1. PREAMBLE
These Terms of Service constitute the agreement between Colson Communications LLC and the user of Colson Communications’s services and any related products or services. This agreement governs both our service and any Colson Communications-approved or Colson Communications-provided devices used with our service. It applies to all lines on each Colson Communications account. In what follows, Colson Communications is sometimes referred to as “we,” “us,” “our,” or “Colson Communications” and the user is sometimes referred to as “you,” “your,” or “user,” or “customer”.
By subscribing to or using our service, you agree to these Terms of Service.
2. CUSTOMER SERVICE.
We offer varying types of customer service depending on a number of factors, including the service you are using and the problems you are experiencing. We assume no obligation to provide support services for any third party products or services that you acquire, or for problems with our service caused by third party products or services. We may change the customer service options at any time.
3. MONEY BACK GUARANTEE.
We offer a money back guarantee if you decide to terminate your service. When you terminate your service, you are billed for the minutes and services you used before termination and also any monthly fees that are due.
4. SERVICE
4.1 Service Distinctions.
Events beyond our control may affect our service, such as fluctuations in the Internet, your underlying ISP or broadband service, or maintenance. We will act in good faith to minimize disruptions to your use of and access to our service.
4.2 No Directory Listing.
The phone numbers you get from us will not be listed in any telephone directories. However, any phone numbers you transfer from your local phone company may be listed.
4.3 Passwords
You will be asked to create a password in order to gain access to your account information on-line or when contacting a Colson Communications agent by phone. You agree to keep all passwords and account information confidential and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality and for all activities that occur under your password. You are sorely responsible for your password.
5. Number Transfer.
(a) Single line Accounts. You may be able to take your current number to another service provider. If you ask your new service provider to port a number from us, and we receive your request from the new service provider, we will terminate our service for that number upon successful completion of the port. Once your service is terminated and the port is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any cancellation fees. If a port is unsuccessful for any reason, your service and your agreement with us will not terminate, you will remain a Colson Communications customer, and you will continue to be responsible for all charges and fees associated with your Colson Communications service.
(b) Multiple-line Accounts. If you request your new service provider to port a number from us and you have multiple numbers assigned to your account you are required to inform us of your intent to terminate all the services on your account, prior to the successful completion of the requested port or we will select the most appropriate billing plan for any remaining numbers and/or devices on your Colson Communications account, and you will continue to be responsible for all the charges and fees associated with the remaining services on your Colson Communications account. Once the port of the requested number is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any cancellation fees applicable to the ported number.
6. Termination of Service.
In order to terminate your service, you must contact our Customer Care Department, via telephone, at the following toll-free number (1-800-571-0381or send an email to [email protected]). Our Account Management Department is available to assist you 24 hrs/7 days a week.
7. FEES, TAXES, AND OTHER CHARGES.
7.1 Fees and charges.
We will publish on our website the fees and charges. These fees and charges may change from time to time. We may introduce new products and services at special introductory pricing. At our discretion, we may change introductory pricing.
8. Charges for Directory Calls (411).
We will bill for applicable charges made to directory services.
8.9 There is no Credit for Misdialing of numbers or calls answered by an answering service. Neither misdialing or calls answered by and answering machine while using the service entitle you to a credit for, or refund of, any portion of a payment made to us.
9. BILLING AND PAYMENT.
9.1 Billing.
We will bill you for each term of service. When you subscribe to our service, you must give us a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced on account of loss or theft. Except for usage-based charges, we will bill in advance to your payment method all charges, fees, taxes, and surcharges for each service term. We will bill monthly as due immediately usage-based charges and any other charges which we decide to bill as due immediately. Bills will be sent to the email address on record.
9.2 Payment.
When you subscribe to our service, you authorize us to collect from your payment method. This authorization will remain valid until 30 days after you terminate our authority to charge your payment method. We will then charge you for any other outstanding charges and disconnect your service.
10. PROHIBITED USES; UNLAWFUL USES AND INAPPROPRIATE CONDUCT.
10.1 Lawful purposes only.
You may use our service and your device only for lawful, proper and appropriate purposes. You may not use our service or your device in any way that is illegal, improper or inappropriate. For a non-exhaustive list of examples of illegal, improper or inappropriate uses of our service and/or devices, click here. You are solely liable for the use of our service.
10.6 No Alterations or Tampering.
If you copy or alter or have someone else copy or alter the firmware or software of the device in any way that facilitates a compromise of your service, you are responsible for any charges that result. You may not attempt to hack or otherwise alter or disrupt our service or make any use of our service that is inconsistent with its intended purpose.
11. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY.
11.1 AS IS Services.
You agree that our services are provided “as is,” except to the extent provided below.
11.2 No Warranties on Service.
We make no warranties, express or implied, including but not limited to, any implied warranties of merchants, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service or device will be without failure, delay, interruption, error, omission, degradation of voice quality, or loss of content, data, or information. Neither Colson Communications nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or destruction of, customer’s data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of Colson Communications or its service provider’s or vendors’ negligence.
11.3 No Credit Allowances for Interruption of Colson Communications Service.
We will not give you credit for any interruption of Colson Communications service, including international calling services.
11.4 Limitation of Liability.
We will not be liable for any delay or failure to provide service, including 911 Dialing, at any time or any interruption or degradation of voice quality that is caused by any of the following:
11.5 Disclaimer of Liability for Damages.
In no event will Colson Communications, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to access emergency service personnel through the 911 dialing service or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.
11.6 Disclaimer of 911 Liability.
We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result. Neither Colson Communications nor its officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device.
11.7 Limit on total liability.
Our total liability under this agreement will not exceed the service charges for the affected time period. Colson Communications will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone or other wire line charges, technician charges, or other similar charges.
12. INDEMNIFICATION AND WAIVER OF CLAIMS.
12.1 Indemnification.
You shall defend, indemnify, and hold harmless Colson Communications, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device(s), or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).
12.2 Waiver of Claim or Causes of Action.
You waive all claims or causes of action arising from or relating to our 911 dialing service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.
12.3 Content.
You are liable for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your service or device(s). You promise that you and anyone who uses your service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our service and the device.
12.4 Account Information.
You are liable for all liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof. .
13.1 Legal Age.
You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.
13.2 Entire Agreement.
This agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and Colson Communications. This agreement governs your use of our service, and the use of our services by the members of your household and your guests and employees. This agreement supersedes any prior agreements between you and Colson Communications. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
13.3 Severability.
If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
14. CHANGES TO THIS AGREEMENT.
We may change the terms and conditions of this agreement from time to time.
15. PRIVACY
Colson Communications Service uses, in whole or in part, the public Internet, the public switched telephone network, and third party networks to transmit voice and other communications. Colson Communications is not liable for any lack of privacy which you may experience from using our service.
If you believe any material on our service infringes a copyright, you should give us written notice.
