Intrastate Long Distance Voice Services
I. SERVICE DESCRIPTION: An outbound, customized telecommunications service that may include an inbound service option using Business Line Access or Dedicated Access Line terminations and/or a virtual private network. Service is available for single or multi-location companies using switched, dedicated and calling card origination and switched and dedicated termination.
1. Individual Case Basis (ICB) Arrangements. Rates for ICB arrangements will be developed on a case-by-case basis in response to a bona fide request from a Customer or prospective Customer to develop a competitive bid for a service offered under the intrastate portion of the Guide. Rates quoted in response to such competitive requests may be different than those specified for such services in the intrastate portion of the Guide. ICB rates will be offered to the Customer in writing and on a non-discriminatory basis. The Company may also enter into ICB arrangements in response to a Customer request for special arrangements which may include engineering, installation, construction, facilities, assembly, purchase or lease of facilities, and/or other special services not otherwise offered under the intrastate portion of the Guide. Company, at its option, may provide the requested services. Appropriate recurring and/or non‑recurring charges will be developed accordingly.
2. Discontinuance of Service. Customers who discontinue Long Distance Voice Services service will be billed at their contract rates for a period of up to thirty (30) days, after which they will be billed for any service usage at the standard Guide rates applicable to service.
3. Verizon Business Services Flexible T1 Service
4. Switched Digital Service. Intrastate Switched Data Service is available.
5. Calculation of Charges
5.1 Call Rounding. Unless otherwise specified, calls are subject to the following rounding rules, on a per-call basis, for billing purposes:
|
Call Type |
Initial Period |
Additional Increments |
|
Outbound Service (except Operator Assisted) |
18 seconds |
6 seconds |
|
Outbound Service |
|
|
|
Operator Assisted |
60 seconds |
60 seconds |
|
Toll Free Inbound Service |
18 seconds |
6 seconds |
5.2 Charge Rounding. If the computed charge includes a fraction of a cent, the fraction is rounded to the nearest whole cent.
II. DEFINITIONS: In addition to the Online Definitions, the following definitions apply:
Dedicated: A non-switched connection between a Customer Premises and an MCI Legacy Company POP.
Local Network Connection: A switched connection between a Customer's Premises and an MCI Legacy Company Point of Presence (POP).
Switched: A switched connection between a Customer Premises and a Company POP which is not provided by an MCI Legacy Company.
III. FEATURES AND OPTIONS. Customers receive Base Features. Customers must also subscribe to one or more of the four Feature Options. Customers of each Feature Option receive features for the option chosen, and may elect to receive other features, either on a stand-alone basis or as part of a combined feature package. See Intrastate Features and Feature Packages.
IV. RATES AND CHARGES
1. Intrastate Access. See Intrastate Access.
2.1 Inbound and Outbound Service. The following per-minute rates apply:
Verizon Business Services (VBS) I, VBS II, and III Usage Rates
2.2 Intrastate Switched Digital Service
3. Intrastate Operator Assisted
4. Intrastate Features and Feature Packages. See Section III feature descriptions and charges.
5. Optional Calling Plans
5.1 Verizon Business Services III
5.2 Verizon Business Services II
5.3 Verizon Business Services I
6. Intrastate Long Distance Directory Assistance
7. Intrastate Payphone Use Surcharge applies.
8. Paper Invoice Charge applies.
9. Convenience Payment Charge applies.
V. TERMS AND CONDITIONS: In addition to the Online Master Terms - Terms and Conditions of Service, for toll-free service (including features), the following apply:
1. Responsible Organization (Resp Org). At the Customers request, the Company will perform the function of a Resp Org, specifically: (1) searching for, and reserving, toll-free telephone numbers with the toll-free Service Management System (SMS/toll-free); (2) creating and maintaining toll-free telephone number Customer records with the SMS/toll-free; and (3) providing a single-point-of-contact for trouble reporting involving toll-free service.
1.1 In its capacity as Resp Org, the Company will reserve, assign, activate or change, upon request, toll-free numbers for a Customer or prospective Customer, and will administer toll-free numbers in accordance with the rules of the Federal Communications Commission, customary industry standards and practices, the terms of this Guide, and the effective procedures of the SMS/toll-free. Customers may request the reservation, assignment or activation of toll-free numbers on their own behalf, or a Customer which resells toll-free services may make such requests on behalf of its customers. A Customer who resells toll-free services must provide to any of its customers or prospective customers, upon reasonable request, information concerning the status of a particular toll-free number(s) in which the customer or prospective customer has an interest and, if applicable, the identity of the Resp Org(s) for the toll-free number(s). When a resale Customer decides (or learns of its customers decision) not to utilize the reserved, assigned or activated toll-free number, the Customer must notify the Company within forty-eight hours so that the Company can release the toll-free number into the pool of numbers available for assignment in accordance with industry standards and practices.
1.2 With respect to any claim that arises out of the Companys acting as a Resp Org or relates to the Companys provision of toll-free service, including without limitation toll-free Directory Assistance and toll-free service provided with a number or numbers other than the one(s) provided by the Company to the Customer, the liability of the Company is limited to the lesser of (a) the actual monetary damages incurred and proved by the Customer as the direct result of the Companys actions, or (b) $1,000.
1.3 A Customer of toll-free service is responsible for payment for all calls placed to or via the Customers service number(s). This responsibility is not changed by virtue of any use, misuse, or abuse of the Customers service or interconnected Customer-provided system facilities or service, which use, misuse or abuse may be occasioned by third parties including, without limitation, the Customers employees and members of the public who dial the Customers toll-free service number(s) either by mistake or with the intent to abuse service.
1.4 If a Customer accumulates more than $1,000 of undisputed Company toll-free service charges, the Company may refuse to honor any Customer request for a Resp Org change until such undisputed charges are paid in full.
2. Use of Toll-free Numbers
2.1 Notwithstanding any other provision in this Guide, if the Company determines that a toll-free number associated with service provided by the Company is being used in violation of the requirements of this Guide, the Company may terminate service immediately. Contemporaneously with service termination, the Company will notify the Customer by certified mail of the action it has taken and the reasons therefor.
2.2 If the Company terminates toll-free service pursuant to Section 6.1 above, the Company will retain control for four (4) months of all toll-free numbers associated with terminated service. During the four-month period, the Company will not transfer the number to any other Customer, will refuse to reconnect the number for the previous Customer, except upon direction from the Federal Communications Commission or a court of competent jurisdiction; will refuse to honor transfer of service arrangements between the disconnected Customer and any third party; and will refuse to honor any change of Resp Org forms issued by the terminated Customer.
2.3 If the Federal Communications Commission or a court of competent jurisdiction orders the Company to return the number to the control of the terminated Customer, or if the Company determines that its Guide requirements have not been violated, the Company will reestablish service without charge to the Customer. The Company also will not impose any underutilization or other charge as a result of a service disconnection that is overruled by the Federal Communications Commission of a court of competent jurisdiction.
2.4 At the end of the four-month period, assuming there is no outstanding challenge to the actions of the Company, the Company will return control of the toll free number to the numbering authority for availability on a first-come, first-served basis pursuant to existing industry practices.
2.5 The termination of service by the Company pursuant to this subsection does not relieve the Customer of any obligation to pay the Company for charges due and owing for service furnished up to the time of service termination. In the event service is terminated for cause and the Customer is committed to a term or other plan for which charges apply in the event of Customer termination for convenience, the Company will charge, and the Customer will be obliged to pay, as though it had terminated service for its own convenience.
3. Answer Supervision. A call begins when a call is terminated on or passes through Customer's Premises equipment. The Customer must provide answer supervision back to the Company point of connection when the toll free service is connected to switching equipment or a Customer-provided communications system. In such cases, the equipment or system must provide appropriate supervision so that the measure of chargeable time begins upon the delivery of the call to the customer's switching equipment or communications system and ends upon termination of the call.
4. Call Blocking
4.1 The Company, upon written Customer request, may institute (and subsequently remove) call blocking to the Customers toll-free telephone number(s) from certain countries, cities, NXX exchanges, or individual telephone stations in order to prevent the receipt of telephone calls made for the purpose of annoying, abusing, threatening or harassing any person at the called number. The Company reserves the right to limit the number of requests for toll-free call blocking per Customer.
4.2 Whenever call blocking occurs on lines presubscribed to the Company, Customers or former Customers will be unable to make calls via any of the Companys Carrier Identification Codes (CICs) or those of its affiliates. At the request of a private payphone owner, the Company will arrange to block direct dial (i.e., completed without the assistance of an operator) calls made from a payphone to Puerto Rico and the U.S. Virgin Islands and to all international locations, except Canada. The Company may refuse to accept calling or credit card, collect calling and/or third number calls which it determines are or may be fraudulent, or it may limit the use of these billing options to or from certain countries or areas, including all or part of the United States, Puerto Rico, and the U.S. Virgin Islands.
5. Number Information. The Company, upon written Customer request, may provide to Customer the following information: (i) the NCS ID, which is a 3-digit identifier of the Company switch where an inbound toll free call first enters the Companys long distance network, and (ii) a list of area codes (NPAs) that map to each such switch. To receive such information, Customer must have in place the Companys Hosted Intelligent Contact RoutingIntegration Service. Where provided, such information is offered on an as-is basis, without warranty of any kind or representation of accuracy or usefulness. Company, in its sole discretion, may choose to delay or stop providing such information at any time. Such information is deemed to be Verizon Confidential Information. Customer is responsible entirely for its use of such information and will indemnify and hold Verizon harmless from any claims, losses or liability arising from its use of such information.
6. Automatic Number Identification. Any Customer of Automatic Number Identification (ANI) or charge number services on calls may: (a) use the telephone number and billing information for billing and collection, routing, screening, and completion of the originating telephone subscriber's call or transaction, or for services directly related to the originating telephone subscriber's call or transaction; (b) not reuse or sell the telephone number or billing information without first notifying the originating telephone subscriber and obtaining the affirmative consent of such subscriber for such reuse or sale; and (c) not disclose, except as expressly permitted, any information derived from the Automatic Number Identification, or charge number service for any purpose other than performing the services or transactions that are the subject of the originating telephone subscriber's call; for ensuring network performance security and the effectiveness of call delivery; for compiling, using, and disclosing aggregate information; and for complying with applicable law or legal process. These requirements are not intended to prevent a person to whom Automatic Number Identification or charge number services are provided from using the telephone number and billing information provided pursuant to such service, and any information derived from the Automatic Number Identification or charge number services, or from the analysis of the characteristics of a telecommunications transmission, to offer a product or service that is directly related to the products or services previously acquired by that Customer from such person. Use of such information is subject to the requirements of 47 CFR Sec. 64.1200 and Sec. 64.1504(c).
7. Calling Party Number. A Customer's calling party number (CPN) may be identified and disclosed to the called party. This may be prevented if the Customer first dials *67 (or 1167 for rotary or pulse-dialing phones) to place a call. Customers with per-line blocking first must dial *82 (or 1182 for rotary or pulse-dialing phones) to allow for the presentation of CPN to called parties.
8. No Property Right in Number/Changes. Customer has no property right to any telephone number or any other designation associated with Services furnished by the Company. Company reserves the right to change such numbers or other designations, or the meaning associated with them, at its discretion.
9. Interconnection with Another Carrier. Services may be interconnected with service(s) or facilities provided by another common carrier pursuant to the following conditions: (a) Interconnection may take place at a Company premise, at the premise of another common carrier, or at the premise of the Customer or its Authorized User. Unless otherwise indicated, Service is not part of a joint undertaking between the Company and any other common carrier or carriers; and (b) Any special facilities needed to achieve compatibility between the Companys Service and the service or facilities of another common carrier will be provided at the Customer's expense. At the Customers request and upon appropriate authorization by the Customer, the Company will undertake to make the necessary interconnection arrangements. When Services of Company are interconnected with and/or terminated in any service and/or equipment of another common carrier, Customer shall comply with any applicable tariff regulations of and/or contractual obligations it has to the other common carrier. Company is appointed Customers agent to arrange interconnection from the Company's point of presence (POP) to the Customer's facilities, where necessary for Company to provide Service, unless otherwise specified. Customer is responsible for payment of local access line charges for such interconnections secured on its behalf. The rates charged for local access service are subject to change by the providers of such local access service. Customer acknowledges that Company may rely on other carriers for installation and testing of local access lines. Company is not liable for services and equipment not provided by the Company.
10. Interconnection with CustomerProvided Systems or Facilities. Services may be interconnected with Customer-provided systems or facilities (including equipment) provided by the Customer, an Authorized User, or their representative(s) pursuant to the following conditions: (a) Customer is responsible for the installation, operation and maintenance of Customer Equipment (including without limitation Terminal Equipment such as teleprinters, handsets or data sets), situated at a Customer Premises, at Customers expense, except as otherwise provided for in the Customers Signed Contract; and (b) the characteristics and performance of Customer Equipment to be interconnected with Service provided by the Company must be and remain compliant with requirements imposed by the Federal Communications Commission, state commissions, and/or industry standards, as these may be modified from time to time. Company is not responsible for the performance of Customer Equipment, including without limitation the through transmission of signals generated by Customer Equipment or for the quality of, or defects in, such transmission; the reception of signals by Customer Equipment; or network control signaling where such signaling is performed by network control signaling Customer Equipment.
12. Payment Terms
12.1 Billing Increment. The duration of a call or other billing unit is rated in the billing increments applicable to the service. If the final interval of a call or other billing unit is less than the applicable billing increment, it will be rounded up to a full increment for purposes of billing. Computed usage charges or credits for each call are rounded to the nearest cent (except as noted below for the minimum charge). Billable time for switched telecommunications service is the duration of time between the called station answering and the called or calling station disconnecting, provided duration may be rounded in accordance with specific descriptions in this Guide.
12.2 Minimum Charge. The Company does not invoice charges in fractions of a cent; the minimum charge for any charge element is $ .01. For example, if a Customers ECR platform or transport charge calculates to anything less than $.01 (e.g., $.004, each such charge will be billed at $.01).
12.3 Service Restoration Charge. Company may charge a service restoration charge of $20 when interLATA service is restored after being blocked, suspended or cancelled.
12.4 Foreign Carrier Charges. When a Customer opts for single-end billing of foreign carrier charges, the Customer is responsible for the charges billed for the entire network as if the service were provided domestically. The Customer is also responsible for payment of any loss on foreign exchange arising in the process of converting a foreign carrier's charges to U.S. dollars, or vice versa, in settlement of such carrier's charges and in collections from the Customer. If the domestic Customer's correspondent in the foreign country placed the single-end order with the concurrence of the domestic Customer, the domestic Customer is liable for all the charges applicable to the domestic portion of the service, if the overseas Customer fails to make payment by the due date. Bills rendered for these charges are due and payable under the terms of this Guide.
12.5 Unbillable Charges. Calls may not be placed using a local exchange company's calling card if that local exchange company is not obligated to invoice such calls on Company's behalf, and calls may not be placed or received using 10-10XXX dialing or collect or third party calling conventions, e.g., 1-800-COLLECT, if the serving local exchange carrier is not obligated to provide billing name and address (BNA) information to Company in connection with such calls.
12.6 Applicable Local Exchange Carrier Terms. The terms and conditions for billing, payment and collection, including without limitation, any late payment charge, specified in the applicable local exchange carriers tariff apply to charges of Company for which the local exchange carrier serves as the billing agent for Company or buys Company's accounts receivables.
13. Service Credits. The following credits for service interruptions apply, except for Directory Assistance, and except as otherwise expressly provided for in this Guide or in a Signed Contract.
13.1 Usage-based Credits. For services for which charges are specified on the basis of per minute of use, or on usage of a fraction of a minute, the following credits will be made for an interrupted call that can be remedied by re-dialing the called number.
(a) Usage Charges. A credit will be made for that portion of a call which is interrupted due to poor transmission (e.g. noisy circuit), one way transmission (one party is unable to hear the other), or involuntary disconnection caused by deficiencies in service. A Customer also may be granted a credit for reaching a wrong number. To receive a credit, the Customer must notify his or her Customer Service Representative and furnish information, including the called number, the service subscribed to, the difficulty experienced, and the approximate time the call was placed.
(b) Other Credits. When a call is involuntarily disconnected, the Customer will be given a credit equivalent to the charge for the initial minute of the call made to re-establish communications with the other party. When a domestic call has been interrupted by poor transmission or one way transmission, the Customer will be given a credit of the Customers choosing, either (a) $2.65 per reported call, or (b) an amount equal to the basic or standard charges for the reported call, up to a maximum of thirty (30) minutes. Where an international call has been interrupted by poor transmission or one way transmission, the Customer will be given a credit of the Customers choosing, either (a) $2.65 per reported call, or (b) an amount equal to the standard charges for one minute of usage to the country called. A Customer who has reached a wrong number will be given a credit equal to the charge for the initial minute of the call to the wrong number, if he or she reports the situation promptly to a Customer Service Representative. This credit is limited to $100 over a twelve (12) month period.
13.2 Recurring Charge-based Credits. For services for which charges are specified on the basis of a monthly recurring charge, the following credits will be made for service interruptions.
(a) If service is interrupted for a period of less than two (2) hours, no credit will be given.
(b) When service is interrupted for a period between two (2) and twenty four (24) hours, a credit will be given in an amount equal to one thirtieth (1/30) of the applicable monthly recurring service charge.
(c) When service is interrupted for a period of more than twenty four (24) hours, a credit will be given in an amount equal to one thirtieth (1/30) of the applicable monthly recurring service charge for each twenty four (24) hour period or fraction thereof that service is interrupted.
Alternative Credit. In lieu of the credits provided for in the previous three subsections, the Company may apply a credit against usage or monthly recurring charges in an amount not to exceed $1,000 per Customer or account, per monthly billing period, whenever the Company determines, in its sole discretion, that such a credit is warranted due to considerations involving the delivery of past service to the Customer or an account.
No Credit: No credits will be given for interruptions: (a) caused by the act or omission of the Customer or an Authorized User; (b) due to the failure of power, equipment, systems, facilities or services not provided by the Company; (c) during any period during which the Company or its representatives are not afforded access to the premises where access lines or Company facilities associated with the Customer's or Authorized Users service are located; (d) during any period when the Customer or an Authorized User has released service to the Company or its representative for maintenance, service rearrangement, or the implementation of a Customer service order; (e) during any period when the Customer has chosen not to release service for testing or repair and the Customer continues to use service on an impaired basis; (f) due to network busy conditions; or (g) not reported to the Company.
13.3 Terms.
Interruption Period. An interruption period begins when the Company receives notification that service has been interrupted and service has been released for testing and repair. An interruption period ends when service is restored. If the Customer reports that service has been interrupted, but refuses to release it for testing and repair, the service is deemed to be impaired, but not interrupted for crediting purposes.
Affected Service. Only those segments of service actually affected by an interruption are considered in determining the credit amount.
Extent of Service. For purposes of crediting, "service" includes facilities provided by the Company and/or a participating international carrier or an overseas administration connecting with such international carrier.
14. Fraud
14.1 Theft of Service. Except with respect to usage involving the use, misuse or abuse of Customer Premises Equipment (CPE) interconnected with service, or as otherwise provided in this section or in any Signed Contract, the Company will issue full credit for invoiced charges for Customer calls determined to the reasonable satisfaction of Company to have resulted from a theft of service. A theft of service is the unauthorized use of the Customers service following its theft by a third person over whom neither the Customer nor an Authorized User possesses an ability to control. Under no circumstance will credit be issued for service use resulting from the acts or omissions of the Customer or any Authorized User, or from the acts of any of the Customers or Authorized Users employees, former employees, agents, vendors or independent contractors. To qualify for a credit, the Customer must: (1) notify the Company in writing within ninety (90) days of the Customers receipt of the first invoice containing alleged unauthorized service use; and (2) co-operate fully with the Company in connection with any investigation, prosecution or litigation arising from such theft of service. The Customers written notification must identify with specificity the service use for which the Customer is seeking credit.
14.2 Remote Toll Fraud Program: The Remote Toll Fraud Program provides the procedure required for Customer fraud credit requests and limits a qualifying Customers liability for verified Remote Toll Fraud usage charges. For purposes of this Program, Remote Toll Fraud is defined as: (i) the placement of unauthorized outbound calls to international locations by using the Customers outbound international service; or (ii) unauthorized use of eligible toll-free service originating from a domestic location(s) and compromising certain CPE associated with the service(s) located in the United States. The following terms and conditions apply to the Remote Toll Fraud Program:
To be eligible to receive benefits under this Program, the Customer must:
(a) provide the Company with requested information concerning any password(s) used to access CPE involved in any suspected Remote Toll Fraud; (b) co-operate with the Company in all efforts to identify, prevent or eliminate suspected or confirmed Remote Toll Fraud. For purposes of notification, the Customer must furnish the designated Company Representative with: (i) the names of Customer personnel involved in the Program, including individuals capable of being contacted 24 hours per day, seven days per week; and (ii) Customer pager, cellular or off-hour telephone numbers. This information must be furnished initially by the Customer and updated, as necessary, in order for the Customer to become, and remain, eligible to receive benefits under the Program;
(b) provide follow up information regarding the nature of any potentially fraudulent usage within forty-eight (48) hours of a Company notification to the Customer. Provide Company with access to its CPE within twenty-four (24) hours of a Company request, and the Customer must allow the Company Representative to investigate the current and/or former CPE configuration. Under no circumstance will the CPE configuration be, or be deemed to be, the responsibility of the Company;
(c) immediately notify the Company whenever Remote Toll Fraud is suspected or detected, irrespective of whether other common carrier(s) are involved;
(d) notify the Company in writing within sixty (60) days of receipt of the first Company invoice containing any suspected Remote Toll Fraud usage charges. If the Customer fails to notify the Company, all usage charges for which written notice has not been provided will not qualify as Remote Toll Fraud usage charges. The Customers notice must establish with specificity (e.g., by way of call detail records) to the reasonable satisfaction of the Company that the suspected usage charges are covered under the Program; and
(e) notify the Company in writing within sixty (60) days of the end of the Remote Toll Fraud incident of the means by which the fraud occurred, if known, and the changes made to the Customer's CPE to prevent future Remote Toll Fraud.
15. Program Benefits and Other Program Conditions. CPE eligible for participation in the Program is limited to a single Private Branch Exchange (PBX) or a single electronic key system located on Customer Premises within the United States. Under no circumstance will the Program cover, nor will Remote Toll Fraud be defined to include, calls placed by wireless devices, dial-around (10-10-XXX) calls, Operator Service calls, toll-free or 900 pay-per-call traffic, or calls made through any non-Company conferencing service or Centrex system. For each incident of Remote Toll Fraud, an eligible Customer will be liable to the Company for the first $10,000 of Remote Toll Fraud usage charges for calls occurring prior to notification. For purposes of this section notification is defined as (i) notice to the Customer from an authorized representative of the Companys Fraud Prevention organization or Account Team representative; or (ii) notice from the Customer to the Companys Fraud Prevention organization or Account Team representative of suspected remote access fraud. An eligible Customer's pre-notification liability will not exceed $10,000 per Remote Toll Fraud incident, but the Customer will be liable to the Company for all Remote Toll Fraud usage charges for calls occurring after notification is given by the Company to the Customer or by the Customer to the Company. The $10,000 limitation of Customer liability will not apply to CPE for which a credit previously was given, or to any other CPE connected to CPE for which a credit previously was given, until a "30 day fraud-free period" has elapsed. This period will be measured beginning with the date of the last fraudulent call of the last incident affecting the same CPE. CPE not owned or leased by the Customer and not subject to the Customers direct control, whether on Customer Premises or elsewhere, is not eligible under the Program. The Program will not cover any Remote Toll Fraud usage charges resulting from the negligent or intentional acts of the Customer, its employees, former employees, agents, vendors or independent contractors.
Credited Remote Toll Fraud usage charge amounts will be excluded from the ascertainment of volume/term discount levels and satisfaction of any applicable volume/revenue requirements. With respect to any credit amount awarded to Customer under this Program, the Company is subrogated to any and all rights of the Customer with respect to any associated claims against third parties (including, without limitation, any person who made the unauthorized calls resulting in the credit amount given). Failure of the Customer to comply with any of its obligations under the Remote Toll Fraud Program will disqualify the Customer from current and future participation in the Program at all Customer locations. Company may, but is not required to, advise Customer of abnormal calling patterns or other possible unauthorized use of facilities or Service assigned to the Customer. Additionally, the Company may, but is not required to, block calls on authorization codes which Company believes to be unauthorized or fraudulent.
16. Tariff Cancellation
16.1 Customers with Term Contracts. When any applicable tariff is canceled, a Customer with a term contract will receive service for the remainder of the term of service (and any additional option period(s)) pursuant to the provisions of the term contract, as supplemented by those in this Guide. The Guide will replace the canceled tariff and will include product descriptions, definitions, prices and other applicable terms and conditions to replace those previously contained in the tariff and will be accessible by, and available to, the Customer on the Companys Internet web-site (www.verizonbusiness.com) 24 hours per day, seven days a week. If a canceled tariff was incorporated by reference into the Customers term contract, the replacement Guide likewise will be incorporated into the term contract.
16.2 Other Customers. When any applicable tariff is canceled, a Customer without a term contract, or one that receives service pursuant to the tariff only, will receive service pursuant to this Guide. The continued use of service by the Customer following tariff cancellation, or any modification made by the Company to the Guide, will signify Customer acceptance of the product descriptions, definitions, prices and other terms and conditions contained in the Guide as of the time of service use.
17. Service Cancellation
17.1 Service Cancellation Request Received From Local Exchange Carrier. If the Company cancels a Customer account or service at the request of the Local Exchange Carrier (LEC) serving the Customer, but the Customer nevertheless continues to complete calls over the Company's network by dialing 1+ or a Company CIC (e.g., 1010222), then, for a period not to exceed sixty (60) days from the date the Company first received the service cancellation request, the following provisions shall apply: Customers who had subscribed to Long Distance Options A, B, C-1, or C-2, will receive service under the terms and conditions, including rates and charges, set forth under the offering to which the customer subscribed at the time of cancellation under those services.
17.2 Service Cancellation or Change by Customer. If a Customer cancels an order for service before service commences, or before completion of a minimum service period, or before completion of some other period mutually agreed to between the Customer and the Company, the Customer will be billed and required to pay the Company for its unrecovered and non-recoverable expenditures or liabilities incurred to establish, provide and terminate service for Customer, including without limitation termination charges paid to third parties, and all recurring charges identified in the Signed Contract.
17.3 Service Discontinuance by Foreign Carrier. If the Company receives a request for service discontinuance from a foreign carrier furnishing interconnected service to a Customer, but has not yet been notified of such discontinuance by the Customer, the Company will contact the Customer and request a written confirmation of the intended discontinuance. If the Customer does not furnish such written confirmation to the Company within five business days, the Company will discontinue service as requested by the foreign carrier. If the Customer elects not to have the service discontinued, it must so indicate in writing within the specified five business day deadline and provide to the Company with the lease number assigned to each circuit associated with service.
17.4 Change of Service. When a change of service involves the continued use of service, installation charges will not apply to the service being continued in use. The minimum service period for the service will be deemed to have begun on the date the original service was first available to the Customer.
17.5 Service Cancellation by Company: The Company may discontinue the furnishing of any and/or all service(s), or cancel a Customers service or Customer accounts, without incurring any liability:
(a) Immediately, upon seven (7) days written notice to the Customer, if: (i) providing service would violate any applicable law, regulation, court order, or other legal authority; (ii) any sum owed by the Customer has not been paid within thirty (30) days of the invoice date and remains unpaid during the seven (7) day period following the delivery of written notice of non-payment to the Customer; (iii) the Customer fails to comply with a request by the Company for security for the payment of service; (iv) the Customer subscribes to a calling card service and has not used the service (with the exception of calls to Directory Assistance) for 180 days. In such case, the Company may deactivate the card. If the Customer wishes to renew service (e.g., upon reopening its business), the Company will promptly supply a new card; (v) the Customer has failed to fulfill a contractual commitment to pay for service previously furnished to the Customer; or (vi) the Customer is non-compliant with any other provision or requirement set forth in the Guide or in any contract between the Company and the Customer.
(b) Immediately, and without notice, if: (i) the Customer refuses to furnish information that: (1) is essential to the Company or its billing agent to invoice service; or (2) pertains to the Customer's credit-worthiness, its past or current use of common carrier communications service, or its planned use of such service; (ii) the Customer has provided false information regarding the Customer's identity, address, credit-worthiness, past or current use of common carrier communications service, the planned use of service, or the Customers status under federal and/or state low income programs; (iii) the Customer either refuses to pay when billed for service or indicates to the Company or an entity billing on the Companys behalf that it does not intend to pay for service; (iv) a Customer subscribed to a service accessed with an authorization code has not used the service (with the exception of calls to Directory Assistance) for 90 days. In such case the Company may deactivate the authorization code. If the Customer wishes to renew service (e.g., upon reopening its business), the Company will promptly supply a new authorization code. This provision does not apply to Customers whose service is accessed by dialing 1+ into central offices where equal exchange access is available; (v) a Customer has not used a Service (of any type) for 12 months; (vi) the Customer or prospective Customer uses service to transmit or receive a message, locate a person, or otherwise give or obtain information without payment for service; (vii) the Customer uses, or attempts to use, service with the intent to avoid the payment, either in whole or in part, of the charges for the service by: (viii) using or attempting to use service by rearranging, tampering with, or making connections to service in an unauthorized manner; (ix) using tricks, schemes, false or invalid numbers, false credit devices, electronic devices; or any other fraudulent means or devices. (x) the Customer uses service to entice callers to dial certain numbers and thereby incur charges without informing the callers that such charges will be incurred; (xi) the Customer previously was provided with notice of non-compliance with any provision in this Guide, took corrective action within the requisite seven (7) day period to comply with the provision, but thereafter engages in the same non-compliant activity; (xii) the Customer acts, or fails to act, in a manner that hinders or frustrates any investigation by the Company or others having legal authority to investigate Customer compliance with this Guide or with the Customers other legal obligations; (xiii) the Customer fails to pass back to the Company appropriate answer supervision so that a call can be billed; (xiv) the Customer is reselling service, having elected to use a Company CIC, but fails or refuses to indemnify the Company for costs incurred by the Company as the result of its use of a Company CIC; (xv) the Customer uses service for an unlawful purpose, or in a manner that interferes with service to other users; or (xvi) the Company reasonably determines, in its sole judgment, that such action is necessary to prevent or protect against fraud or to otherwise protect its personnel, agents, facilities or services.
Discontinuance or cancellation of service by the Company will not relieve the Customer of any obligation to pay for service previously furnished to the Customer or for any termination or other charges. Upon the Company's discontinuance or cancellation of service to the Customer, all applicable charges, including termination charges, become due. The remedies set forth above are in addition to all other remedies that may be available to the Company at law or in equity or under any other provision of this Guide or a Signed Contract.
18. Restrictions
18.1 976 Access. Access will not be provided to local 976 numbers.
18.2 International Callback. Service may not be used for international callback offerings using uncompleted call signaling to any country, when that country has prohibited such an offering by statute or regulatory decision.
18.3 Hoarding Prohibited. Toll-free telephone numbers may not be hoarded, marketed or sold by Customers, except as permitted by the rules and policies of the Federal Communications Commission.
18.4 No Unlawful Use. Service may not be used for: (a) an unlawful purpose; or (b) making calls that employ automatic dialing devices and terminate into electronic Information Services, pay-per-call services, or other domestic or international audiotext services.