Terms and Conditions

NoxComm VoIP Service

TERMS & CONDITIONS

SIGNING UP FOR NOXCOMM’S VOIP SERVICE CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS AGREEMENT. ANY ONE OF THE FOLLOWING ACTIONS CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS: (1) ACCEPTING THE TERMS AND CONDITIONS ELECTRONICALLY DURING THE ORDERING PROCESS AND/OR UPON LOGGING ON TO USE YOUR SERVICE, (2) YOUR SUBMISSION OF AN ORDER, (3) YOUR USE OF THE SERVICE DESCRIBED HEREIN. THROUGH THESE ACTIONS YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT.

INTRODUCTION. These NOXCOMM VOIP Service Terms and Conditions, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time (collectively, the
“Agreement”), constitutes the entire agreement between NOXCOMM, LLC, a Louisiana corporation (hereinafter referred to as “we,” “us” or “NOXCOMM”) and the party set forth in the related registration order form (herein after referred to as “you,” “user” or “Customer”) regarding NOXCOMM’s Service (as defined herein), and supersedes all prior agreements, discussions and writings between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, the term “NOXCOMM” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, attorneys and any other service provider that furnishes services or devices to you in connection with this agreement.
DEFINITIONS.

“Device” means a NOXCOMM-provided telephone, telephone adapter (“Adapter”), router, or other device used with the Services.
“Documentation” means user manuals and other documentation relating to the Services, which are available to Customer by NoxComm accessible via the Internet or in the form of printed media.
“Services” means the products and services that are being provided to you as described in any quote or order form, including, but not limited to, NoxComm’s Unified Communication services, collaboration services, and any associated software, hardware or web-based platform. “Service” shall also include any additional Services provided to you as described in any addendum or amendment.
“Software” means any proprietary software owned by, licensed by, or which NoxComm has a right to sublicense under this Agreement, which software is either provided to Customer under this Agreement or is used in or used to provide the Services.

REVISIONS TO TERMS AND PRICING. From time to time, we may revise the terms and conditions of this Agreement (including, without limitation, any of the policies incorporated by reference) and the pricing (except during the term of a Minimum Commitment Contract) for the Service. Notice of revisions to the Agreement or pricing shall be posted on the NOXCOMM Website (“the Website”) and deemed given and effective on the date posted to the Website. If you do not agree to the revision(s), you must terminate your Service immediately, subject to the Termination provisions provided in this Agreement. By continuing to use the Service after revision(s) are in effect, you hereby accept and agree to all such revisions.
CUSTOMER REPRESENTATIONS. You represent and warrant that your primary residence or business address is in the United States. You represent and warrant that you are at least eighteen (18) years of age or, as applicable, the age of majority in the country, state or province in which you reside, and that you possess the legal right and ability to
enter into this Agreement. You represent and warrant that your name, user name, contact information and registered location are true and correct and if for business use, you are authorized to act on behalf of your company. You understand that NOXCOMM relies on the information you supply and that providing false or incorrect information may result in Service provisioning and delivery delays, the suspension or termination of your Service and the inability of a 911- dialed call to be correctly routed to emergency service personnel, as further explained below. You agree to promptly notify NOXCOMM whenever your personal or billing information changes (including, but not limited to, your name, address, e-mail address, telephone number, and payment method, including credit card number and expiration date, if applicable). You agree to be financially responsible for your use of the Service as well as for use of your account by others.
USE OF SERVICE AND DEVICE.

Business Plans. Service is provided to you as a business user, for your business and home office use. This means that you are not using it for any personal, residential, nonbusiness and nonprofessional purpose. This also means that you are not to resell or transfer the Service to any other person for any purpose or make any charge for the use of the Service, without express written permission from NOXCOMM in advance. NOXCOMM reserves the right to immediately terminate, change the calling plan or modify the Service if NOXCOMM determines, in its sole discretion, that you are using the Service for non business or non- commercial use.
Restrictions. You shall not: (a) copy or adapt the Software or the Services for any purpose, except as specifically permitted under this Agreement; (b) use the Software or Services except in accordance with all applicable laws and regulations, and except as set forth in the Documentation; (c) reverse engineer, translate, decompile, or disassemble the Software or Services; (d) use the Software or Services in any outsourcing, application service provider, time-sharing or service bureau arrangement, including, without limitation, any use to provide services or process data for
the benefit of, or on behalf of, any third party other than the Customer; or (e) cause or permit the disabling or circumvention of any security mechanism contained in or associated with the Software or Services.
User Responsibility. You agree that you are responsible for all use(s) related to your account. You understand this means that you accept full liability and responsibility for your actions or the actions of anyone who uses the Service via your account with or without your permission. You acknowledge that NOXCOMM will be sending you information, including your Password, via e- mail over the Internet. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information and telephone calls you transmit over the Internet. In order to maintain the security of your Service, you should safeguard your User IDs and Passwords, as well as the media access control (MAC) address of the Adapter. The MAC address is one of the pieces of information used by NOXCOMM to authenticate customer calls and should not be shared.
Use of Service and Device by Customers Outside the United States. While NoxComm encourages use of the Service within the United States to other countries, NoxComm does not presently offer or support the Service to customers located in any countries other than the United States. NoxComm’s Services are only for use by persons or entities whose primary residence or business address is in the United States. NoxComm’s Services are designed to work generally with unencumbered high-speed internet connections. However, if the high- speed internet connection you are using is outside the United States and/or your ISP places restrictions on the usage of VoIP services, NoxComm does not represent or warrant that use of the Service by you is permitted by any other jurisdictions or by any or all the ISPs. If you remove the Device to a country other than the United States or use the Service from there, you do so at its own risk, including the risk that such activity violates local laws in the country where you do so. You will be solely responsible for any violations of
local laws and regulations or violations of ISP terms of service resulting from such use. You also agree to indemnify us for any claims, damages or expenses resulting from your use of the Services outside of the United States. NoxComm reserves the right to disconnect Services immediately if NoxComm determines, in its sole and absolute discretion, that you have used the Service or the Device in violation of applicable laws, including without limitation laws of jurisdictions outside the United States. You are solely 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.
Account Ownership. The owner of the account under which the Services are ordered shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Services with NOXCOMM. If no legal entity is provided upon sign-up, the account owner shall be the owner of the credit card used to open such account, if applicable. Subsequent changes to ownership must be supported by appropriate legal documentation. NOXCOMM shall not adjudicate ownership-related disputes, or any other internal business dispute. If NOXCOMM is unable to determine the valid owner of the account, NOXCOMM reserves the right to suspend or terminate the account and Services.
Unlimited Toll-Free Calling. Unlimited Toll-Free Calling is limited to receiving calls originating in the United States only.

LOCAL NUMBER PORTABILITY. In the event you are transferring an existing phone number that currently is subscribed to another carrier, the following terms and conditions apply:

Authorization. You hereby authorize NOXCOMM to process your order for the Service and to notify your local service provider of your decision to switch your local services to NOXCOMM and to transfer your telephone number, and represent that you are authorized to take these actions. You may be required to complete a letter of authorization, provide us with a copy of your most recent bill from your service provider, as
well as provide us with any other information required by your service provider to port your number. Failure to provide any information requested by NOXCOMM or the third party services provider will delay the porting of the number to NOXCOMM. You acknowledge that the porting of your numbers is dependent upon the cooperation of you and third parties not under the control of NOXCOMM. NOXCOMM shall not be responsible for any delay in the port of your number and will not provide credit for any such delays.
Activation. You agree and acknowledge that you must install and activate your Device prior to the date that the number switch becomes effective. You will be assigned a temporary telephone number until your transfer is completed. You may place and receive calls using this temporary number until such time as your phone number is transferred.
Limitation. NOXCOMM has the right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number.
Unauthorized Port Outs. You acknowledge and agree that telephone or facsimile numbers may be ported out from your Services or your account due to acts or omissions of third parties, and it may be difficult or impossible for NOXCOMM to: (i) prevent such port-outs: (ii) retrieve numbers ported-out of your account; or (iii) port such numbers back into your account. NOXCOMM has no responsibility or liability due to such port- outs.

SERVICE DISTINCTIONS. You acknowledge and understand that the Service is not a telephone service, and we provide it on a best efforts basis. Important distinctions exist between telephone service and the enhanced Service offering provided by NOXCOMM. The Service is subject to different regulatory treatment than telephone This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums. Events beyond our control may affect our service, such as
power outages, fluctuations in the internet, your underlying ISP or broadband service, or maintenance. We will act in good faith to minimize disruptions to your use of and access to our service.

EMERGENCY SERVICES – 911 DIALING. You acknowledge and understand that NOXCOMM 911 dialing is different than traditional 911 service. See complete 911 disclosure below.
No 0+ or Operator Assisted Calling; May Not Support X11 Calling. You acknowledge and understand that the Service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, calling card calls or dial- around calls. Our Service may not support 311, 511, and other x11 services in one or more service areas.
No Directory Listing. The phone numbers you get from us will not be listed in any telephone directories. However, any phone numbers you transfer from your local phone company may be listed.
Incompatibility with Other Services.

Non-Voice Equipment Limitations. You acknowledge and understand that the Service is not compatible with all non-voice communications equipment, including but not limited to, some home and office security systems that are set up to make automatic phone calls, emergency phones in elevators, some aspects of satellite TV systems, digital entertainment systems, fax machines, modems and medical monitoring devices. By accepting this Agreement, you waive any claim you may have against NOXCOMM for interference with or disruption of such systems due to the Service.
Certain Broadband, Cable Modem, and Other Services. There may also be other services with which our Service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that
the Service will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.

Use Outside of the United States. As previously noted there are limitations with the Service’s access to 911. NoxComm’s Service does not provide access to emergency services in any country outside of the United States. NoxComm disclaims any obligation to provide you with access to emergency services in any jurisdiction other than the United States.

LENGTH OF SERVICE.

Service Term. We provide the Service for the term that you have signed up for. Your term begins on the date you first ordered service (the “Subscription Date”), or the date we successfully process your payment, whichever is later. It is not the day you receive the Device you ordered or the first time you use the Service. You are purchasing the Service for the full service term as set forth in the Order.
Automatic Renewal. The Service will automatically renew for subsequent terms of the same length as the initial term, excluding any promotional months or initial or renewal term extensions, unless you cancel your Service by providing NoxComm with notice as provided in Section 8.4 of this Agreement at least thirty
(30) days before the end of the then-current service term. Each renewal term begins on the day after the last day of the previous term. Any and all fees assessed to your account during the initial term and any renewal terms will be charged to your payment method on file, which may include any payment method automatically updated by your issuing bank. If you are paying by credit card and your credit card is declined, invalid, or payment is not timely made by the issuer of your credit card, without further notice NoxComm reserves the right to automatically recharge the payment method until payment is received, the payment method is updated, or the Service is discontinued for nonpayment.
Our right to disconnect. You understand and agree that NoxComm has the right to suspend, terminate or disconnect any part of Your Service generally at any time if:

We determine or reasonably believe that You are violating, or violated, any applicable law;
We determine or reasonably believe that You materially breached this Agreement and/or the AUP;
We determine or reasonably believe that You used fraudulent means to pay for the Services, including use of a fraudulent credit card;
We determine or reasonably believe that You abused or harassed (verbally or otherwise) any NoxComm employee, contractor, agent or representative;
We are ordered by law enforcement or other government agencies to suspend, terminate or disconnect your Services;
You bring any legal action or proceeding against NoxComm, or participate in any class action lawsuit against NoxComm;
A petition in bankruptcy is filed by or against You and such petition is not dismissed within thirty (30) days after the effective filing date thereof, or a trustee or receiver is appointed over You or Your material assets;
We determine that such action is necessary to protect maintain, or improve the Services, to prevent fraud or misrepresentation, to protect NoxComm, its customers or other third party NoxComm affiliates, or for any other good cause.
It is otherwise contemplated by this Agreement.
You fail to make payment.
All charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.

Termination of Service. In order to terminate the Service, contact our Customer Care Department, via email
at [email protected] or by calling 1-225-900-0150 prior to expiration of the current service term. Please refer to the NOXCOMM Cancellation Policy below.

DEVICES.

Ownership and Risk of Loss. You will own the Device and bear all the risk of loss, theft, or damage regardless of the payment schedule selected for Services and Devices. Minimum Commitment Contracts for Services and Devices may include early termination fees. Returns of non-defective Devices outside of the initial 30 day moneyback guarantee period will not be accepted. Refer to the Cancellation policy for more information.
Rented Devices. For the purposes of this section “Rented Devices” means any Device leased to Client by NoxComm or NoxComm agents or any other third-party with or without a separate charge or fee in connection with the Services.
Section 9.1 above will not apply to Rented Devices.
Unless otherwise agreed upon, Client agrees that within thirty
(30) days after the expiration of the Term of any Device Rental Agreement or termination of this Agreement, Client will promptly return all Rented Devices to NoxComm. Client will be responsible for (i) any damage to the Rented Devices as assessed by NoxComm upon receipt, (ii) the replacement cost of such Rented Devices if it is lost, misplaced, not delivered or stolen during transit, and (iii) shipping/handling costs.
Client agrees to pay the full retail cost for the repair or replacement of any Rented Device or part that is lost, stolen,
damaged, modified, sold, transferred, leased, encumbered or assigned together with any costs incurred by NoxComm in obtaining or attempting to obtain possession of any Rented Devices.
Promotional Devices. Devices included in a service offering at no charge may be previously used equipment. Unless otherwise provided in a Minimum Commitment Contract, Devices not returned upon cancellation of the Service will be charged to the customer. See Cancellation policy for details.
Replacement of a Defective Device. Devices purchased from NOXCOMM will be covered by their respective factory warranties, if any, only. NOXCOMM does not offer any warranty in addition to, or in replacement of any factory warranties. If a factory warranty applies, then prior to returning the equipment, you must contact NOXCOMM at [email protected] so that NOXCOMM may determine whether a defect exists and to receive an RMA number, which is required along with the return. You must ship the equipment to the manufacturer at the address provided by NOXCOMM in accordance with all RMA procedures. You have 7 days after receipt of an RMA to ship the equipment back to the manufacturer at the address we provide. You must pay all shipping fees. Once the manufacturer has received the equipment, a replacement will be sent to you in accordance with the factory warranty, if any. If an advance replacement is provided and the factory has not received the defective Device within 14 days or it was not in a returnable condition, (original carton, all packing materials and parts in the same condition in which you received them), then NOXCOMM will charge you for the second device or for the missing parts.
Receipt of damaged Devices. If you receive cartons or Devices that are visibly damaged, you must note the damage on the
carrier’s freight bill or receipt and keep a copy. You must also keep the original carton, all packing materials, and parts in the same condition in which you received them from the carrier. You
must then contact our Customer Care Department immediately at [email protected] for return instruction.
Tampering with the Device. You may not change the electronic serial number or equipment identifier of your Device or perform a factory reset of your Device without first getting our written consent.
Prohibited Devices. You are prohibited from using the Services with any devices other than NOXCOMM-approved devices received from retailers or from us.

FEES AND CHARGES.

We will publish fees and charges on our Web site. These fees and charges may change from time to time (except pricing will not change during the term of a Minimum Commitment Contract). New pricing will be effective the next day following posting to the Web site and may be applied to renewals of existing services. We may introduce new products and services at special introductory pricing. Introductory pricing will not be applied retroactively to existing services and may be applied for only limited periods of time. At our discretion, we may change introductory pricing. Certain service charges, such as Regulatory Recovery Fees, Universal Service Fund fees, and E911 fees, are subject to change from time to time and are applicable to ALL Customers regardless of a Minimum Commitment Contract.
Billing increments. All billing policies are defined by the specific package the customer chooses. Please refer to the Web site for exact billing policies.
Taxes. Taxes Customer is responsible for, and shall pay are any applicable federal, state, municipal, local or other governmental sales, use, excise, Universal Service Fees, value-added, personal property, public utility and other taxes, fees and 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 Device and will be billed to you. If Customer is exempt from payment of such taxes, you will provide NOXCOMM with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date NOXCOMM receives such certificate.
Charges for Directory Calls (411). We will charge you $1.25 for each call you make to NOXCOMM directory assistance.
Charges for Calls from Public Payphones. We reserve the right to charge you for any tolls or fees resulting from calls you receive from public payphones.
Activation Fee. One-time activation fees and any other installation fees that may apply are specified on the Web site and vary by product and plan chosen.
Regulatory Recovery Fee. A Regulatory Recovery Fee shall be charged monthly to offset costs incurred by NOXCOMM in complying with inquiries and obligations imposed by federal, state and municipal regulatory bodies/governments and the related legal and billing expenses. This fee is not a tax or charge required or assessed by any government. The Regulatory Recovery Fee may apply to every phone number assigned, including toll free and virtual numbers.
Reinstatement Fee. Reinstating any service deactivated for non- payment of fees shall result in a reinstatement fee up to $25.
Returned Check Fee. NOXCOMM may charge up to the maximum amount permitted by law if your banking institution dishonors or reverses a check, draft, or other payment.

BILLING AND PAYMENT.

Billing. We will charge you in advance for each term of service. If you have selected a free trial offering, we will commence charging you for the Service at the expiration of the free trial period, unless we are notified of the contrary. When you subscribe to the Service, you must give us a valid email address
and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced on account of loss or theft. Except for usage-based charges, we will bill in advance to your payment method all charges, fees, taxes, and surcharges for each service term. Fees may also include activation fees, porting fees, early termination fees (“ETF”), reinstatement fees, and returned check fees. We reserve the right to charge all fees to your payment method. We will bill monthly as due immediately usage-based charges and any other charges which we decide to bill as due immediately. Bills will be posted to the customer portal and emailed to the email address on record. Any payment not made when due may be subject to a late payment fee equivalent to the lesser of (i) one and a half percent (1.5%) per month; or (ii) the highest rate allowed by law.
NOXCOMM’s acceptance of late or partial payments (regardless of how they are marked or designated (including without
limitation as ‘Paid in Full’, ‘Accord and Satisfaction’, or similarly)) will not waive, limit, or prejudice in any way NOXCOMM’s rights to collect any amount due. NOXCOMM may terminate the Services and this Agreement for non-payment if any fees or charges are not paid within thirty (30) days of the due date.
Payment. When you subscribe to the Service, you authorize us to collect from your payment method. This authorization will remain valid until thirty (30) days after you terminate our authority to charge your payment method.
Collection. If we disconnect the Service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation,
collection costs and attorney’s fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest and charges due to insufficient credit.
Notices. You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive your rights under Regulation E to receive ten (10) days advance notice from us regarding the amount that we will debit from your account. While we may send you messages about your billing from time to time, we are not obligated to do so. We may change or cease our messages at any time without notice to you.
Billing Disputes. You must notify NOXCOMM in writing within seven (7) days after receiving your credit card statement or from the time funds are debited from your bank account if you dispute any NOXCOMM charges on that statement or that have been debited from your account, or such dispute will be deemed waived. Notification of all billing disputes shall be sent to the following address: [email protected]. NOXCOMM will charge a late fee as described in Section 11.1 for a disputed amount if (1) it was not paid by the due date and (2) NOXCOMM determines that you disputed the charge in bad faith.
Prepaid Services. All prepaid fees being provided to you as described in any quote or order form and other payments by you under this Agreement are non-refundable and non-creditable.

PRICING AND PAYMENT.

Prices and Fees. NOXCOMM fees and charges for the Service are supplied to you during the ordering process unless otherwise provided for in this You agree to pay the applicable one-time and recurring charges. You further agree that any taxes and other charges, including but not limited to, account setup fees, Adapter fees, Device charges, shipping and handling and other nonrecurring charges will be charged to your payment method on file. Recurring charges will be billed and automatically charged to your payment method on file on the first day of every billing cycle. Your billing cycle will begin on the anniversary date of your subscription date as defined in section 8.1.
YOU AGREE THAT WE MAY CHARGE YOUR CREDIT CARD (IF APPLICABLE) FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT. If you are paying with a credit card, you agree to provide a credit card and not a debit card. If your card is a combination credit card/debit card, you authorize us to use it as a credit card. If your issuing bank automatically provides us with an updated credit card, you agree that we may charge this new credit card for all amounts due to us without additional notice or consent. You also agree to indemnify us for any claims, damages or expenses resulting from providing a debit card instead of a credit card (if applicable). If your credit card is declined, is invalid or payment is not made by the issuer of your credit card at the time that a charge is attempted, you will not be able to use the Service until your account is paid in full.
Credit Balance Account. Your credit balance account has been established to cover incidental charges on your account that are not covered by your subscription fee. For example, international calls, toll free charges, Directory Assistance calls and taxes related to these calls are automatically charged to your credit balance account. A certain credit limit will be set on your account based upon your service plan and credit history. When the balance of your credit account reaches the credit limit, your account will be unable to make additional calls until the balance is paid down. You can make payments to reduce your credit balance account at any time by contacting our Customer Care Department at 1-225-900-0150 or by email
to [email protected]. Any credit balance used as of your subscription renewal or monthly anniversary date will be charged to the payment method on file.
Credit Terms. All Services provided to You and covered by the Agreement shall at all times be subject to credit approval or review by NOXCOMM. You will provide such credit information or assurance as is requested by NOXCOMM at any time. NOXCOMM, in its sole discretion and judgment, may discontinue credit at any time without notice or require a deposit.
Discontinuation of Service for Nonpayment. The Service to you may be denied or discontinued without notice at any time in the event you fail to make payment, your credit card provider denies or discontinues providing credit to you for any reason, or you fail to provide us with a new credit card expiration date before the existing one expires. If your payment method fails for any reason during the ordering process, or any regular or monthly billing process, you will have 24 hours to provide NOXCOMM your payment method, including credit card information if applicable. If the payment method is not resolved within 48 hours, NOXCOMM will deactivate the Service. If your new payment method is approved within 24 hours, your calling plan and billing cycle will remain unchanged. We reserve the right to modify the per minute calling plan at any time. You agree to pay all charges owed to NOXCOMM, including but not limited to the reinstatement fee for reactivated services. In
the event NOXCOMM utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys’ fees.
Promotions. NOXCOMM may limit the number of promotions you may be eligible for in a given period. Promotions may be cancelled by NOXCOMM at any time.
Cancellation Policy. NOXCOMM cancellation policies are outlined in the Cancellation Policy listed below and are incorporated into this policy with this reference. All cancellation requests must be submitted in the form of an email ticket
to [email protected] or by calling our Customer Care Department at 1-225-900-0150 and must be made prior to the expiration of the Service term. See the cancellation policy for details. Changes to the Cancellation Policy may be made at any time without notice to you and is effective the day following posting to our Web site.

Acceptable Use Policy. You agree to comply with the NOXCOMM Acceptable Use Policy (“AUP”), which is listed
below and is incorporated into this policy with this reference. Changes to the AUP may be made at any time without notice.
MANAGEMENT OF YOUR DATA AND COMPUTER.

System Management and Service Performance. You are solely responsible for obtaining, installing, configuring and maintaining suitable equipment, including your computer and telephone and software, including any necessary system or software upgrades, patches or other fixes which are or may become necessary to access the Service and to operate your computer. NOXCOMM will only provide technical assistance with respect to your NOXCOMM-provided Adapter.
Monitoring of Network Performance. NOXCOMM automatically measures and monitors network performance. We also will access and record information about your computer’s profile and settings and the installation of the Software in order to provide customized technical support. No adjustments to your computer settings will be made without your permission. You hereby consent to NOXCOMM’s monitoring of your Internet connection and network performance, and the access to and adjustment of your computer settings, as set forth above, as they relate to the Service.
Storage of User Information. NOXCOMM is not obligated to store Your communications logs, voicemails, faxes, e-mails, or other messages and does so only as a convenience to You. You agree that NOXCOMM has no responsibility or liability whatsoever for the deletion or failure to store any call log information, voicemails, faxes, e-mails, messages, and/or other communications maintained or transmitted by the Services. You acknowledge and agree that NOXCOMM may establish limits as to the size of communications that NOXCOMM transmits or stores and the duration for which NOXCOMM stores any communications.

LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY, INDEMNIFICATION.

WARRANTIES.

NOXCOMM MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. NOXCOMM DOES NOT WARRANT THAT THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NOXCOMM DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. CUSTOMER AGREES THAT IT ACCEPTS THE SERVICE AND DEVICE “AS IS” AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST NOXCOMM TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
WE WILL NOT GIVE YOU CREDIT FOR ANY INTERRUPTION OF NOXCOMM SERVICE, INCLUDING INTERNATIONAL CALLING SERVICES.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL NOXCOMM BE LIABLE TO YOU, YOUR REPRESENTATIVES OR AUTHORIZED
ASSIGNS OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT. NOR SHALL NOXCOMM BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO NOXCOMM OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND NOXCOMM’S CONTROL, INCLUDING WITHOUT
LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE QUALITY. NOXCOMM SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO NOXCOMM’S 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 NOXCOMM’S NEGLIGENCE OR OTHER ACTS OR OMISSIONS. NOXCOMM’S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL 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 NOXCOMM WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE NOXCOMM FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST
NOXCOMM TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.

INDEMNIFICATION AND WAIVER OF CLAIMS.

INDEMNIFICATION.

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, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NOXCOMM AGAINST ANY AND ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NOXCOMM FROM ANY AND ALL CLAIMS AND/OR LIABILITY FOR DAMAGES, PERSONAL INJURY, DEATH, FINES, PENALTIES, COSTS, EXPENSES, LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, ATTORNEYS’ FEES, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT UNLESS THE CLAIMS OR CAUSES OF ACTION ARISE FROM OUR GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT. THIS SECTION SHALL SURVIVE THE AGREEMENT.

CONTENT. You are liable for all liability that may arise from the content you transmit to any person, whether or not you authorize it, using the Service or Device. You promise that you and anyone who uses the Service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using the Service and the Device.
MISCELLANEOUS LEGAL CONSIDERATIONS.

Governing Law. This Agreement and the relationship between you and NOXCOMM shall be governed by the laws of Louisiana without regard to its conflict of law provisions. Any claim brought pursuant to this Agreement shall be brought in a court of competent jurisdiction within the State of Louisiana and venue for any such claim shall be proper in the appropriate state or federal court located in Baton Rouge, Louisiana.
No Waiver of Rights. Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. NOXCOMM reserves all of its rights at law and equity to proceed against anyone who uses the Services or Device illegally or improperly. All determinations by NOXCOMM under this Agreement and exercise of its rights are made and done in our sole and absolute discretion.
No Third Party Beneficiaries. If you are not a party to this Agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This Agreement does not create any other third party beneficiary rights.
Entire Agreement. This Agreement, the Order, the applicable service description, the AUP, or any reference herein to the content of NOXCOMM’s websites constitute the entire agreement between you and NOXCOMM and govern your use of the Service, superseding any prior agreements between you and NOXCOMM and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No changes to this
Agreement shall be binding upon either you or NOXCOMM unless they are agreed to in writing by both parties.
Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. This invalidity or non- enforceability will not invalidate or render unenforceable any other portion of this agreement.

DISPUTE RESOLUTION AND BINDING ARBITRATION.

It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
Arbitration. NOXCOMM and you agree to arbitrate any and all disputes and claims between you and NOXCOMM except with respect to claims for amounts owed for services rendered. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and NOXCOMM, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to “NOXCOMM,” “us” and “you” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the Service
under this agreement or any prior agreements between you and NOXCOMM.
Informal Resolution of Disputes. Our Customer Care Department can resolve most customer concerns quickly and to
the customer’s satisfaction. If you have a dispute or claim against us, you should first contact the NOXCOMM Customer Care Department at (800) 900-0150 and provide in detail, including documents or analysis supporting your position, the basis of your claim. Customer care shall be provided with 14 days in which to research and respond to your claim.. In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved as set forth below.
Formal Notice of Disputes A party who intends to seek
arbitration must first send to the other party a written “Notice of Dispute” setting forth in detail, including submission of supporting documentation, the grounds of your dispute. The Notice of Dispute to NOXCOMM must be sent to NOXCOMM, attention “General Counsel,” by certified mail addressed to 5615 Corporate Blvd Ste 300B, Baton Rouge, LA 70808.

The Notice of Dispute must describe the nature and basis of the dispute or claim and set forth the specific relief sought. If you and NOXCOMM do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, you or NOXCOMM may commence an arbitration proceeding. The amount of any settlement offer made by you or NOXCOMM shall be non- discoverable and shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or NOXCOMM is entitled.

Arbitrator and Arbitral Rules. The arbitration shall be
administered by the American Arbitration Association (“AAA”). The arbitration shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as
modified by this Agreement. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.
Waiver of Judge or Jury Trial. You and NOXCOMM agree that, by entering into this agreement, you and NOXCOMM are waiving the right to a trial by judge or
Waiver of Class Actions. You and NOXCOMM agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and NOXCOMM agree that you and NOXCOMM may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and NOXCOMM agree that, unless you and NOXCOMM agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.
Statute of Limitations. You must present a claim within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes which are subject to section 10 and 11 of the agreement), or you waive the right to pursue a claim based upon such event, facts, or dispute.
Exceptions to Arbitration Agreement. Notwithstanding the obligation to arbitrate and any other provisions to the contrary herein, you and we agree that with respect to claims for unpaid invoices: (a) we may take our dispute to small claims court, if the contained dispute qualifies for hearing by such court; (b) if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement;
(c) you or we may take any disputes over the validity of any party’s intellectual property rights to a court of competent jurisdiction; (d) any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and
(e) either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or NOXCOMM, pending the completion of arbitration.
Modification of Arbitration. If NOXCOMM makes any substantive change to this arbitration provision, you may reject any such change and require NOXCOMM to adhere to the language in this provision.
Venue/Jurisdiction. All claims for Arbitration shall be submitted to and heard by the office of AAA. Should an evidentiary hearing be required by the Arbitrator, such hearing shall be heard in Baton Rouge, Louisiana.

PRIVACY. NOXCOMM Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. You acknowledge and understand that NOXCOMM cannot guarantee that voice over IP communication is completely secure. You agree that NOXCOMM may access all features of your account and the Service to determine whether the Service is being used fraudulently and/or in violation of this Agreement, and for any other purposes. YOU AGREE THAT NOXCOMM SHALL NOT BE LIABLE FOR ANY LACK OF PRIVACY. NOXCOMM is committed to respecting your privacy relating to personally identifiable information. Once you choose to provide personally identifiable information, it will only be used in the context of your relationship with NOXCOMM. NOXCOMM will not sell, rent, or lease your personally identifiable information to others. Upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, NOXCOMM may disclose personally identifiable information. Please refer to our Privacy Policy for additional information.
EXPORT COMPLIANCE. You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that Customer shall not export, directly or indirectly, re-export, divert, or transfer any portion of the Service or Device, including, without limitation, to any destination, company, or person restricted or prohibited by U.S. export controls.
RECORDING CONVERSATIONS. Certain NOXCOMM Services provide a function that allows You to record individual telephone conversations. The laws regarding the notice, notification, and consent requirements for recording conversations vary from state to state. In some states, You are required to obtain consent from all parties to a record a conversation. You are solely responsible for complying with all federal, state, and local laws in any relevant jurisdiction when using this feature. NOXCOMM expressly disclaims all liability with respect to your recording of telephone conversations. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify NOXCOMM from and against any damages or liabilities of any kind related to Your recording of any telephone conversations using the Services. You agree that NOXCOMM, may at its sole discretion, record any call between NOXCOMM and You for NOXCOMM quality control purposes.
ASSIGNMENT. NOXCOMM may assign all or part of its rights or duties under the Agreement without notifying you. If we do that, we have no further obligation to you. You may not assign the Agreement or the Service or Device without our prior written agreement.
SURVIVAL. The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes, billings and your obligation to pay for the Service provided and any additional usage charges, shall survive the termination of the Agreement and the termination of the Service.
CALEA. NOXCOMM intends to fully comply with the
Communications Assistance for Law Enforcement Act (“CALEA”). By
using the Service, you hereby agree and consent to NOXCOMM’s right to monitor and otherwise disclose the nature and content of your communications if and as required by CALEA without any further notice to you.
FORCE MAJEURE (EVENTS BEYOND NOXCOMM’S CONTROL). NOXCOMM shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties as may occur in spite of NOXCOMM’s best efforts.
SOFTWARE COPYRIGHT Any software used by NOXCOMM to provide the Service and any software provided to you in conjunction with providing the Service is protected by copyright law and international treaty provisions. You may not copy the software or any portion of it. Furthermore, you may not delete, alter, cover, or distort any copyright or other proprietary notices or trademarks provided to you as part of the Service.

Emergency 911 Policy

911 SERVICE & LIMITATIONS

PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY.

911 BACKGROUND: IN THE UNITED STATES, EMERGENCY SERVICE IS PROVIDED BY DIALING THE DIGITS “911.” WITH BASIC 911 SERVICE, WHEN YOU DIAL 911, LOCAL EMERGENCY OPERATORS ANSWERING THE CALL WILL NOT HAVE YOUR CALL BACK NUMBER OR YOUR EXACT LOCATION, SO YOU MUST BE PREPARED TO GIVE THEM THIS INFORMATION. UNTIL YOU GIVE THE OPERATOR YOUR PHONE NUMBER, HE/SHE MAY NOT BE ABLE TO CALL YOU BACK OR DISPATCH HELP IF THE CALL IS NOT COMPLETED OR IS NOT FORWARDED, IS DROPPED OR DISCONNECTED, OR IF YOU ARE UNABLE TO SPEAK. WITH ENHANCED 911 (E911) SERVICE, WHEN YOU DIAL 911, YOUR TELEPHONE NUMBER AND REGISTERED ADDRESS IS SIMULTANEOUSLY SENT TO THE LOCAL EMERGENCY CENTER ASSIGNED TO YOUR LOCATION, AND EMERGENCY OPERATORS HAVE ACCESS TO THE INFORMATION THEY NEED TO SEND HELP AND CALL YOU BACK IF NECESSARY. CERTAIN CUSTOMERS DO NOT HAVE ACCESS TO EITHER BASIC 911 OR E911 BECAUSE THERE ARE NO LOCAL EMERGENCY CENTERS IN THEIR AREA OR THEY DID NOT REGISTER FOR AN E911 SERVICE ADDRESS. IF YOU DO NOT HAVE ACCESS TO BASIC 911 OR E911, YOUR 911 CALL WILL BE SENT TO THE NATIONAL EMERGENCY CALL CENTER. A TRAINED AGENT AT THE EMERGENCY CALL CENTER WILL ASK FOR THE NAME, TELEPHONE NUMBER AND LOCATION OF THE CUSTOMER
CALLING 911, AND THEN CONTACT THE LOCAL EMERGENCY CENTER FOR SUCH CUSTOMER IN ORDER TO SEND HELP.
EXAMPLES OF SITUATIONS WHERE 911 CALLS WILL BE SENT TO THE NATIONAL EMERGENCY CALL CENTER INCLUDE WHEN THERE IS A PROBLEM VALIDATING A CUSTOMER’S ADDRESS DURING 911 ADDRESS REGISTRATION, OR THE CUSTOMER IS LOCATED IN AN AREA THAT IS NOT COVERED BY THE LANDLINE 911 NETWORK.
EMERGENCY PERSONNEL DO NOT RECEIVE YOUR PHONE NUMBER OR PHYSICAL LOCATION WHEN YOUR 911 CALL IS ROUTED TO A NATIONAL EMERGENCY CALL CENTER. THEREFORE, YOU MUST BE PREPARED TO GIVE THE OPERATOR YOUR PHONE NUMBER AND LOCATION AND ANY OTHER INFORMATION THAT THE OPERATOR MIGHT REQUEST. BY SIGNING UP FOR NOXCOMM’S VOIP SERVICE YOU AUTHORIZE THE NATIONAL EMERGENCY CALL CENTER TO DISCLOSE YOUR NAME AND ADDRESS TO THE THIRD PARTY OR PARTIES INVOLVED WITH PROVIDING EMERGENCY SERVICES TO YOU, INCLUDING, WITHOUT LIMITATION, CALL ROUTERS, CALL CENTERS AND LOCAL EMERGENCY CENTERS.
NOXCOMM’S BASIC 911 OR E911 SERVICE IS DIFFERENT THAN TRADITIONAL 911 LAND LINE SERVICE. CONSEQUENTLY, YOU MUST BE AWARE OF THE FOLLOWING:
YOU MUST REGISTER YOUR LOCATION: FOR EACH PHONE LINE THAT YOU UTILIZE WITH NOXCOMM’S VOIP SERVICE, YOU WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION (“REGISTERED LOCATION”)
OF YOUR EQUIPMENT (E.G., SIP PHONE, PHONE ADAPTER, ETC.) WITH NOXCOMM, EITHER ON NOXCOMM’S WEBSITE OR BY CALLING CUSTOMER SERVICE. YOU MUST REMEMBER TO UPDATE THE REGISTERED LOCATION WHENEVER THE PHYSICAL LOCATION CHANGES. NOXCOMM’S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE REGISTERED LOCATION FOR THE ACCOUNT. ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR BY NOXCOMM WILL BE BASED UPON THE REGISTERED LOCATION PROVIDED TO NOXCOMM BY YOU. FOR PURPOSES OF 911 DIALING, YOU MAY ONLY REGISTER ONE REGISTERED LOCATION AT A TIME FOR EACH PHONE LINE.
You acknowledge and understand that your failure to provide the current and correct physical address and location of your Equipment as the Service Address will result in any emergency calls you make being routed to the incorrect local emergency service provider. During the ordering process, you will provide NOXCOMM the physical address where you will use your Service. When you dial 911 with NOXCOMM, your call will be routed to the general telephone number for the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the Service Address you have registered with NOXCOMM. You acknowledge and understand that you may not be routed to a dispatcher who is specifically trained and designated to receive incoming emergency response calls, and it is possible that the lines at the PSAP will be occupied and that you will get a busy signal.

YOUR E911 SERVICE WITH NOXCOMM WILL NOT BE AVAILABLE UNDER THE FOLLOWING CIRCUMSTANCES:

RELOCATION OF YOUR VOIP EQUIPMENT: IF YOU RELOCATE THE EQUIPMENT THAT YOU USE
TO ACCESS NOXCOMM’S VOIP SERVICE, YOU MUST UPDATE YOUR REGISTERED LOCATION. IF YOU DO NOT UPDATE YOUR REGISTERED LOCATION, ANY 911 CALL YOU MAKE USING NOXCOMM’S VOIP SERVICE WILL BE ROUTED BASED ON YOUR PREVIOUSLY PROVIDED REGISTERED LOCATION AND THEREFORE MAY NOT BE ROUTED TO THE APPROPRIATE PUBLIC SAFETY ANSWERING POINT FOR YOUR CURRENT LOCATION. ONCE YOU NOTIFY NOXCOMM OF A CHANGE IN YOUR REGISTERED LOCATION, THERE MAY BE A DELAY IN MAKING THE NEW REGISTERED LOCATION AVAILABLE TO PROPERLY ROUTE 911 CALLS AND TO ADVISE EMERGNCY PERSONNEL OF YOUR REGISTERED LOCATION.
RE-REGISTRATION REQUIRED IF YOU CHANGE YOUR NUMBER OR ADD OR PORT NEW NUMBERS: YOUR NOXCOMM VOIP 911 SERVICE WILL NOT FUNCTION IF YOU CHANGE YOUR PHONE NUMBER OR IF YOU ADD OR PORT NEW PHONE NUMBERS TO YOUR ACCOUNT, UNLESS AND UNTIL YOU SUCCESSFULLY REGISTER YOUR LOCATION OF USE FOR EACH CHANGED, NEWLY ADDED OR NEWLY PORTED PHONE NUMBER AND RECEIVE CONFIRMATION FROM NOXCOMM.
INTERNET CONNECTION FAILURE: IF THERE IS AN INTERRUPTION OF YOUR BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE, YOU
WILL NOT HAVE ACCESS TO NOXCOMM’S VOIP SERVICE DURING THAT INTERRUPTION AND THEREFORE WILL NOT HAVE ACCESS TO 911 SERVICE DURING THAT INTERRUPTION. IN ADDITION, SINCE THE SERVICE IS DEPENDENT ON THE BROADBAND CONNECTION, THE
AVAILABILITY OF AN ADEQUATE POWER SUPPLY AND CORRECT EQUIPTMENT CONFIGURATION, NOXCOMM DOES NOT GUARANTEE THAT THE SERVICE WILL BE CONTINUOUS OR ERROR-FREE. NOXCOMM WILL NOT OFFER CREDITS FOR SERVICE FAILURES DUE TO POWER OUTAGES OR DISRUPTIONS IN YOUR BROADBAND CONNECTION.
EQUIPMENT FAILURE AND MISCONFIGURATION
NOXCOMM’S VOIP SERVICE WILL NOT FUNCTION IF THE EQUIPMENT ON YOUR PREMISES OR ANY EQUIPMENT INCLUDING SOFTWARE, NETWORK ETC. IN OUR LOCATIONS (OFFICES, DATA CENTERS) FAILS FOR ANY REASON INCLUDING BUT NOT LIMITED TO HARDWARE OR SOFTWARE FAILURES OR MISCONFIGURATION EITHER BY NOXCOMM, THE CUSTOMER AND/OR ANY OF OUR VENDORS.
NOXCOMM DOES NOT AND CANNOT GUARANTEE THAT THE SERVICE WILL BE CONTINUOUS OR ERROR-FREE. YOU ACKNOWLEDGE AND UNDERSTAND THAT A FAILURE OF EQUIPMENT CAN OCCUR AND IT IS YOUR SOLE RESPONSIBILITY TO RETAIN ALTERNATIVE MEANS OF COMMUNICATION.
LOSS OF ELECTRICAL POWER: NOXCOMM’S VOIP SERVICE WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER AND YOU WILL NOT HAVE PHONE SERVICE OR 911 SERVICE DURING ANY POWER OUTAGE.
NON-VOICE SYSTEMS: NOXCOMM’S VOIP SERVICES ARE NOT SET UP TO FUNCTION WITH
OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS AND MEDICAL MONITORING EQUIPMENT. BY SIGNING UP FOR NOXCOMM’S VOIP SERVICE YOU WAIVE ALL CLAIMS AGAINST NOXCOMM FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY NOXCOMM’S VOIP SERVICE.
CALLS OUTSIDE THE U.S.: IF YOU MOVE YOUR NOXCOMM VOIP SERVICE EQUIPMENT OUTSIDE OF THE UNITED STATES, YOUR 911 SERVICE WILL NOT WORK. CHECK THE EMERGENCY CALLING PROCEDURES FOR THE COUNTRY WHERE YOU ARE LOCATED TO DETERMINE THE CORRECT EMERGENCY CALLING PROCEDURES.
TERMINATION OF SERVICE: 911 SERVICE WILL NOT BE AVAILABLE IF YOUR SERVICE HAS BEEN CANCELLED OR TERMINATED BY YOU OR BY NOXCOMM. You acknowledge and understand that a service outage due to suspension of your account as a result of billing issues or any other reason, including, but not limited to those reasons described elsewhere in this Agreement, will prevent ALL Service, including the limited emergency response service.
NETWORK CONGESTION AND/OR REDUCED SPEED FOR ROUTING EMERGENCY CALLS: You acknowledge and understand that calls made using the limited emergency response service of NOXCOMM may be subject to network congestion and/or reduced routing speed and the call may fail.
OTHER LIMITATIONS: THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING NOXCOMM VOIP SERVICE’S E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO
CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE NOXCOMM VOIP SERVICE E911 CALL. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE NOXCOMM NETWORK, THERE IS A POSSIBILITY THAT A NOXCOMM 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN 911 CALLS PLACED VIA TRADITIONAL TELEPHONE NETWORKS. IN ADDITION, A LOCAL OR NATIONAL DISASTER AND SUBSEQUENT SPIKE IN THE NUMBER OF CALLS MAY RESULT IN LONG CONNECTION TIMES, BUSY SIGNALS OR FAILURES TO CONNECT.

YOU MUST NOTIFY ALL USERS OF THESE LIMITATIONS: YOU MUST INFORM ALL POTENTIAL USERS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE NOXCOMM’S VOIP SERVICE OF THE IMPORTANT DIFFERENCES IN AND LIMITATIONS OF NOXCOMM’S VOIP 911 DIALING AS COMPARED WITH BASIC 911 OR E911 PROVIDED BY TRADITIONAL LANDLINE TELEPHONE SERVICE.
YOU MUST AFFIX THE PROVIDED WARNING LABELS TO YOUR VOIP EQUIPMENT: NOXCOMM WILL PROVIDE YOU WITH WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING (THE “911 STICKER”). YOU MUST PLACE ONE OF THESE 911 STICKERS ON EACH TELEPHONE AND ON ANY OTHER DEVICE WHICH WILL BE USED
WITH YOUR NOXCOMM VOIP SERVICE. IF YOU REQUIRE ADDITIONAL 911 STICKERS, PLEASE CONTACT NOXCOMM’S CUSTOMER SERVICE DEPARTMENT.
ALTERNATIVE ARRANGEMENTS: BY SIGNING UP FOR NOXCOMM’S VOIP SERVICE YOU UNDERSTAND THAT IF YOU ARE NOT COMFORTABLE WITH THE LIMITATIONS OF NOXCOMM’S 911 SERVICE, THAT YOU SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICE. IN ORDER TO ENSURE THAT YOU HAVE ACCESS TO EMERGENCY SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT IT IS YOUR SOLE RESPONSIBILITY TO PURCHASE, FROM A THIRD- PARTY SEPARATELY FROM NOXCOMM, TRADITIONAL WIRELESS OR LANDLINE TELEPHONE SERVICE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS. IF THE SERVICE IS USED IN A HOME OFFICE ENVIRONMENT, IT IS NOT INTENDED TO BE USED FOR PERSONAL, RESIDENTIAL, NONBUSINESS OR NONPROFESSIONAL COMMERCIAL USE. A HOME OFFICE USER MUST PROVIDE ALTERNATIVE ARRANGEMENTS FOR RESIDENTIAL EMERGENCY CALLS.
YOU HEREBY ACKNOWLEDGE:

NOXCOMM DOES NOT SUPPORT TRADITIONAL 911 AND E911 ACCESS TO EMERGENCY SERVICES. The limited emergency response service accessible by NOXCOMM differs in a number of important ways from traditional emergency response services as further explained below. You agree to inform any potential users and other third persons who may be present at the physical location where the Service is utilized
(whether home or office) as to the important limitations on emergency response service.
THE EMERGENCY RESPONSE SERVICE WILL NOT RECEIVE AUTOMATED NUMBER AND LOCATION IDENTIFICATION. You acknowledge and understand that when you call 911 using the Service, the local emergency personnel receiving your call will not be able to identify your phone number or the physical address from which you are calling. You will need to state the nature of your emergency promptly and clearly, including your telephone number and location. You acknowledge and understand that the individual answering the call may not be able to call you back or find your location if the call is unable to be completed, is dropped or disconnected, or if you are unable to tell them your phone number and physical location and/or if the Service is not operational for any reason, including without limitation those reasons listed elsewhere in this Agreement.
EMERGENCY CALLS FROM A LOCATION OTHER THAN YOUR SERVICE ADDRESS MAY NOT BE DIRECTED CORRECTLY TO A LOCAL EMERGENCY SERVICE PROVIDER. You acknowledge and understand that if you use your Equipment and the Service to call 911 from a location other than the Service Address that you have registered with NOXCOMM (e.g., if you move or use the Service while you are traveling), unless you have completed registration of such location as described in Section 6.e below, your call will not be routed to the correct local emergency service provider. The provider to whom any such 911 calls are routed will be unable to transfer the call to a local emergency service provider in the area from which you are calling.

DISCLAIMER OF LIABILITY AND INDEMNIFICATION: YOU ACKNOWLEDGE AND UNDERSTAND THAT NOXCOMM WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING
NOXCOMM OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH ABOVE. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NOXCOMM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS WHO FURNISH SERVICES TO YOU IN CONNECTION
WITH NOXCOMM’S VOIP 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. IN ADDITION, NOXCOMM DOES NOT HAVE ANY CONTROL OVER WHETHER, OR THE MANNER IN WHICH, CALLS USING NOXCOMM’S 911 SERVICE ARE ANSWERED OR ADDRESSED BY ANY LOCAL EMERGENCY RESPONSE CENTER. NOXCOMM DISCLAIMS ALL RESPONSIBILITY FOR THE CONDUCT OF LOCAL EMERGENCY RESPONSE CENTERS AND THE NATIONAL EMERGENCY CALLING CENTER. NOXCOMM RELIES ON THIRD PARTIES TO ASSIST US IN ROUTING 911 SERVICE CALLS TO LOCAL EMERGENCY RESPONSE CENTERS AND TO A NATIONAL EMERGENCY CALLING CENTER. NOXCOMM DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT. NEITHER NOXCOMM NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH NOXCOMM’S VOIP SERVICE MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE NOXCOMM 911
SERVICE UNLESS SUCH CLAIMS OR CAUSES OF ACTION AROSE FROM NOXCOMM’S GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS NOXCOMM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH NOXCOMM’S VOIP SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY RELATING TO THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, INCLUDING 911 SERVICE, INCORRECTLY ROUTED 911 SERVICE CALLS, AND/OR THE INABILITY OF ANY USER OF THE SERVICE TO BE ABLE TO USE 911 SERVICE OR ACCESS EMERGENCY SERVICE PERSONNEL. THESE PROVISIONS SUPPLEMENT AND DO NOT LIMIT THE INDEMNIFICATION AND LIMITATION OF LIABILITY PROVISIONS CONTAINED IN NOXCOMM’S TERMS AND CONDITIONS.
BY SIGNING BELOW YOU AFFIRM THAT YOU HAVE RECEIVED AND UNDERSTOOD THE ADVISORY ABOVE REGARDING THE LIMITATIONS OF NOXCOMM’S 911 SERVICE AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR E911 CALLS AND FURTHER ACKNOWLEDGE AND ACCEPT THAT NOXCOMM’S VOIP SERVICE MAY NOT SUPPORT OR PROVIDE EMERGENCY SERVICE AT ALL TIMES.

VoIP Cancellation Policy Cancellation Policy

You may cancel your NOXCOMM Service at any time by providing

NOXCOMM with a notice of your intent to cancel by sending an email

to [email protected] or calling our Customer Care Department at 1-225-900-0150.

Money Back Guarantee. If you are unsatisﬁed with your NOXCOMM service for any reason in the ﬁrst 30 days after your initial sign up, under the condition that you have not used over 50% of the allowed minutes in your metered subscription plan or 500 minutes in an unlimited plan, you did not receive a free device, and you are not subject to a minimum commitment contract, you may cancel and be eligible for a refund of equipment, activation and subscription fees. Shipping and handling charges are not refundable. Refunds for devices where an RMA was requested within the 30 day period will be made in full if the devices are in “returnable” condition and the device is returned within 7 days of the RMA date. Returnable condition requires the item to be in new condition, in the original packaging and all parts and documentation received. Return shipping is the customer responsibility.
Our money back guarantee does not apply to customers who received a free device, minimum commitment contracts, any charges for international usage, payphone calls to NOXCOMM toll free numbers, and directory assistance. Our money back guarantee also does not apply to any renewals or add-on lines or services added after your initial order. In addition, we may not be able to refund all of the taxes that you paid. NOXCOMM will use commercially reasonable efforts to refund promptly any charges (less any amounts that you owe to us) to your account following the return of your device. If your device is not returned within 14 days from the RMA date, NOXCOMM will refund for all eligible charges except for the device charges. Once the device is returned, the device charges will be refunded less any applicable restock fee.
A charge for the retail price of any device will be made to the customer’s account if the device is not returned within 14 days of the RMA date.
WE HAVE THE RIGHT TO REVOKE THE MONEY BACK GUARANTEE FOR ALL CUSTOMERS AT ANY TIME WITHOUT
PRIOR NOTICE. The 30-Day Money Back Guarantee does not apply if you are found to be in violation of our terms of service or if you have taken advantage of the guarantee in the past.
Termination After 30 Days. Upon termination of service after the initial 30 days, the termination will be effective on the last day of the current billing period in which notice of termination is given (not applicable to minimum commitment contracts). At any time, and for any reason, NOXCOMM may provide a refund, discount, or other consideration to a NOXCOMM customer (“Credit”). The amount and form of a Credit, and the decision to provide them, are at NOXCOMM’s sole and absolute discretion. The provision of a Credit is one instance does not entitle you to a Credit in the future for similar instances, nor does it obligate NoxComm to provide a Credit in the future, under any circumstances. Equipment is not returnable or refundable after the 30-Day Money Back Guarantee period. Non-usage of service does not constitute cancellation of service nor does it extend the 30-Day Money Back Guarantee period.
Minimum Commitments Contracts. In the event you signed up for a minimum commitment contract, in addition to any disconnect fee, you will be responsible for all charges for the entire minimum commitment period and authorize NOXCOMM to bill these fees to your payment method (credit card). The 30-Day Money Back Guarantee does not apply to any executed minimum commitment contract.
Porting. You may be able to take, or “port,” your current number to another service provider. Once your port is completed through your new service provider, you must email [email protected] to cancel your NOXCOMM Service. Until you cancel service with NOXCOMM, you will remain a NOXCOMM customer, and you will continue to be responsible for all charges and fees associated with your

Service. If you cancel your Service prior to completion of the port, your Service will not work and your number may not be available for porting. Your account must be active and in good standing in order to port out your number.

NoxComm Acceptable Use Policy

Deﬁnitions:

“Service” – shall mean the products and services that are being provided to you as described in any quote or order form,
including, but not limited to, NoxComm’s Uniﬁed Communication services, collaboration services, the Messaging Services, and any associated software, hardware or web-based platform. “Service” shall also include any additional Services provided to you as described in any addendum or amendment.
“Device” – shall mean a NoxComm-provided telephone, telephone adapter (“Adapter”), router, or other NoxComm- provided device used with the Services.
“Fax, SMS, or MMS Broadcasting” and “Fax, SMS or MMS Blasting” – shall mean sending the same message by fax, SMS, or MMS to six (6) or more recipients at the same time, one after another.

Unlimited Services. NoxComm reserves the right to periodically review usage levels of any unlimited service plans, including, but not limited to, minutes, data, messages, and API calls (“Unlimited Plan(s)”), to ensure that you are not using such service in violation of this AUP and if such an abuse or violation is discovered to terminate or adjust the plan as appropriate. You agree to use the Unlimited Plan for services of a quantity or duration comparable to that of the average customer presently utilizing NoxComm’s services and will not employ methods, devices or procedures to take advantage of unlimited plans by using the services excessively or for means not intended by NoxComm. Excessive use is deﬁned by NoxComm as use that substantially exceeds the average volume or duration of calls, data or messages used by all other NoxComm Unlimited Plan customers using the same service, or attempting to originate or terminate multiple concurrent phone calls, faxes, or messages through any single line of service. The following
types of services are speciﬁcally prohibited and may not be accessed
through NoxComm’s unlimited voice service plan: conference calling, monitoring services, data transmissions, transmission of broadcasts or
transmission of recorded material. NoxComm may terminate your service or change your service plan if, in its sole discretion, NoxComm determines that your use of the Unlimited Plan violates this prohibition or is otherwise “unreasonable” or results in abuse of the Unlimited Plan.

We consider your use of our Service to be “unreasonable” and therefore subject to immediate termination if you:

re-sell, re-brand, re-supply, re-market or commercially exploit our Unlimited Plans, without our written consent, in order to aggregate trafﬁc from more than one customer over an “unlimited” line or trunk;
set up routing functionality such that only outbound long- distance trafﬁc is sent over the Unlimited Plan; or
engage in any other conduct which is fraudulent, illegal, harassing or results in signiﬁcant network conges- tion, or degradation.

We consider your use of our Service to be “abusive” and subject to immediate termination or adjustment if you utilize:

Autodialing, predictive-dialing, or robo-dialing.
Continuous, repetitive or extensive call forwarding.
Harassing, threatening or abusive calls, faxes or messages.
Unsolicited calls, faxes or messages if such unsolicited activities could reasonably be expected to, or actually do in fact, provoke complaints.
False information for you or any users of the Service.
Continuous or extensive chat line or conference call participation.
Free conference calling or similar services that participate in trafﬁc simulation practices or schemes that result in excessive charges.
Repetitive and/or continuous messaging or calling to the same destination number if such activity could reasonably be expected to, or in fact actually does, provoke complaints.
Long duration calls (deﬁned as calls to the same number in excess of four hours (continuous or cumulative) within a 24 hour period) and/or calls placed to speciﬁc numbers/destinations for the purpose of generating charges or fees for or with a third party.
calls that do not consist of uninterrupted live human voice dialog by and between natural human beings.
Continuous call session connectivity.
Fax, SMS or MMS Broadcasting.
Fax, SMS or MMS Blasting.
Telemarketing. or
Any other activity that would be inconsistent with reasonable personal, residential and business use patterns, causes network congestion or jeopardizes the integrity of NoxComm’s network.

SHORT DURATION CALLS: NoxComm reserves the right to charge all short duration calls (calls under 10 seconds in length) a ten-cent (10¢) per call assessment if NoxComm determines, in its sole discretion, that you have an excessive volume (more than 10% of your total calls in any given month) of calls that consist of such short duration calls. You agree that calls, as deﬁned herein for billing purposes, shall include all call trafﬁc when accepted by NoxComm or its underlying carriers for termination whether such calls are terminated or not for any reason
(“incomplete calls”). NoxComm will bill you for all calls completed to NoxComm’s facility or equipment or that of NoxComm’s underlying carriers regardless if the call is
completed to the called party. Accordingly, you understand your obligations in regards to incomplete calls and agrees that NoxComm shall incur no liability as a result of or, in relation to, said incomplete call.

Lawful purposes only. You may not use our Service or your Device in any way that is illegal, improper or inappropriate. A non-exhaustive list of examples of illegal, improper or inappropriate uses of our Service and/or Devices includes:

Interfering with our ability to provide Service to you or other customers, or avoiding your obligation to pay for the Service within the time frame designated for payment.
Use of the Service to threaten, abuse, harass, defame, deceive, defraud, interfere or invade another’s privacy or engage in any similar behavior.
Use our Service or your Device for: auto-dialing; continuous, repetitive or extensive call forwarding, telemar- keting (including charitable or political solicitation or polling), fax or voicemail broadcasting or blasting.
Use our Service or your Device to: impersonate another person; send bulk unsolicited messages; use robots, data mining techniques, or other automated Devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our Service or use any automated means to manipulate our Service.
Violate any law, rule, or regulation; violate any third party’s intellectual property or personal rights; or exceed your permitted access to our Service.
Use the Service for transmitting or receiving any communication or material of any kind which would constitute a criminal offense, give rise to a civil liability, or otherwise violate any
applicable local, state, national or international law or encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.

Right of Termination. In addition to NoxComm’s right to terminate any service for non-payment, NoxComm reserves the right to terminate the Service immediately and without advance notice if NoxComm, in its sole discretion, believes that you have violated any of the above restrictions, leaving you responsible for the full charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee and any penalties, all of which immediately become due and payable.
Monitoring.We may monitor the use of our Service for violations of this agreement. We may, without liability, remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our Service, or NoxComm, its parent, afﬁliates, directors, ofﬁcers, agents, and employees from harm.

Providing information to authorities and third parties. If we believe that you have used our Service or your Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows: in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action against someone who may be misusing the Service,
the Device, or both; to protect NoxComm’s rights and property;
or in emergency situations where disclosure of such information is necessary to protect NoxComm customers or third parties from imminent harm.
Use of Service and device by Customers Outside the United States. While NoxComm encourages use of the Service within the United States to other countries, NoxComm does not presently offer or support the Service to customers located in any countries other than the United States. NoxComm’s Services are only for use by persons or entities whose primary residence or business address is in the United States. NoxComm’s Services are designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is outside the United States and/or your ISP places restrictions on the usage of VoIP services, NoxComm does not represent or warrant that use of the Service by you is permitted by any other jurisdictions or by any or all the ISPs. If you remove the device to a country other than the United States or use the Service from there, you do so at its own risk, including the risk that such activity violates local laws in the country where you do so. You will be solely responsible for any violations of local laws and regulations or violations of ISP terms of service resulting from such use. NoxComm reserves the right to disconnect Services immediately if NoxComm determines, in its sole and absolute discretion, that you have used the Service or the device in violation of applicable laws, including without limitation laws of jurisdictions outside the United States. You are solely 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.
No Transfer of Service. You may not resell or transfer your Service or your Device or provide a telephone service to anyone else by using your NoxComm service or features of your NoxComm service without ﬁrst obtaining our prior written consent.
No Alterations or Tampering. If you copy or alter or have someone else copy or alter the firmware or software of the
Device in any way that facilitates a compromise of your service, you are responsible for any charges that result. You may not attempt to hack or otherwise disrupt our Service or make any use of our Service that is inconsistent with its intended purpose.
Theft of Service. You may not use or obtain our Service in any manner that avoids NoxComm policies and procedures, including an illegal or improper manner. You will notify us immediately in writing if your Device is stolen or if you believe that your Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of Service. If you fail to notify us in writing in a timely manner, we may disconnect your service and levy additional charges on you. Until you notify us in writing, you will remain liable for all use of our Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service up through the date notice is received by NoxComm.