Voice over IP​​ 

(formerly MCI ADVANTAGE SERVICE)​​ 

 

There are two versions of Voice over IP (VoIP)​​ :​​ 

 

1.         Voice over IP A LA CARTE, BUNDLED (AKA CLASSIC BUNDLED) AND SERVICE BUNDLED (not VoIP Integrated Access, Hosted IP Centrex or IP Trunking), also referred to in the Guide as “Voice over IP  – Original”, the following applies:​​ 

 

Voice over IP - Original​​ 

 

2.         VoIP IP Integrated Access, Hosted IP Centrex and IP Trunking, also referred to in the Guide as “Voice over IP Service  – Version 2006”, the following applies:​​ 

 

Voice over IP – Version 2006​​ 

 


Voice over IP – Version 2006​​ 

 

I.          SERVICE DESCRIPTION: Voice over IP [...]is a portfolio of Voice over IP [...]services (collectively "VoIP") that allows Customer to transport voice [...]and data[...] traffic originating in the United States via Internet Protocol (IP) packets over eligible domestic transport options[...].  The following VoIP [...] Service Types are available[...]:​​ 

 

1.         Service Types:​​ 

 

1.1       IP Flexible T1:  IP Flexible T1 works with existing key systems and is designed for small-sized locations requiring converged voice and data access.  VoIP IP Flexible T1 Service is available via the BUNDLED pricing model with unlimited local and domestic long distance calls.​​ 

 

1.2​​        IP Integrated Access:  IP Integrated Access​​  works with existing key systems or PBX systems and​​  is designed for small to medium sized locations requiring converged voice and data access.  [...]IP Integrated Access is available via the A LA CARTE pricing model with Tiered pricing options.​​ 

 

[...]​​ 

 

1.3​​        IP Trunking:  IP Trunking is designed for enterprise​​  ubicaciones​​  with [...]deployed IP PBX and IP phones[...] which require IP access to the Company network.  [...]​​ IP Trunking is available via the A LA CARTE pricing model with Tiered pricing options.​​ 

 

1.4​​        Hosted IP Centrex:​​   Hosted IP Centrex is designed for enterprise locations requiring all the features of a PBX or key system, except that the features and intelligence reside on the Company network.  Hosted IP Centrex is available via the A LA CARTE pricing model with Unlimited or Tiered pricing options and via the BUNDLED pricing model with Unlimited options.  Under the BUNDLED pricing model, for each Customer location, up to two T-1 lines may be utilized (each of which must be purchased as part of a separate bundle).​​ 

 

2.​​          Pricing Plans:  [...]Two pricing plans apply to VoIP Service – A LA CARTE and BUNDLED.​​  

 

2.1​​        A LA CARTE P​​ ricing Plan:​​   Under the A LA CARTE Pricing Plan, calls may originate over Customer’s domestic transport service: (a)​​  Internet Dedicated Services​​  Tiered Service at 768 kbps​​ ,​​  Price-Protected Service​​  at T1 and T3, and​​  Double/Diverse​​  Service at T3, and (b)​​  Private IP Service​​  at 384 kbps and above; [...] and may terminate over Customer’s domestic Internet Dedicated Services, Private IP Service, or through the Public Switched Telephone Network (PSTN).  Customer must subscribe to the selected transport service for A LA CARTE Pricing Plan under a separate service attachment[...], and also must obtain required Customer Premises Equipment (CPE) under a separate service attachment.​​ 

 

2.2​​        BUNDLED Pricing Plan:​​   BUNDLED Pricing is based on the bundled transport service, router option (standard or upgraded), Ethernet switch option (standard or upgraded) and the simultaneous calling capacity available with a particular VoIP Service type and selected by Customer.  In addition, Customer may order optional Bundled Internet Dedicated Shadow T1 Service (available only if Internet Dedicated Services and the upgraded router option is selected for the primary transport service) to back up Customer’s primary bundled transport service.  A monthly recurring base charge applies to each bundle at each Customer location and includes the selected bundled transport service, the applicable VoIP Service Equipment, and unlimited outbound U.S. long distance and local calling (subject to the simultaneous calling capacity selected).  Each bundle is limited to a simultaneous calling capacity that is based on the transport capacity (up to a maximum of 41 simultaneous calls on a 1.5 Mbps T1).  Similarly, the capacity of the Ethernet switch provided as a part of BUNDLED Pricing (whether standard or upgraded) is based on the simultaneous calling capacity selected.)​​ 

 

2.2.1​​     VoIP Service Equipment:  “VoIP Service Equipment,” is defined as equipment, including, but not limited to, DSL modems and routers, converters, quality of service hardware devices and Ethernet switches, which equipment is a part or component of VoIP and furnished by the Company.  Under the BUNDLED Pricing Plan, Customer may obtain optional Customer Premises Equipment (CPE) pursuant to a separate CPE Service Attachment.​​ 

 

2.2.2​​     Transport:  Internet Dedicated Services or Internet DSL Office transport services are collectively referred to herein as “BUNDLED Transport Service”, and individually as “BUNDLED Internet Dedicated Service” or “BUNDLED DSL Service” as applicable. Internet Dedicated Shadow T1 Service is by definition a back-up service, available for use only when Customer’s primary transport service is not available, and so is designed to maintain rather than increase Customer’s calling capacity.  Bundled Internet Dedicated Shadow T1 Service uses the VoIP Service Equipment included with Customer’s primary Bundled Internet Dedicated Service.  Similarly, the capacity of the Ethernet switch provided as a part of BUNDLED Pricing (whether standard or upgraded) is based on the simultaneous calling capacity selected.)​​ 

 

2.2.3​​     IP Addresses:  The BUNDLED Pricing Plan includes assignment of a suitable number of IP addresses to be used in conjunction with VoIP at Customer’s request and in accordance with the Company’s then-current assignment guidelines.​​ 

 

2.2.4    Billing Initiation:  Customer can arrange to port its numbers using LNP (Local Number Portability) at the same time VoIP service with BUNDLED pricing is made available for use, or delay LNP for up to 10 days afterwards.  Billing for VoIP service with BUNDLED pricing will begin no later than the tenth day after the VoIP service is available for use.​​ 

 

II.          DEFINITIONS:  In addition to the​​  General Definitions​​ , the following apply:​​ 

 

·​​          "Intra-enterprise Calls" [...]are calls that both originate and terminate on Customer’s eligible VoIP-enabled ports or circuits.​​ 

 

·​​          "Inter-enterprise Calls" [...]are calls that either originate or terminate outside Customer’s eligible VoIP-enabled ports or circuits.​​ 

 

·​​          "Location" is a building, or multiple buildings on a campus, with a single VoIP connection.​​ 

 

·​​          “MCI Legacy Company”​​ 

 

[...]​​ 

 

III.         FEATURES AND OTHER OPTIONS:​​ 

 

1.​​          [...]Call Type Options:​​ 

 

1.1​​        Call Types - A LA CARTE Pricing Plan:​​ 

 

1.1.1​​     On-Net Calls:  VoIP allows Customers to complete IP to IP calls that both originate and terminate on Customer’s MCI Legacy Company data network (On-Net Calls).​​ 

 

1.1.2​​     Outbound Off-Net U.S. Long Distance Calls:  VoIP offers network gateways to the Company long distance telephone network, allowing Customer to complete long distance calls that terminate off of Customer’s MCI Legacy Company data network (Off-Net Calls).​​ 

 

1.1.3​​     Outbound Off-Net Local Calls:​​ 

 

A.​​          At Customer locations that are served by a​​  MCI Legacy Company local switch, VoIP offers network gateways to the MCI Legacy Company’s local switching network, allowing Customers who select VoIP local service to complete Off-Net local calls, as determined by the Company.  Local calls from Customer locations served by a MCI Legacy Company local switch will support the “Local Service Features” set forth in Section III.3.​​ 

 

B.         Customers with locations not served by a​​  Company local switch or Customers who do not select VoIP local service may deploy a [...]Company-certified local gateway on their premises and purchase local service from a LEC, in which case local service, including local service features, will be provided via Customer’s LEC and associated local service charges will apply.  Customers may obtain CPE, including [...]Company-certified CPE, under the terms of a separate service attachment.​​ 

 

1.1.4​​     Inbound PSTN Calls:  VoIP allows users to have a North American Numbering Plan (NANP) number assigned to their phone and VoIP will allow inbound PSTN calls to be received.  Local number portability is supported.  Customers with locations not served by a MCI Legacy Company local switch or Customers who do not select VoIP’s local service must deploy a [...]Company-certified local gateway on their premises to receive inbound PSTN calls.  Customers may obtain CPE, including [...]Company-certified CPE, under the terms of a separate service attachment.​​ 

 

1.1.5​​     International Calls:  VoIP allows Customers to complete International calls to the locations set forth in Section IV.1.1.1 “U.S. VoIP -to-International.”​​ 

 

1.1.6​​     Fax:  VoIP supports fax pass-through.​​ 

 

1.2​​        Call Types - BUNDLED Pricing Plan:​​ 

 

1.2.1​​     Outbound Long Distance Calls:  VoIP offers network gateways to the Company long distance telephone network, allowing Customer to complete long distance calls that terminate off of Customer’s MCI Legacy Company data network.​​ 

 

1.2.2​​     Outbound Local Calls:  VoIP offers network gateways to the MCI Legacy Company’s local switching network, allowing Customers to complete local calls, as determined by the Company.  Local calls from Customer locations served by a MCI Legacy Company local switch will support “Local Service Features” set forth in Section III.3.​​ 

 

1.2.3​​     Inbound PSTN Calls:  VoIP allows users to have a NANP number assigned to their phone and VoIP will allow inbound PSTN calls to be received.​​ 

 

1.2.4​​     International Calls:  VoIP allows Customers to complete International calls to the locations set forth in Section IV.1.1.1 “U.S. VoIP-to-International. ​​ 

 

1.2.5​​     Fax:  VoIP supports fax pass-through.​​ 

 

2.​​          Features: VoIP offers the following features for an additional charge (additional features may be available at Company’s discretion):​​ 

 

2.1​​        Virtual Fx Service (Virtual Fx):  Virtual Fx is available with the A LA CARTE Pricing Plan only.  It allows Customer to receive inbound calls on a Direct Inward Dial (DID) number associated with a location [...]outside the local exchange area [...]for Customer’s physical location.  The Virtual Fx simultaneous calling capacity Customer selects determines the number of inbound calls Customer can receive at one time through Virtual Fx.  If Customer requires outbound VoIP services at the same physical location where a Virtual Fx-originated call may terminate, separate domestic LD-only VoIP service must be purchased from Company and, in the case of Hosted IP Centrex, such services will be offered only on a Tiered Pricing basis.  A separate charge applies for [...]DIDs.​​ 

 

2.2       Enhanced Voice-mail:​​   Enhanced Voice-mail can be retrieved via phone, web site or e-mail.​​ 

 

2.3       Remote Office:  This feature enables end users to access and use VoIP​​  from any phone that can be dialed directly (e.g., no extensions),​​ 

 

2.4       Attendant Console: The web-based Attendant Console enables an end user such as an office receptionist (an “Attendant”) to monitor any or all of the end users who are provisioned as assigned to the same location as the Attendant. The Attendant Console web screen graphically displays the monitored end users’ status (i.e., busy, idle, do not disturb), as well as certain call information (e.g., name, number, session duration).​​ 

 

2.5       Auto Attendant:  The Auto Attendant serves as an automated receptionist that answers the phone and provides a personalized message to callers with options for connecting to the operator, dialing by name or extension, or connecting to up to six extensions (e.g., 1 = Marketing, 2 = Sales, etc.).​​     

 

2.6       Accounting/Authorization Codes:   Accounting/authorization codes enable the tracking of calls made to a location outside of the caller’s location by prompting end users for a code at the time a call is made. Accounting codes are used for reporting purposes but are not validated by the network before connecting a call.  Authorization codes are validated by the network before the call is connected.​​ 

 

2.7       Battery Backup:  Battery Backup is available for purchase or rent with​​  VoIP IP Flexible T1 Service.​​  

 

2.8       Feature Profiles​​ 

 

2.8.1    Trunking Feature Profile:  IP Flexible T1, IP Integrated Access, IP Trunking provide one feature profile per simultaneous call.​​ 

 

2.8.2    Hosted IP Centrex Feature Profile: A Hosted IP Centrex feature profile is the user name and password a subscriber is given to access the Company Customer Center so Customer can personalize features.  Customers are provided one feature profile for each simultaneous call unit.​​ 

 

3.​​          Local Service Features: VoIP including Local service is supported by the following:​​ 

 

3.1​​        Caller Name Display:  CNAM is the display of the calling party name (CNAM) following the calling party number (CPN) on a called party's Caller ID display box.  CNAM is only available if CPN Delivery is enabled.  This feature allows a calling name to be defined that will be associated with the CPN.​​ 

 

3.2​​        Operator Services:  Customer may obtain the assistance of a local operator to complete local exchange telephone calls in the following manner.  In addition to the monthly recurring charge for VoIP, the surcharges identified in the Section IV.6, “Local Operator Assistance Rates and Charges” apply to the following operator services:​​ 

        

3.2.1​​     Busy Line Verification and Busy Line Interrupt:  Busy Line Verification and Busy Line Interrupt services, which are furnished where and to the extent that facilities permit, provide Customer with the following options:​​ 

 

A.​​          Busy Line Verification:  Upon request of the calling party, the operator will verify that a line is busy.  A per-call charge applies.​​ 

 

B.​​          Busy Line Interrupt:  The operator will interrupt the call on the called line to ascertain willingness to establish a conversation with an alternate party only if the calling party indicates an emergency and requests interruption.  A per-call charge applies.​​ 

 

3.2.2​​     Person-to-Person Call:  A service where the person originating the call specifies to the operator a particular person to be reached.  Person to person can be billed to a calling card, billed to a third number or billed collect.​​ 

 

3.2.3​​     Third Number Billing Call:  A service that provides Customer with the capability to charge a call to a third party number which is different from the called or calling party number.  The party answering at the third party number has the option to refuse acceptance of the charges in advance or when queried by the operator.  A per-call charge applies.​​ 

 

3.2.4​​     Collect:  A service that provides Customer with the capability to charge a call to the called party.  Upon the operator’s announcement of a collect call, the called party has the option to refuse acceptance of charges in advance or when queried by the announcement.  A per-call charge applies.​​ 

 

3.2.5​​     Station-to-Station:  A service that allows calls to be completed with the assistance of an operator to a particular station.  The call may be billed to the called party.  A per-call charge applies.​​ 

 

3.3​​        Directory Assistance:  Customer may obtain Directory Assistance in determining telephone numbers by calling the Directory Assistance operator.  Customer may request a maximum of two listings per call.​​ 

 

3.4​​        Directory Listings:​​ 

 

3.4.1​​     Options/Types:  The Company provides for a single directory listing (Primary Listing) in the telephone directory published by the dominant exchange service provider in Customer’s exchange area of the station number, which is designated as Customer’s main billing number.  Directory listings of additional Customer station numbers, other than Customer’s main billing number, associated with Customer’s service will be provided for a monthly recurring charge per listing.  The following Directory Listing options/types are available:​​ 

 

A.​​          Primary Listing:  A Primary listing contains the name of Customer, or the name under which a business is regularly conducted, as well as the address and telephone number of Customer.  The listing is provided at no additional charge.​​ 

 

B.​​          Additional Listings:  In connection with business service, additional listings are available only in the names of authorized Users of Customer’s service.​​ 

 

C.​​         Non-published Listings:  A non-published listing is a listing that is not printed in directories and is not available from directory assistance.  Non-published listings will be furnished, at Customer’s request providing for the omission or deletion of the Customer’s telephone listing from the telephone directory and, in addition, Customer’s telephone listing will be omitted or deleted from the directory assistance records.​​  

 

D.​​         Non-listed Numbers:  A non-listed number will be furnished at Customer’s request, providing for the omission or deletion of Customer’s listing from the telephone directory.  Such listings will be carried in directory assistance and other records and will be given to any calling party.​​  

 

E.​​          Foreign Listings:  Where available, a listing in the phone directory which is not in Customer’s immediate calling area.​​  

 

F.​​          Alternate Call Listings:  Where available, a listing that references a telephone number which is not the primary listing for Customer.  Customer must provide written verification that the alternate telephone number is authorized to accept calls.​​ 

 

3.4.2​​     Directory Listings - Terms and Conditions:​​ 

 

A.​​          The Company reserves the right to limit the length of any listing in the directory by the use of the abbreviations when, in its judgment, the clearness of the listing or the identification of Customer is not impaired thereby.  Where more than one line is required to properly list Customer, no additional charge is made.​​ 

 

B.​​          The Company may refuse a listing which is known not to constitute a legally authorized or adopted name, obscenities in the name, or any listing which, in the opinion of the Company, is likely to mislead or deceive calling persons as to the identity of the listed party, or is a contrived name used for advertising purposes or to secure a preferential position in the directory or is more elaborate than is reasonably necessary to identify the listed party.​​ 

 

C.​​         Each listing must be designated Government or Business to be placed in the appropriate section of the directory.  In order to aid the user of the directory, and to avoid misleading or deceiving the calling party as to the identity of the listed party, only business listings may be placed in the Business Section and only residential listings in the Residential section.​​ 

 

D.​​         The Company, upon notification to Customer, will withdraw any listing, which is found to be in violation of its rules with respect thereto.​​ 

 

E.​​          In order for the listings to appear in an upcoming directory, Customer must furnish the listing to the Company in time to meet the directory publishing schedule.​​ 

 

3.5​​        Local Number Portability (LNP):  LNP gives Customer the ability to switch local service providers (LSPs) while keeping the same phone number.​​ 

 

3.6​​        Service Area Codes (SACs):  SACs are non-geographic numbering plan areas (NPAs) such as 500 and 700.  SACs are supported with VoIP local service.​​ 

 

3.7​​        900/976 Blocking:  900 and 976 numbers will be blocked.​​ 

 

4.​​          Compression: VoIP supports the following compression algorithms:​​ 

 

            G. 711 Codec Support:​​   Uncompressed voice; and,​​ 

 

G.729a Codec Support:  Compressed voice using the G.729a codec [...]is available with IP Integrated Access, [...] Hosted IP Centrex, and IP Trunking only, and only if Customer's CPE also supports that algorithm.​​ 

 

5.​​          Call Management:  VoIP provides the following call management features for Customers that choose the network-based features:​​ 

 

5.1​​        Call Reporting Details via a Company web site (Verizon Customer Center or VCC), which is currently on the following URL: http://customercenter.verizonbusiness.com/.​​ 

 

5.2​​        Administrative Site Management via the VCC:  VoIP provides administrator accounts on a central web site.​​ 

 

5.3​​        User Self Provisioning & Management via the MCC:  VoIP Hosted IP Centrex service provides web access for users to set up their [...]accounts and administer features and calling treatments.​​ 

 

6.​​          Emergency Calling Services for VoIP:  Enhanced 911 service (E-911) for VoIP enables [...]VoIP users to access an appropriate public safety answering point (PSAP) by dialing 911 with Automatic Number Identification (hereinafter referred to as “ANI”) and Automatic Location Identification (ALI) displayed at the PSAP (public safety answering point).  The ANI may be the calling party number (CPN) or the billing telephone number (BTN) depending on Customer’s configuration.  The ability to access an appropriate PSAP depends on the type, configuration and location of the phone used.  Company provides E-911 only in locations where such 911 calling is available and only under the limited circumstances described below (Emergency 911 Service).  Furthermore, much like access to 911 emergency service via traditional PSTN local service, access to a PSAP will be unavailable if Customer’s access circuit or local gateway fails.  In particular, Customer understands that Emergency 911 Service is not accessible using a Mobile SIP phone (as explained further below and in the “Conditions of Providing Emergency 911 Service” and “Disclaimer of Certain Damages with Respect to Emergency 911 Service” headings within the Terms and Conditions Section of the Guide).   ​​ 

 

emergency calling services ARE SUBJECT TO THE LIMITATIONS AND RESTRICTIONS SET FORTH Under THE “conditions of providing emergency 911 service” and “DISCLAIMER OF CERTAIN DAMAGES WITH RESPECT TO EMERGENCY 911 SERVICE” headings WITHIN the Terms and Conditions section of THE GUIDE.​​ 

 

7.​​          Managed Implementation  - A LA CARTE Pricing Plan:  The Company will provide the following implementation services for Customers subscribing under the A LA CARTE Pricing Plan. ​​ 

 

7.1​​        Customer Network Design:  The Company will provide a Customer Design Document based on a written Statement of Requirements (SOR) agreed to by Customer.  Customer Design Document will describe the “Customer’s Network,” including:​​ 

 

·​​           Network Physical & Logical Topology​​ 

·​​           Hardware & Software Configuration Details​​ 

·​​           Route Discovery Protocols (if applicable)​​ 

·​​           Application-specific Protocols​​ 

·​​           Redundancy Features (if applicable)​​ 

·​​           IP Addressing Scheme​​ 

 

The Company will activate Customer’s Network in conformance with Customer Design Document.  The Company will provide additional design consultation for subsequent network changes not described or included in the network information document -- such as an increase to the number of routers in Customer’s Network or the addition of an application-specific protocol -- at an additional charge to Customer.  The Company will provide such additional design and consulting services on a per-project basis in accordance with a separate Statement of Work (SOW) that contains appropriate terms, conditions, rates, and charges agreed upon by the parties.​​ 

 

7.2​​        VoIP Implementation and Activation:  The Company will implement and activate Customer’s Network based on the SOR. Under guidance from Customer, the Company, its agents and subcontractors will complete the physical and logical activation of the routers into the Company VoIP network.  During implementation, the Company may request that Customer provide temporary out of band access to Customer’s router for trouble shooting or configuration purposes.   Should temporary out of band access not be provided to the Company, the Company may work with Customer via e-mail or the telephone for trouble shooting or configuration purposes.  Should temporary out of band access not be provided to the Company and work cannot be accomplished via e-mail or the telephone, then Customer will be required to call on their equipment vendor to work with the Company or an on-site Company technician can be provided to Customer at an additional charge.​​ 

 

7.2.1​​     The Company will project manage and conduct the following activities prior to turn-up of Customer’s VoIP service:​​ 

           

·​​          Coordinate site surveys​​ 

·​​          Coordinate and schedule dispatch, installation, and turn up of circuits and CPE​​ 

·​​          Test access circuits/DSU/CSU​​ 

·​​          Enable data ports​​ 

·​​          Ping Customer router at time of activation​​ 

 

7.2.2​​     The Company will conduct the following activities upon turn-up of Customer’s VoIP service:​​ 

 

·​​          Review Customer Design Document​​ 

·​​          Provide VoIP-specific router configurations that meet the requirements of Customer Design Document​​ 

·​​          Integrate router into production network​​ 

·​​          Tune post-implementation router configuration for up to 10 days following activation​​ 

·​​          If Customer has Hosted IP Centrex service, verify​​  operation of VoIP network to include operation of SIP Phones​​ 

 

7.2.3​​     Assist in activation of Enterprise Gateway Port​​ 

 

7.3​​        Voice Quality Evaluation / Benchmark Testing:  Prior to presenting VoIP service to Customer for acceptance, the Company will perform a voice quality test of Customer's application with the intention of benchmarking Customer's voice quality.  This test is designed to detect potentially troublesome combinations of round trip latency, loss, and jitter that can ultimately impact voice quality.  The test consists of a continuous 10 ms stream of time-stamped sequenced data (pings) conducted in the presence of Customer's data traffic to ensure that voice and data traffic coexist with acceptable voice quality.  Following satisfactory results of the voice quality test, the Company will proceed with the handoff of the VoIP service to Customer for management, as described in Section V.9.4 below.​​ 

 

Should the Company deem the results of the voice quality test unsatisfactory, the application will be analyzed for possible changes within the Company network and/or recommendations for changes within Customer Network. Customer will be given a reasonable amount of time to make any recommended changes within Customer Network.  The handoff of the VoIP Service to Customer will not occur until the test is deemed a "Pass" by the Company.  Should voice quality not improve to the Company’s satisfaction upon utilizing the standard methods of improvements within the Company network and/or application of the recommended changes within Customer's network, the Company reserves the right to withdraw the VoIP Service.  If Customer refuses to make the recommended changes within its network and voice quality is deemed unsatisfactory, the Company reserves the right to withdraw the VoIP Service and Customer will remain responsible for any charges associated with the acquisition of equipment for use with VoIP Service pursuant to the terms of the relevant service attachment for the acquisition of the equipment.​​ 

 

7.4​​        Customer Acceptance of VoIP Network Implemented by the Company:  After completion of the implementation of Customer’s network and the voice quality testing, the Company will provide notice to Customer that all implementation activities have been completed and will conduct a formal hand-off call with Customer and appropriate Company organizations to review Customer Network Design and Trouble Management procedures. The Company will provide Customer a written document containing all information relative to Customer’s network design at the time implementation was completed and VoIP was handed-off to Customer for on-going maintenance and management.  Customer will provide the Company with notice within 72 hours if Customer believes the Company has not completed all implementation activities in accordance with the network information document or an SOW as described above.  If Customer does not provide such notice, the implementation activities will be deemed to be accepted by Customer.  Upon Customer’s acceptance of the implementation of VoIP service, any maintenance or management of Customer’s network is the sole responsibility of Customer.​​ 

 

7.5​​        Post-Implementation Trouble Management: Upon Customer’s acceptance of the implementation of VoIP service, Customer will be fully responsible for any maintenance and management of Customer’s network.  Customer may enter into separate service attachments with the Company for such services.  Should Customer require Company assistance in post-implementation trouble management, the Company is limited to assisting with the following activities, pursuant to Customer’s Agreement, as supplemented by the respective section of this Guide:​​ 

 

7.5.1​​     Clear any troubles within the Company network up to the point of demarcation between Customer site and the Company network.  In order to clear troubles up to the point of demarcation, the Company may request Customer make available to the Company the router vendor or a qualified Customer employee for the purpose of trace route testing.  Should Customer have ISDN PRI Service from the Company to interoperate with their VoIP service, the vendor or a qualified Customer employee who has technical expertise to include knowledge of ISDN D channels, ISDN layers 1, 2 and 3, ISDN circuit configurations on Customer’s Gateway Router and advanced telephony principals must be provided.​​ 

 

7.5.2​​     Provide Customer with additional copies of the original router configuration at the time implementation was completed and VoIP handed off to Customer for on-going maintenance and management.  In this scenario, the Company may request that Customer provide temporary out of band access to Customer’s router for the purposes of trouble shooting and/or restoring router configuration to its original state at the time implementation was completed and VoIP was handed-off to Customer for on-going maintenance and management.  Should temporary out of band access not be provided to the Company, the Company may work with Customer via e-mail or the telephone for trouble shooting or configuration purposes.   Should temporary out of band access not be provided to the Company and work cannot be accomplished via e-mail or the telephone, then Customer will be required to call on their equipment vendor to work with the Company or an on-site Company technician can be provided to Customer at an additional charge.​​ 

 

IV.        RATES AND CHARGES:  The following rates and charges apply:​​ 

 

Rates and charges​​ 

 

V.         TERMS AND CONDITIONS​​ 

 

1.         BUNDLED Pricing Plan – Additional Terms and Conditions:​​ 

 

1.1       Maintenance Interruptions/Internet DSL Transport:  Company may interrupt BUNDLED Internet DSL or Internet Dedicated Services for scheduled or emergency maintenance or as otherwise set forth in the Agreement.  Internet DSL local loop connections between Customer’s location and Company will be arranged by Company, and are provided through a local exchange carrier.  Customer authorizes Company to act as its agent with respect to the ordering, installing, monitoring, testing, repairing, and performing all related activities regarding the local exchange carrier and the Internet DSL local loop connection.  Internet DSL may be unavailable in any particular location, even after being ordered.  Service availability and speed level cannot be determined until a technician visits the site and performs installation tests.  If Internet DSL is not available (either entirely or at the speed level ordered) after being ordered, the order will be deemed canceled.  If Internet DSL is available at a lower speed level, customer may reorder the service at the new speed level.  Once in service, Internet DSL may be interrupted as a result of various circumstances, including those involving the local exchange carrier, over which Company may have limited control. In particular, the resolution of a local loop interruption may be delayed if local exchange carrier support is not available or effective.​​ 

 

1.2       Internet DSL Local Loop Connection:  Internet DSL local loop connections between Customer’s location and Company will be arranged by Company, and are provided through a local exchange carrier.  Customer authorizes Company to act as its agent with respect to the ordering, installing, monitoring, testing, repairing, and performing all related activities regarding the local exchange carrier and the Internet DSL local loop connection.​​  

 

1.3       Conflicts:  To the extent the terms and conditions set forth above conflict with those of Internet DSL Office, the above terms take precedence over the terms and conditions of Internet DSL Office.​​ 

 

2.         IP Flexible T1 Service Restrictions:​​ 

 

·​​          For each Customer location, up to two T-1 lines may be utilized (each of which must be purchased as part of a separate bundle).​​ 

·​​          Customer may not utilize auto-dialers or any similar type of device in connection with IP Flexible T1 VoIP Service.​​ 

·​​          Customer may not utilize IP Flexible T1 VoIP Service in any call center environment or in connection with any similar such application.​​ 

·​​          Customer may not use IP Flexible T1 VoIP Service for telemarketing, fax broadcasting, fax blasting, or continuous or extensive call forwarding.​​ 

·​​          Customer may not aggregate traffic from multiple sites into a single site configured with IP Flexible T1 VoIP Service.​​ 

 

3.         Hosted IP Centrex Service Restrictions:  Customer understands that use of Hosted IP Centrex VoIP Service is restricted in the following manner:​​ 

 

·​​          Customer may not utilize VoIP Service in any call center environment or in connection with any similar such application.​​ 

·​​          Customer may not use VoIP Service for telemarketing, fax broadcasting, fax blasting, or continuous or extensive call forwarding.​​ 

·​​          Customer may not aggregate traffic from multiple sites into a single site configured with Hosted IP Centrex VoIP Service.​​ 

·​​          Customer’s design may not be configured with more than 8:1 oversubscription, i.e., no more than eight DIDs per simultaneous call.​​ 

·​​          Customer may not utilize continuous or extensive call forwarding.​​ 

·​​          Customer may not utilize auto-dialers or any similar type of device in connection with VoIP service.​​ 

 

4.​​          [...]Emergency 911 Service​​ :​​  

 

4.1​​        Customer Responsibilities:​​   Customer is responsible for complying with all applicable emergency calling service laws.  The ability to access an appropriate PSAP with VoIP depends on the type, configuration and location of the phone used. Customer has the option of using TWO different “types” of phones (a) a SIP phone provisioned and used in a fixed, identified location (Fixed SIP phone), AND (b) a traditional non-SIP phone provisioned and used in a fixed, identified location.​​  

 

As of November 28, 2005, all SIP Phones originally provisioned as a “mobile” phone ( i.e., capable of being used in more than one location) will be DEEMED A “fixed” Phone.  Customers must follow the procedures for registering a new location prior to moving a fixed sip phone.​​ 

 

[...]​​ If Customer requires DELIVERY of location-specific ALI (such as floor and room number within a building) to the PSAP for TDM KSU systems, TDM PBX/KSU systems, IP PBX/KSU systems, or otherwise desires E-911 service to be provided for multiple user configurations, Customer must implement Private Switch/Automatic Location Identification (PS/ALI) which allows Customer to build and maintain the 911 records for the telephone numbers associated with a btn (billing telephone number) or calling party number (“CPN”) depending on customer’s configuration.  Customer may obtain the software and support that enable PS/ALI from a third-party provider.  In all cases, VoIP Service can only support the delivery of the caller’s station level phone number to a PSAP when such telephone numbers are ported to company during the initial provisioning process or are numbers assigned by company.   Before company will support Customer’s use of PS/ALI, Customer must execute company’s Letter of authorization.  Once PS/ALI is implemented, company will continue to send 911 calls to the PSAP; however, Customer and not company will be entirely responsible for the content of the information delivered in ALI to the PSAP.​​ 

 

Furthermore, much like access to Emergency 911 Service via traditional PSTN local service, access to a PSAP will be unavailable if Customer’s access circuits or local gateway fails.​​  

 

[...]CUSTOMER WILL NOTIFY ALL OF ITS END USERS OF VOIP SERVICE OF THE INTERACTION AND/OR LIMITATIONS OF E-911 WITH VOIP SERVICE, INCLUDING BUT NOT LIMITED TO,​​  tHat 911 access to an appropriate PSAP is not available using a Mobile SIP phone and that 911 access to a PSAP is limited as described in [...]​​ THESE TERMS AND CONDITIONS​​  when​​  any type of phone [...]​​ IS USED.  CUSTOMER ALSO WILL NOTIFY ALL SUCH END-USERS WHAT PROCEDURES THEY MUST FOLLOW FOR REGISTERING A NEW LOCATION PRIOR TO MOVING AN IP PHONE AS DESCRIBED IN THE FOLLOWING SECTIONS.​​ .​​ 

 

[...]​​ 

 

4.2​​        Fixed SIP Phones (​​ including those reconfigured from Mobile to Fixed SIP phones pursuant to the preceding paragraph)​​ :​​   When 911 is dialed on a Fixed SIP phone, the call will be routed to the appropriate PSAP based on​​  the primary service address of the calling ANI (“Automatic Number Identification” – may be the calling party number (“CPN”) or the billing telephone number (“BTN”) depending on Customer’s configuration)​​ .  If moved to a new fixed location,​​  CUSTOMER MUST REPORT THE CHANGE OF LOCATION TO THE COMPANY, AND THE​​  Fixed SIP phone may need to be reconfigured in order for a 911 call to be routed to the appropriate PSAP.​​ 

 

4.3​​        Traditional Non-SIP Phones (Standard Phones):  When 911 is dialed on a traditional, non-SIP (i.e., standard) phone used with VoIP, the call will be routed to the appropriate PSAP based on the billing telephone number assigned to the phone.​​ 

 

4.4       Long Distance Service/Limitations on E-911:  Long Distance Voice Service does not provide E-911 access.  Thus, to ensure proper E-911 access and support, Customer must obtain separate Local service when only Long Distance Voice Service is ordered from Company (an option with IP Integrated Access, Hosted IP Centrex, and IP Trunking).​​ 

 

4.5       E-911 Calling Limitations – IP Flexible T1.  E-911 provided via IP Flexible T1 will pass ANI and the registered primary service address of that ANI as ALI.  If Customer requires location-specific ALI (such as floor and room number within a building) delivery to the PSAP for TDM KSU systems, Customer must implement Private Switch/Automatic Location Identification (PS/ALI).  Customer may obtain the software and support that enable PS/ALI from a third-party provider.  In all cases, VoIP Service can only support the delivery of the caller’s station level phone number to a PSAP when such telephone numbers are ported to Company during the initial provisioning process or are numbers assigned by Company.​​ 

 

4.6       E-911 Calling Limitations – IP Integrated Access​​  

 

4.6.1    E-911 provided via IP Integrated Access will pass ANI and the registered primary service address of that ANI as ALI.  If VoIP Service is provided to a campus environment where all buildings have the same service address and rate center using a TDM PBX/KSU, then Customer acknowledges and agrees that when 911 is dialed, the call will be routed to the appropriate PSAP based on the primary service address of the calling ANI.​​ 

 

4.6.2    If Customer purchases VoIP Service in a single-site tenant or hotel configuration with a TDM PBX/KSU, it is responsible for complying with all applicable emergency 911 laws.  The latter may include state or local laws that require it (as owner of the TDM PBX) to implement PS/ALI to ensure required E-911 support for multiple user configurations to enable station level 911 ANI and ALI display.​​ 

 

4.6.3    If Customer purchases VoIP Service in a geographically-distributed multi-site environment using a TDM PBX or Key System, then only Long Distance Voice Service will be available and Customer will be responsible for obtaining separate Local service.​​  

 

4.7       E-911 Calling Limitations – IP Trunking​​ 

 

4.7.1    E-911 provided via IP Trunking will pass ANI and the registered primary service address of that ANI as ALI.  If VoIP Service is provided to a campus environment where all buildings have the same service address and rate center using a IP PBX/KSU, then Customer acknowledges and agrees that when 911 is dialed, the call will be routed to the appropriate PSAP based on the primary service address of the calling ANI.​​ 

 

4.7.2    If Customer purchases VoIP Service in a single-site tenant or hotel configuration with a IP PBX/KSU, it is responsible for complying with all applicable emergency 911 laws.  The latter may include state or local laws that require it (as owner of the IP PBX) to implement PS/ALI to ensure required E-911 support for multiple user configurations to enable station level 911 ANI and ALI display.​​ 

 

4.7.3    If Customer purchases VoIP Service in a geographically-distributed multi-site environment using an IP PBX, then only Long Distance Voice Service will be available and Customer will be responsible for obtaining separate Local service.​​ 

           

4.8       E-911 Calling Limitations – Hosted IP Centrex​​ 

 

4.8.1    E-911 provided via Hosted IP Centrex will pass ANI and the registered primary service address of that ANI as ALI.  If VoIP Service is provided to a campus environment where all buildings have the same service address and rate center, then Customer acknowledges and agrees that when 911 is dialed, the call will be routed to the appropriate PSAP based on the primary service address of the calling ANI.​​ 

 

4.8.2    If Customer’s VoIP Service is deployed in a single-site tenant or hotel configuration, Customer is responsible for complying with all applicable emergency 911 laws.  The latter may include state or local laws that require Customer to implement PS/ALI to ensure required E-911 support for multiple user configurations to enable station level 911 ANI and ALI display.​​ 

 

4.8.3    If Customer purchases VoIP Service in a geographically-distributed multi-site environment, then only Long Distance Voice Service will be available and Customer will be responsible for obtaining separate Local service.​​ 

 

4.9       E-911 Limitations on Mobility – Hosted IP Centrex​​ 

                          

4.9.1    Reporting Location Changes.  When 911 is dialed on an IP phone used with VoIP Service, the call is routed to the appropriate PSAP based on the primary service address of the ANI for the customer’s configuration.  Therefore, if moved to a new location, Customer must report the change of location and the phone may need to be reconfigured in order for an E-911 call to be routed to the appropriate PSAP.  If Customer moves an IP phone without reporting the change of location or moves an IP phone outside Company’s E-911 service area, VoIP Service may be suspended until Customer informs Company of the change or moves the IP phone back within Company’s E-911 service area.​​ 

 

4.9.2    Change in Registered Location.  Any of Customer’s end users who want to use a VoIP Service-enabled IP phone other than at its current registered location, must call Company’s Customer Service Center at the telephone number noted in the contract in order to process a Move/Change service order to be re-registered for the new location.  These procedures may require a change in the end user’s telephone number.  Moving an IP phone may cause the phone’s IP address to change.  Turning the power to a phone off and then back on, or unplugging it and then plugging it back in may also cause the IP address to change.  A change in an IP phone’s IP address indicates to Company that the phone may have been moved.  Company may, but is not obligated to, monitor the IP phone’s IP address.  If Company detects that an IP phone’s IP address has changed, and Company is unable to confirm that the IP phone has not been moved, Company will conclude the phone has been moved and will suspend VoIP Service to that phone.  VoIP Service will remain suspended to that phone until Customer has confirmed to Company that the IP phone is at its registered location, or until a new fixed location within Company’s coverage area has been registered for the location to which that end user’s phone has been moved.  End users with suspended VoIP Service will only be able to call Company’s Customer Service Center or make outbound 911 calls; however the call will be routed to the emergency service provider associated with the registered location.​​ 

 

4.10     Other Access Limitations.  Common events that can limit access to E-911 include but are not limited to:​​ 

 

·​​           Loss of Electric Service​​ .  VoIP Service will be interrupted if there is a loss of electric service.  Customers are urged to implement a battery backup system for VoIP Service.​​ 

 

·​​           Loss of Broadband Service​​ .  VoIP Service will be interrupted if the attendant broadband connection is not available.​​ 

 

·​​           Failure of Equipment​​ .  The malfunction or failure of equipment, software or hardware necessary for end-to-end Internet functionality (e.g., routers, IP phones, analog gateways, etc.) can limit access to E-911.​​ 

 

·​​           Failure to Register New Location of Equipment​​ .  Currently, Company is not able to provide E-911 except at the user’s registered primary service location.  If a VoIP phone is to be used at a location other than the user’s registered primary service location, E-911 will not be available.​​  

 

·​​           Non-Recognition of Phone Number​​ .  If an end-user uses a non-native telephone number (i.e., a telephone number from a local exchange area different from where the caller is located), E-911 access may be limited.​​ 

 

4.11     Corrupt ANI and Emergency Call Trace Limitations.  If the ANI delivered to Company in the 911 call setup message is not recognized and therefore considered “corrupt,” the call will be automatically routed by Company to an Emergency Call Relay Center (ECRC).  Such a call will be answered by operators who will relay the call to the appropriate emergency service provider based on the information, such as current location and necessary emergency service, that caller is able to verbally communicate.  If the caller is unable to communicate current location, call trace procedures will be implemented.  Call trace capabilities may be limited.​​ 

 

4.12​​      Disclaimer of Certain Damages With Respect To Emergency 911 Service:  E-911 SERVICE IS OFFERED SOLELY AS AN AID IN CONTACTING AN APPROPRIATE PSAP IN CONNECTION WITH FIRE, POLICE AND OTHER EMERGENCIES. COMPANY IS NOT RESPONSIBLE FOR ANY LOSSES, CLAIMS, DEMANDS, SUITS OR ANY LIABILITY WHATSOEVER (“LOSSES”), INCLUDING WITHOUT LIMITATION (I) LOSSES TO OR RELATING TO CUSTOMER OR A THIRD PARTY, (II) LOSSES FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE OR LOSS, (III) LOSSES CLAIMED TO HAVE BEEN CAUSED BY (A) MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR OTHER DEFECTS IN THE PROVISION OF E-911, OR (B) INSTALLATION, OPERATION, FAILURE TO OPERATE, MAINTENANCE, REMOVAL, PRESENCE, CONDITION, LOCATION OR USE OF ANY EQUIPMENT AND FACILITIES FURNISHING VOIP SERVICE.​​ 

                 

[...]COMPANY ALSO IS NOT RESPONSIBLE FOR ANY INFRINGEMENT OR INVASION OF THE RIGHT OF PRIVACY OF ANY PERSON OR PERSONS, CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INSTALLATION, OPERATION, FAILURE TO OPERATE, MAINTENANCE, REMOVAL, PRESENCE, CONDITION, OCCASION OR USE OF EMERGENCY 911 SERVICE AND THE EQUIPMENT ASSOCIATED THEREWITH, OR BY ANY SERVICES FURNISHED BY THE COMPANY INCLUDING, BUT NOT LIMITED TO, THE IDENTIFICATION OF THE TELEPHONE NUMBER, ADDRESS OR NAME ASSOCIATED WITH THE PHONE USED BY THE PARTY OR PARTIES ACCESSING EMERGENCY 911 SERVICE, AND WHICH ARISE OUT OF THE NEGLIGENCE OR OTHER WRONGFUL ACT OF THE COMPANY, CUSTOMER, ITS USERS, AGENCIES OR MUNICIPALITIES, OR THE EMPLOYEES OR AGENTS OF ANY ONE OF THEM.​​ 

 

4.13     Indemnity:​​   CUSTOMER WILL INDEMNIFY, DEFEND, AND HOLD COMPANY HARMLESS FROM ANY CLAIMS OR CAUSES OF ACTION ARISING FROM THE NON-IMPLEMENTATION OF PS/ALI AND/OR ENABLING OF STATION LEVEL 911 SERVICE, OR THE FAILURE OF PS/ALI OR STATION LEVEL 911 SERVICE IF ENABLED.​​ 

 

5.​​          Service Availability/Disclaimer for VoIP under the BUNDLED Pricing Plan​​ :​​ 

 

5.1​​        Service Availability​​ :​​  Customer’s eligibility for VoIP is contingent upon receiving satisfactory results of​​  a site survey​​  conducted by the Company.  In addition, to receive VoIP, Customer’s Local Area Network (LAN) environment must be 10 to 100 MB switched Ethernet;​​  LAN ports used for voice must be set to full-duplex;​​  Customer’s LAN and/or Wide Area Network (WAN) must have adequate bandwidth, ports and access circuits, to support the minimum amount of concurrent voice and data traffic ordered by Customer; measurements of Customer’s WAN must indicate that the latency between calling sites does not exceed the maximum Company requirements; and Customer’s voice traffic must be given priority over Customer’s data traffic.  Any SIP phone, firewall and/or gateway used by Customer must be certified for use with VoIP as determined by the Company.  Internet DSL Office (without limitation) is not available at all locations, depending on the availability of appropriate DSL-enabling facilities and the condition of the facilities serving Customer’s location.​​ 

 

5.2​​        Notas legales​​ :​​  

 

5.2.1​​     VoIP relies on Customer’s​​  Domain Name Server (“DNS Server”)​​  and will not be available if Customer’s DNS Server fails.  Customer is responsible for maintaining the quality and condition of its LAN, and thus, the Company is not responsible for poor quality or outages of VoIP that result from the quality or condition of Customer’s LAN.  The Company reserves the right to reject any order for VoIP for any reason, including without limitation the inability or impracticality of providing such VoIP in a particular geographic area in which the Company does not have sufficient presence, capacity, corporate infrastructure or network technical infrastructure to effectively support the requested VoIP.​​ 

 

5.2.2​​     In addition to satisfying the general VoIP availability conditions set forth above, the BUNDLED Pricing Plan is subject to the following availability conditions:  Customer’s site must be in a geographical area in the United States where the BUNDLED Pricing Plan is available; all conditions associated with the applicable Internet Dedicated Services must be satisfied.​​ 

 

5.2.3​​     The following disclaimers apply to the BUNDLED Pricing Plan in addition to those general disclaimers set forth above:  Customer understands that use of VoIP under the BUNDLED Pricing Plan is restricted in the following manner: (i) For each Customer location, up to two (2) T-1 lines may be utilized (each of which must be purchased as part of a separate bundle); (ii) At any given time, Customer may only place as many concurrent calls as it has purchased simultaneous calling capacity; (iii) Customer may not modify the Company installed design and/or configuration without the previous written consent of the Company; (iv) Customer may not utilize auto-dialers or any similar type of device in connection with VoIP; (v) Customer may not utilize VoIP in any call center environment or in connection with any similar such application; and (vi) Customer may not use VoIP for telemarketing, fax broadcasting, fax blasting, or continuous or extensive call forwarding.  CUSTOMER EXPRESSLY ACKNOWLEDGES THAT ANY VIOLATION OF THE FOREGOING RESTRICTIONS ON ITS USE OF THE SERVICE WILL RESULT IN THE IMMEDIATE TERMINATION OF THE SERVICE BY THE COMPANY.  The Company will install VoIP ordered with the BUNDLED Pricing Plan from the point of the LEC’s smart-jack to Customer’s premises.​​ 

 

6.​​          VoIP Service Equipment​​ 

 

6.1​​        Provision of VoIP Service Equipment:  Customer understands that the Company may be situating certain VoIP Service Equipment on Customer’s premises, which equipment is a part or component of VoIP and is furnished by the Company.  Title to VoIP Service Equipment will never pass to Customer.  Customer shall (a) maintain VoIP Service Equipment and any associated software, systems, cabling and facilities in accordance with the reasonable instructions of the Company as may be given from time to time; (b) not modify, relocate, or in any way interfere with VoIP Service Equipment unless expressly authorized by a representative of the Company to do so; and (c) not cause VoIP Service Equipment to be repaired, serviced, or otherwise accessed except by an authorized representative of the Company.  In addition, Customer shall furnish such electrical power in the form of a 120V outlet, including backup power, and such other amenities as are required in order to accommodate the service and in order for VoIP Service Equipment to function as intended.  Customer, upon reasonable request or notice, shall also allow the Company representatives to enter onto Customer premises or locations at which service is being provided in order to repair or maintain the service, including VoIP Service Equipment, or in order to remove VoIP Service Equipment.  Failure of Customer to permit such entry will discharge the Company from its service obligation.  Upon termination of Service or expiration of any Company Agreement, Customer will return VoIP Service Equipment to the Company at the Company’s expense in a manner determined by the Company.​​ 

 

6.2​​        Maintenance of VoIP Service Equipment:  With respect to the VoIP Service Equipment only, the Company will provide the following maintenance services (“Maintenance Services”):​​ 

 

·​​          use commercially reasonable efforts to isolate any problems with the VoIP Service Equipment that reside on Customer’s site and send a technician to Customer site if necessary; and,​​ 

 

·​​          if the Company, in its sole discretion, determines that any VoIP Service Equipment that resides on Customer’s premise needs to be replaced, such equipment will be replaced with equipment in good working order and of like kind and functionality from a manufacturer of the Company’s choice at the time of replacement (“Exchange Equipment”).​​  

 

Maintenance Services shall only apply to problems arising out of the normal use of VoIP Service Equipment and shall not apply if VoIP Service Equipment is damaged as a result of the negligence or willful misconduct of Customer.  If repair and/or replacement is required because of damage caused by Customer’s negligence or willful misconduct, Maintenance Charges will apply.​​ 

 

6.3​​        Return of VoIP Service Equipment:  Within 10 days of (a) expiration or termination of a Customer’s VoIP Service Equipment rental period (including any automatic extension thereof) or (b), if later, the expiration or cancellation of the term of service of a circuit associated with both the VoIP Service Equipment and Company-provided interexchange service, the Customer shall return the VoIP Service Equipment to the Company at the Company’s expense in good condition and repair, with Company-determined reasonable and proper depreciation excepted, addressed with a Company-provided shipping label.  The Customer shall properly pack the VoIP Service Equipment for return to the Company in accordance with standard commercial practices and the Company’s requirements.​​ 

 

Customer is liable for loss or damage to VoIP Service Equipment by any cause, including, bit not limited to, theft, mysterious disappearance, and fire.  If a Customer fails to return VoIP Service Equipment, or any portion thereof, as set forth in this section, Return Charges will apply.​​ 

 

7.​​          Customer Obligations​​ :​​ 

 

In addition to the other obligations of Customer contained within Customer’s Agreement, as supplemented by this Guide, Customer will be responsible for the following obligations:​​ 

 

7.1​​        Customer-Obtained Facilities:  Except as otherwise expressly stated herein, Customer is responsible for obtaining, installing, configuring and maintaining all equipment (including, but not limited to, SIP Phones, firewalls and Cisco gateways), software, wiring, power sources, telephone connections and/or communications services necessary for inter-connection with the Company’s network or otherwise for use in conjunction with  VoIP (Facilities).  Customer is responsible for ensuring that such Facilities are compatible with the Company’s requirements and that they continue to be compatible with subsequent revision levels of Company-provided equipment, software and services.  The Company is not responsible for the availability, capacity and/or condition of any Facilities not provided by the Company.  Customer is responsible for operation and configuration of its computer(s) and LAN/WAN.  If Customer connects any Facilities to VoIP that Customer reasonably should know may not be compatible with VoIP, Customer is solely responsible for any effects that arise from that connection on VoIP, equipment, or software of Company, Customer, or any third party, and Customer waives any claims against Company relating to the performance of VoIP.  Customer may obtain equipment necessary for use of VoIP from the Company under the terms of a separate service attachment.​​ 

 

7.2​​        Security:  Use of VoIP, like other network-based services, carries certain security risks to the systems and networks of Customer, Company and third parties including, but not limited to: misuse; unauthorized access; alterations; theft; destruction; corruption; and attacks (“Occurrences”).  Customer shall, at its own expense, take security measures including but not limited to use of firewalls, passwords, access restrictions, encryption, policies, and physical access restrictions (Security Measures) to protect from Occurrences all VoIP traffic, Facilities and other equipment, software, data and systems located on Customer’s premises or otherwise in Customer’s control and used in connection with VoIP, whether owned by Customer, the Company, or the Company’s subcontractors.​​  

 

Customer agrees that Company is not liable, in contract, tort, or on any other basis, for any loss resulting from any occurrences or use of such VoIP traffic, Facilities or other equipment, software, data and systems.  Customer is responsible for all security measures, even if Customer uses a third party or Company to configure and implement them.​​ 

 

7.4​​        Customer Sites:  Customer agrees to provide the Company and its subcontractors and their respective employees and agents access to Customer's sites where any Service is provided (including access to associated equipment) as necessary for the Company and its subcontractors to provide VoIP.​​ 

 

7.5​​        Customer must provide the Company and/or its subcontractor(s) with any and all information, which is necessary to provide VoIP.​​ 

 

7.6​​        Customer shall allow, authorize and cooperate with the Company and/or its subcontractor(s) to perform the following, whether or not on Customer’s premises, (i) a site survey and network analysis to determine whether Customer’s network and facilities will support the provision of VoIP, (ii) pre-service testing, on local service facilities, including, but not limited to, verification of features, functions, and services ordered by Customer, and (iii) any other testing involving the provision of VoIP, including, but not limited to, post-installation testing.​​ 

 

8.         Service Disclaimer.  Company is not responsible for certain conditions or equipment that may affect VoIP Service, including, without limitation:​​ 

 

·​​          Failure or poor performance of Customer’s Domain Name Server (“DNS Server”) and/or local area network ("LAN") upon which VoIP Service relies.  Network-related outages also may occur, and service restoration intervals may vary from those associated with traditional telecommunications service.​​ 

·​​          Communications from analog modems may have protocol interaction issues when used over VoIP technology (due to their handshake and error-checking rules) and cannot be assured of the same quality as other communications;​​ 

·​​          VoIP Service is provided without any warranty whatsoever with respect to modems.  Modems may not be used on VoIP Service except with Codec G.711 without silence suppression.​​  

·​​          Alarm lines (whether or not they use modems) are wholly unsupported on VoIP Service (with respect to both service and wiring, without limitation).​​  

·​​          Customer will be responsible for all inside wiring and special construction charges.​​  

 

9.         Geographic Coverage.  VoIP Service is not available in Hawaii or Alaska and may not be available in other states or regions.​​ 

 

10.       Restrictions.  Customer’s use of VoIP Service is restricted in the following manner:​​ 

 

·​​          Customer may not extend its VoIP service to locations outside the U.S. without written permission from Company.​​ 

·​​          At any given time, Customer may only place as many concurrent calls as it has purchased;​​ 

·​​          Customer may not modify the Company-installed design and/or configuration without the previous written consent of Company[...].​​ 

 

11.       Call Origination Information.  Customer acknowledges that Company classifies local and long distance calls to determine appropriate rate allocation (i.e., local or interstate).  Company bases this classification on the information in Company’s systems identifying each call’s originating location.  As accurate information regarding the origination point of calls is necessary to make the appropriate rate allocation, it is a material condition of this Service Attachment that Customer provide Company with accurate information reflecting its calls’ originating location.  Customer therefore warrants that it will, at all times use, for each telephone station, a telephone number with an NPA-NXX code (i.e., the first six digits of a 10-digit number, representing the area code and exchange) that Company has assigned to the rate center area in which that customer telephone station is located.  Customer further warrants that it will not alter the originating location of any of its calls to reflect the NPA-NXX code associated with an intermediate point or some point other than where the call originated and will, upon request from Company, provide Company with supporting information to confirm the accuracy of the originating call information from all such calls. Customer hereby indemnifies Company with respect to any third-party claims associated with Customer's failure to fulfill its obligations under this section.​​ 

 

12.​​        Service Level Agreement for VoIP:  [...]Service Level Agreements (SLAs) for VoIP[...] are set forth at http://www.verizonbusiness.com/terms. Company reserves the right to amend these SLAs from time to time, effective upon either posting of the revised SLA to that URL or providing other notice to Customer. These SLAs set forth Customer’s sole remedies for any claim relating to VoIP (including the related Internet Dedicated Services and Internet DSL Office for VoIP[...]), including any failure to meet the conditions set forth in these SLAs.  Company’s records and data are the basis for all SLA calculations and determinations.  Under these SLAs, the maximum amount of credit available to Customer in any calendar month shall not exceed the following:  (a) for the A LA CARTE Pricing Plan, either the applicable monthly site fee or monthly simultaneous calling charge plus the applicable monthly recurring fee for the related Internet Dedicated or Internet DSL Office service under the related Company service attachment or (b) for the BUNDLED Pricing Plan the monthly recurring base charge and simultaneous calling charge that, absent the credit, would have been charged for VoIP with the BUNDLED Pricing Plan, during such month.​​ 

 

13.​​        Acceptable Use:  Use of the Company network, VoIP Service Equipment, or VoIP must comply with the then-current version of the Company Acceptable Use Policy (Policy) at http://www.verizonbusiness.com/terms of the countries from which Customer uses VoIP (and in the event no Policy exists for a country, the U.S. Policy shall apply).  The applicable Policy shall be available or other URL designated by the Company.  Customer is responsible to insure that each user of VoIP adheres to the Policy.  The Company reserves the right to change the Policy from time to time, effective upon posting of the revised Policy at the URL or other notice to Customer.  The Company reserves the right to suspend or terminate VoIP effective upon notice for a violation of the Policy.​​ 

 

14.​​        Use of Facilities and Equipment:  Not withstanding anything herein to the contrary, the Company’s obligation is to furnish VoIP consisting of facilities and equipment that are exclusively of the Company’s choosing. The Company may substitute facilities or equipment used to furnish VoIP, substitute comparable service, or discontinue VoIP, at any time.​​