Cherry Capital Connection, LLC Telephone (VoIP) Guide

VoIP Residential Form

VoIP Rate Table

VoIP 911

VoIP Terms & Conditions

Incorporation

In addition to the terms of the User Agreement, this Voice Service Agreement provides additional terms specifically related to Subscriber’s Voice Service. By signing up for Voice Service, Subscriber agrees to be bound by the additional terms of this Voice Service Agreement. This Voice Service Agreement incorporates the terms and definitions contained in the User Agreement.

Description of Service

As part of the Voice Services, Subscriber will be provided with a basic dial tone service and those other services and features described at http://www.cherrycapitalconnection.com. The use or availability of certain premium services and features may require Subscriber to pay additional fees, as described on the Voice Service Page. Cherry Capital Connection, LLC may update the Voice Service Page from time to time, and it is Subscriber’s responsibility to check the page periodically for changes. If Subscriber has subscribed to Cherry Capital Connection, LLC’s residential services, the Voice Service and any devices are provided to Subscriber as a residential user for personal, residential, non-business and non-professional use. This means that Subscriber may not use them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, telecommuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. Subscriber acknowledges that use of the Voice Service for any commercial or governmental purpose could obligate Subscriber to pay Cherry Capital Connection, LLC’s higher rates for commercial service on account of all periods, including past periods, in which Subscriber uses, or used, the Voice Service for commercial or governmental purposes. Cherry Capital Connection, LLC reserves the right to immediately terminate or modify the Voice Service if Cherry Capital Connection, LLC determines, in its sole discretion that Subscriber’s Voice Service is being used for nonresidential or commercial use, is being used for illegal activities, or is in violation of any of the terms of the User Agreement.

Calling

By paying the Voice Service subscription fee, Subscriber will receive the following services:

1. Local calls. Subscriber may place unlimited local voice-over IP (“VoIP”) calls at no additional charge.
2. Long distance calls. Subscriber may place unlimited long distance VoIP calls within the continental United States and Canada at no additional charge when included as part of a package or paid for separately on a monthly basis.
3. International calls. Subscriber may place unlimited international calls by paying the rates listed at http://www.cherrycapitalconnection.com. All international calls are billed on a usage basis in one-minute increments. International rates are subject to change from time to time, and it is Subscriber’s responsibility to check http://www.cherrycapitalconnection.com periodically for changes.
4. 911 AND E911 CALLS. SUBSCRIBER ACKNOWLEDGES AND UNDERSTANDS THAT ACCESS TO EMERGENCY SERVICES THROUGH 911 AND E911 CALLS IS LIMITED. VoIP 911 The Voice Services support E911 (where available) and traditional 911. Subscriber acknowledges and understands that the Voice Service supports traditional 911 or E911 access to emergency services ONLY IF THE SERVICE IS OPERATED FROM THE SERVICE LOCATION OF RECORD, and then only if Subscriber has an active connection to the service, in accordance with the terms of the User Agreement.
   1. Subscriber acknowledges and understands that if there is a service outage for ANY reason; such outage may prevent ALL Voice Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
   2. Subscriber hereby acknowledges that Cherry Capital Connection, LLC’s liability is limited for any Voice Service outage and/or inability to dial 911 from Subscriber’s line or to access emergency service personnel, as set forth in this Attachment. Subscriber agrees to defend, indemnify, and hold harmless Cherry Capital Connection, LLC, its officers, directors, employees, affiliates and agents and any other Cherry Capital Connection, LLC who furnishes services to Subscriber in connection with this Agreement or the Voice Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees) by, or on behalf of, Subscriber or any third party as such relate to the absence, failure or outage of the Voice Service, including 911 dialing and/or inability of Subscriber or any third person or party or user of Subscriber’s Voice Service to be able to dial 911 or to access emergency service personnel.
   3. Subscriber further agrees to indemnify, defend and hold harmless Cherry Capital Connection, LLC and its third party providers from any claim or action arising out of misroutes of 911 calls, including but not limited to Subscriber’s failure to follow correct usage procedures for 911 calling or Subscriber’s provision to Cherry Capital Connection, LLC of incorrect information in connection therewith. Neither Cherry Capital Connection, LLC nor its officers or employees will be liable for any claim, damage, or loss related to this Section 3(d), and Subscriber hereby waives any and all such claims or causes of action arising from or relating to 911 dialing. e. Toll calls, 0+ Calls, and x11 Calls.
5. Subscriber may not place calls to certain numbers using the Voice Service. These include, but are not limited to, toll calls placed to numbers with the 900, 976, or 101 area codes, calls involving 555-1212 directory assistance, 0+ calling (including without limitation collect, third party billing or calling card calling) and 311, 511 and/or other x11 (other than 911) calling services. Cherry Capital Connection, LLC will have the right to restrict Subscriber’s access to these types of calls, and may assess a $75 penalty, in addition to any charges incurred, for any calls placed to such numbers on Subscriber’s Account.
6. Directory Assistance Calls. Subscriber may place directory assistance calls by paying the rates listed at http://www.cherrycapitalconnection.com. Directory assistance rates are subject to change from time to time, and it is Subscriber’s responsibility to check the rates page periodically for changes.

Updated 07/28/2008