DTV Terms Of Service
We are dedicated to providing the best possible customer service and the broadest range of quality programming. MTA is proud of our relationship with our customers and we look forward to many years of continued service in the community.
Use of DTV and/or Internet service constitutes acceptance of these Terms of Service. A complete schedule of Terms of Service is available for inspection at our headquarters, located at 1740 S. Chugach St., Palmer, Alaska. These may be inspected during our normal business hours.
- The Customer must subscribe to MTA local telephone service. DTV and/or High-Speed Internet (if applicable) will be transmitted across the same line as the customer’s primary telephone service. Customer hereby consents to delivery of DTV and/or high-speed Internet over their primary phone line.
- Unless specifically noted, this service is for non-commercial, residential use only by and for the benefit of the subscriber at the installed location. The service may not be resold or rebroadcast in any way, shape or form.
- Some equipment is provided as part of the delivery of the service. The loss or destruction of equipment provided with the service or leased to the customer will result in a charge to the customer, based on a published fee schedule. This may, but may not necessarily include: ADSL modem; digital set top converter; switches, routers or gateways; remotes; keyboards.
- We are not responsible for defacement of property resulting from the installation of service.
- All wiring installed as part of the service installation is owned by us and may be rendered inoperable upon discontinuation of service. Wiring will not be removed upon discontinuation of service.
- The minimum service period is 12 months.
BILLING PROCEDURES AND PAYMENT OPTIONS
Our customers are billed monthly, in advance, for the DTV services and equipment to which you have subscribed. Your first bill extends from the first day of Digital Television services to your billing cycle date and one month forward, and will include credit for any funds collected at the time of your installation. Charges for DTV service will appear on your MTA telephone bill.
Partial month charges will be itemized on your statement if you add or change service between billing dates. Payments can be made on or before the due date.
In the event that your DTV service is interrupted and is not reestablished within 24 hours from the time a request for repair is made, your account may be credited on a prorated basis for loss of service during each 24 hours following your request.
We offer you a number of payment options. You may mail your payment to the address listed on your bill. Our Customer Care offices offer drop boxes and payment in person by cash, check or credit card. You may arrange to have your monthly DTV charges billed automatically to your credit card.
Please review your statement each month. Should you have a question, please bring it to our attention within 30 days so that we can review it. Please pay all amounts not in question by the due date to keep your account current.
Late or Missing Payments
Please note there is a late charge assessed to any account that is not paid in full by the “Due Date” listed on your bill. If your account is disconnected due to nonpayment, a reconnection fee will be required to reconnect your DTV service. Returned checks are subject to a $25.00 return fee.
Upon arriving at your home for an installation or service appointment, our employees will properly identify themselves by using their first and last name and the reason for the visit. It is required that someone over 18 years of age be home during the installation of your DTV service. This will insure complete installation and allow you to become more familiar with your DTV service and equipment.
DISCONNECTION & TERMINATION OF SERVICE
You have the right to cancel your service for any reason at any time by giving us notice. We will refund any balance due to you after discontinuation of services, if there are no outstanding charges and all DTV equipment has been returned to us. Any refund due to you may be applied against other outstanding MTA charges.
If you are disconnecting service and will not be reconnecting service at a new location, you will need to return all DTV equipment, such as your ADSL modem, digital converter and remote, to one of our Customer Care offices in Eagle River, Palmer or Wasilla. If you do not, you will automatically be charged for all unreturned equipment.
ADDING OR CHANGING SERVICE
You may decide to add new DTV services or change your existing service level at any time.
We encourage you to select the DTV programming service that best fits your viewing preferences. We offer a number of additional and optional services. Please call Customer Care for further information.
SIGNAL QUALITY COMPLAINT RESOLUTION PROCEDURE
We are pleased to provide you with the following procedures to help us resolve any DTV signal problems as quickly as possible.
- Any time you have a problem with your DTV reception, please call our Customer Assistance Department. Customer Assistance Representatives can be reached by phone 7 days a week, 24 hours per day.
- When you call us about your DTV service during normal business hours, an agent will attempt to resolve the problem over the phone. If the problem cannot be resolved, the agent will schedule a Service Technician to visit your home.
- When you place a service call outside of regular business hours, the trouble will be logged immediately, and an agent will follow up on the next working day during normal business hours.
- Emergencies affecting signal quality, such as fallen utility poles or violent storms, may interfere with reception of DTV service. We are committed to promptly correcting an emergency situation. We pledge immediate response at any time if a large area of the system is experiencing technical difficulties.
- Our agents and technicians are trained and have the authority to do whatever is reasonably necessary to resolve a customer’s problem or initiate the solution, including replacement of any non-operating equipment, in order to provide quality service. If our staff is unable to resolve a problem to your satisfaction, please ask to speak to a supervisor or manager; they will be happy to help.
We urge you to call or write us any time you have questions or concerns about your service, equipment hook-up or any other aspect of the DTV service.
Sometimes the satellites from which we receive much of our programming are positioned directly between the earth and the sun. This usually occurs during the first weeks of March and October. When this happens, the energy of the sun can overpower the satellite signals for several minutes at a time, resulting in an interruption of signal. This disruption generally does not last more than 10 minutes a day during this limited “sun outage” period.
CONSUMER GUIDE TO DIGITAL TELEVISION AND HOME ENTERTAINMENT EQUIPMENT
With DTV connected to your home entertainment system, you enjoy the best choice, convenience and value. Extra steps may be required for DTV to work effectively with various equipment, including your TV or VCR.
Digital Set-Top Converters
You need a digital set-top converter to receive services and channels. We will provide you with a digital set-top converter, which will enable your TV to receive any scrambled channels. The converter enables your TV to receive all of the channels and services we offer. You must use the digital set-top converters that we provide; third-party equipment will not be compatible with the DTV system.
The remote provided with your set-top converter is designed specifically for that purpose. It may also be used to control other equipment such as your television set or your VCR. Please consult the user’s guide provided with your equipment for a specific list of devices supported by the remote.
The set-top converter “converts” all DTV channels to channel 3. You can only receive one channel at a time through the converter. This means that there may be certain features of your TV and VCR that you will not be able to use without additional equipment. For instance, you may have trouble taping one program while watching another or using the picture-in-picture feature. Consult the user’s manual of your equipment for specifics on compatibility.
DIGITAL TELEVISION SUBSCRIBERS PRIVACY RIGHT NOTICE
Collection of Information
We are required by the Federal Digital Television Communications Policy Act of 1984 to inform you about personally identifiable information which is in our files. The information that this DTV system collects and maintains includes billing records; service maintenance and repair records; premium service subscription information; marketing information and subscriber complaints. We utilize this information to make sure that you are being properly billed for the service you receive. We also use this information for service calls, customer surveys, billing collection and marketing needs, as well as for our own tax and accounting records. Federal law prohibits Digital Television systems from collecting any personally identifiable information other than information necessary to carry on our business or to detect theft of services, unless you consent.
Unless otherwise noted, all the personally identifiable information we collect is used solely for the business purpose of offering and rendering DTV service to you. Some authorized individuals have access to such information when necessary in connection with our business. Access is as often as needed and may be on a day-to-day basis. Those people include DTV system employees; DTV system sales agents; businesses which provide services to the DTV system, such as our accountants, billing and collection service; program and program guide providers where applicable; program services which will periodically audit subscription information; equipment suppliers; and representatives of the franchising authority. We will not maintain such information after it is no longer necessary for carrying on our business.
As a subscriber, you may review any personal information held by us which pertains to you given a reasonable period of time to locate and, if necessary, prepare the information for review (preparation is sometimes necessary to avoid disclosure of information relating to other subscribers). If you wish to review your personal information, please contact us to set up an appointment during regular business hours. You may request correction of any errors in personal information that we collect or maintain pertaining to you.
We are permitted to disclose personally identifiable information to the extent necessary to conduct our business. In addition, the law allows us to disclose your name and address for non-DTV service related mailing lists or other purposes unless you advise us in writing you do not wish us to disclose it. However, such disclosures of names and addresses may not be in a form that discloses the nature of any transaction you make over a two-way system. If you do not want to have your name and address disclosed, please contact us at a Customer Care office in Eagle River, Palmer or Wasilla.
Disclosure by Court Order
We may disclose personally identifiable information without your consent if we are required to do so by court order. If we are served with a court order requiring disclosure of personally identifiable information concerning a subscriber, we will inform the subscriber before any information is released. Under some circumstances, a governmental entity may seek a court order to obtain personally identifiable information from the Digital Television system concerning a Digital Television subscriber. The subscriber must be given an opportunity to contest such an order.
Internet Service Agreement
This Internet Service Agreement (“Agreement”) sets forth the terms and conditions on which we agree to provide and you agree to accept Internet Service. In this Agreement, the words “we”, “us”, or “our” to refer to Matanuska Telephone Association, Inc. (MTA), d/b/a MTA Solutions, and the words “you” or “your” refer to the customer to whom the Internet Service will be provided. You accept the terms and conditions of this Agreement if (i) you install, or permit us to install, any software or equipment which permits you to access Internet Service, (ii) you use, attempt to use or permit others to use your Internet Service, or (iii) you pay for your Internet Service. By accepting the terms and conditions of this Agreement, you represent you are of legal age and have the legal capacity to enter into and be bound by the terms and conditions of this Agreement.
- Definitions. The terms which are defined below may encompass meanings that differ from, or are in addition to, the normal connotation of the defined term. Any term not defined herein shall be interpreted in accordance with its customary meaning in our industry as of the date of this Agreement.
- “Content” means content provided by MTA or its third party licensors, providers or suppliers and accessible on the Internet Service, including without limitation, images, photographs, animations, video, audio, music and text, with the exception of content uploaded by and stored on behalf of our Internet Service customers.
- “Dial-up Service” means the Internet Service that connects your computer to the Internet via a modem using the public telephone network. Connection speeds for Dial-up Service are generally limited to a maximum of 56 Kbps.
- “Early Termination Fee” or “ETF” means the fee you will incur if you terminate your Internet Service prior to completing the Service Term, or if we terminate your Internet Service for cause prior to you completing the Service Term. The ETF is the amount specified in your Internet Package for early termination, or if no amount is specified, the ETF is an amount equal to your average monthly billing for Internet Service (excluding charges for GIG overages) multiplied by the number of months (or partial months) remaining in your Service Term.
- “Equipment” means the modem, router and/or other equipment provided to you by MTA to enable you to use the Internet Service.
- “Installation Date” means one (1) day after you receive the Equipment or the date we install Broadband Service at your residence or business, but in no event later than the date you first use your Internet Service. For Dial-up Service, Installation Date means the date we provide you with a User ID and/or password enabling you to access the Dial-up Service.
- “Internet Package” means the service plan selected by you that identifies the download speed, monthly usage allowance, commitment period, recurring monthly charge and other specifics regarding your Internet Service.
- “Internet Service” means the service we provide our customers which enables them to access the Internet. The particular Internet Service we provide to you is determined by the Internet Package you select, along with any Equipment, Software, technical support, email and mailbox services, features, options, products and other related services we agree to provide, and is referred to herein as “your Internet Service”. Variations of the Internet Service are referred to as “Residential Internet”, “Business Internet”, “High Speed Internet” or “Dial-up Service”. Residential Internet, Business Internet and High Speed Internet are sometimes referred to individually or collectively as “Broadband Service”.
- “MTA” means Matanuska Telephone Association, Inc. and its affiliate, MTA Communications, LLC.
- “Service Term” means a minimum period of time, generally three (3) or five (5) years, during which you agree to subscribe to Broadband Service. Broadband Service not subject to a Service Term is provided on a month-to-month basis.
- “Software” means software owned by MTA or third party licensors, providers and suppliers, which we may provide you to use (via download, CD, other media or other delivery method) at no cost or for a fee, including client and/or network security software.
- “Website” means the MTA website located at www.mtasolutions.com.
- Use of the Internet Service. You agree to comply at all times with our Internet & Data Services Acceptable Use Policy and all other policies, terms and conditions governing the Internet Service, all of which are available at our Website. You agree not to use or permit others to use your Internet Service in an unlawful, fraudulent or abusive manner. Internet Service is provided on an AS IS basis and throughput speeds and availability of the Internet Service is not guaranteed. We may, at any time, without notice or liability, restrict the use of the Internet Service or limit its time of availability in order to perform maintenance activities and to maintain session control. WE RESERVE THE RIGHT TO CHANGE ANY OF THE FEATURES, CONTENT, SOFTWARE, EQUIPMENT OR APPLICATIONS OFFERED AS PART OF THE INTERNET SERVICE AT ANY TIME WITHOUT NOTICE TO YOU. You are not permitted to use your Internet Service to host any type of server whether personal or commercial in nature. You understand that any reselling of your Internet Service is strictly prohibited. We reserve the right to audit your Internet connection electronically to enforce the provisions of this Agreement. You are solely responsible for evaluating any third party services accessible through the Internet Service. We are not responsible for anything provided by third parties. Internet Service does not include local telephone service.
- Broadband Service. You are not permitted to share your Internet Service with neighbors, other businesses (even if in the same building) or with locations other than your own. You may connect multiple computers or other devices used to access the Internet Service within a single residence or a single business location to the Equipment using a single Broadband account and a single IP address that we provide. If we provide more than one User ID for your Broadband account, such additional User IDs are not permitted to be used as dial-up connections. Broadband Service may not be available in all areas, may not be available at the rates, speeds, or bandwidth generally marketed, and some telephone lines may not qualify for Broadband Service even if initial testing indicated that your telephone line was qualified. We will provision your telephone line for Broadband Service at the maximum line rate available to your location based on our standard telephone line qualification procedures, unless you have selected a level of service with a lower maximum line rate.
- Broadband Usage. By use of your MTA Internet account, you acknowledge that we may establish general practices and limits concerning use of the service. Our Internet packages, unlike dedicated commercial services, are not designed to support continuous or automated high volume data transfers and are subject to fair and reasonable use of service conditions that are necessary to provide a quality Internet experience at an affordable price for all consumers. Residential accounts are for use by an individual or family. Business accounts are meant for similar use, but by larger groups of users and with the addition of commercial, revenue-generating activities. We may initiate a Usage Review of a customer account with usage in excess of expected ranges and we reserve the right to make changes and/or terminate service and/or the account if the usage pattern is excessive or negatively impacts our network, or otherwise violates this Policy. Examples of such activities might include, but are not limited to: extensive use of peer-to-peer file sharing programs, game hosting applications, continuous and/or excessive streaming of video content, or an unsecured wireless signal. If your usage pattern is excessive, you will first be notified to reduce your usage pattern. If you fail to reduce your usage, we reserve the right to terminate your service.
- Dial-up Service. You are responsible for all telephone charges including toll and long distance charges associated with your use of Dial-up Service. We do not guarantee or warrant that the Dial-up Service access number(s) we provide will be a local call from your location. Dial-up Service is available only as a month-to-month service. You are not permitted to use Dial-up Service for any high volume purpose, or engage in any similar activity that may constitute such use (whether commercial or non-commercial), or use Dial-up Service as a dedicated line, as determined in our sole discretion. If your Internet session remains idle for fifteen (15) minutes or longer, we reserve the right to terminate your Internet session without notice. An Internet session may be deemed to be idle if there appears to be no interactive, human generated data received from the remote user’s computer system within a certain amount of time. Automated data is not considered interactive or human generated. Automated data includes but is not limited to data generated by an automatic re-dialer, script or other program that runs on a computer system for the purpose of avoiding inactivity disconnects, and the automated checking of email or “pinging” the host to maintain a constant connection. You are only permitted to use Dial-up Service for a single log-on Internet session at a time. You may not use more than one (1) IP address for each log-on Internet session.
- Service Term. If the Internet Package you select is subject to a Service Term, your Service Term commitment period begins on the Installation Date. You may change your Internet Package at any time without penalty during the Service Term; however, you may be required to extend the Service Term. You may not change your Internet Package any more frequently than once every thirty (30) days. Upon completion of your Service Term, you may select a new Internet Package or renew your current Internet Package (if then available) subject to the terms and conditions of the applicable Internet Package. If you do neither, your Internet Service will automatically convert to a similar Internet Package without a Service Term and billed at the month-to-month rates then in effect.
- Credit Check/Limit; Security Deposit. You agree that we may check your credit history prior to activating Internet Service or extending any credit. You must have and maintain satisfactory credit to use any MTA service. We may set a credit limit (“Limit”) on your account at any time based on your credit or payment history. If we do, we will inform you of your Limit as well as any changes to your Limit. We may suspend your Internet Service without advance notice if your account balance exceeds your Limit, even if your account is not past due. Your Internet Service may be restored upon payment of a reconnection fee, any past due amounts and an amount that brings your account balance below the Limit. To establish or maintain your account, you may be required to pay a security deposit that we will hold as partial guarantee of payment for the services provided to you. We may change the security deposit amount at any time based on your credit or payment history. You may not use the security deposit to pay any bill or delay any payment. Interest will not be paid on your security deposit unless required by law. Upon termination of all MTA services, we will apply the security deposit to any outstanding amounts you owe MTA and return the remaining security deposit, if any, to you at your last known address within sixty (60) days. Refunds may be applied to the original payment method. If your security deposit is returned to us, you have one (1) year from the date of the initial mailing to reclaim your security deposit, otherwise it will be forfeited.
- Charges to Your Account.Charges to your account are based on the terms of your Internet Package. If your Internet Package is for Broadband Service or for Dial-up Service, you will be billed at our current rates, which are subject to change without notice. If you change your Internet Package, any corresponding change in your monthly charges becomes effective on the date we implement the change. Usage in excess of your monthly usage allocation will result in additional charges to your account. Other non-recurring charges (e.g. GIG overages) will be billed following incurrence. If you fail to return the Equipment to us within fourteen (14) days after termination of your Internet Service, you will be billed for the Equipment at our standard rate then in effect. YOU AGREE THAT ONCE WE BILL YOU FOR EQUIPMENT YOU FAIL TO PROMPTLY RETURN, WE ARE UNDER NO OBLIGATION WHATSOEVER TO CREDIT YOUR ACCOUNT OR PROVIDE ANY REFUND EVEN IF YOU LATER RETURN THE EQUIPMENT. If your Internet Package requires that you maintain other MTA services (e.g. local telephone service, DTV, etc.) and you fail to do so, we may in our sole discretion (i) change your Internet Package to one that does not require that you subscribe to such other MTA service(s) , or (ii) terminate your Internet Service. If we elect to change your Internet Package under this section, your Internet Service will be provided thenceforth subject to the terms and conditions of your new Internet Package, and you agree to pay any higher fees that may apply including applicable back charges during the period you failed to maintain such required MTA services. If we elect to terminate your Internet Service under this section, you will incur an early termination fee (“ETF”) for the unfulfilled Service Term, if any, in addition to applicable back charges for the period prior to termination during which you failed to maintain any such required MTA service(s). We will notify you, solely prior to taking any action specifically described in subsections (i) and (ii) above in this Section 8; any other actions by MTA under this Section do not require any notice to you. All data purchased with any service plan (both data that comes with a particular plan and any additional data you purchase as an add-on), including roll-over data, will expire immediately upon termination of your service plan for any reason.
The waiver of any fees or charges to your account is solely in our discretion. You are limited to taking advantage of no more than one special pricing promotion during any twelve (12) month period.
- Taxes; Surcharges. Our prices do not include taxes, surcharges, or other fees levied by government or regulating agencies. If you are exempt, you must provide us with valid tax exempt documentation prior to accruing such costs.
- Billing; Payment. You begin accruing charges to your account for your Internet Service on the Installation Date. You will be billed monthly but the billing dates are subject to change. Recurring charges are billed one (1) month in advance. All other charges are billed in the month following incurrence, but are sometimes applied to a subsequent billing. You must pay all charges on your account by the due date on your bill. Past due amounts accrue interest until paid at the rate of 1.5% per month or the highest rate allowed by law. If you agree to any auto-payment option through your bank or credit account, we may initiate payment from your account for all amounts we bill you without additional authorization or notice. You may be charged additional fees if your payment is denied by a financial institution. Acceptance of less than full payment shall not waive our right to collect all amounts that you owe us. You may dispute any charge on your bill provided you do so in writing within forty-five (45) days of the bill date, otherwise the charges shall be deemed correct and undisputable. You agree to pay any costs we incur collecting past due amounts, including collection fees, attorneys’ fees, court costs and expenses.
- Authorized User, Use and Responsibilities. You will be provided with a User ID and password to enable you to access your Internet Service. You agree to protect your User ID and password, and to pay for all activity associated with it. You agree that you are responsible for all use on your account, including any secondary accounts or sub-accounts registered to your primary account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses your Internet Service via your account, or any secondary accounts, with or without your permission. You also agree to use your Internet Service only within the United States. Our Internet Packages for residential customers are not available to businesses and may not be used for any business or commercial purpose. Our Internet Packages for business customers are available only to bona fide businesses solely for business or commercial uses. Any unused GIGs expire at the end of each applicable billing period. MTA does not permit a carryover of unused Gigs from a prior billing period. You will incur additional charges if your actual GIG usage for each and any month that exceeds the total of your monthly usage allocation. To avoid such additional charges, you are encouraged to periodically visit our Website and log in to your account to check your accumulated monthly usage. If your Internet Package includes any “unlimited” usage, this means reasonable usage. If we determine your usage of the Internet Service is excessive or exceeds the norm for such unlimited usage service, we reserve the right to change your Internet Package to one without unlimited usage or terminate your Internet Service. We will notify you, solely on your current charges invoice which MTA Internet Service plan is your then-current Internet Service plan, and when your Internet Service has been terminated.
- Equipment. If we provide you with Equipment, you agree to provide power for the Equipment and keep it physically secure and free from liens and encumbrances. You agree to bear the risk of loss or damage (other than normal wear and tear) to the Equipment. You understand that title to the Equipment remains at all times with us. You understand that you remain responsible for complying with all obligations set forth in this Agreement, including, but not limited to, paying your monthly charges, even if the Equipment is lost or damaged. Upon termination of your Internet Service or as requested by us, you agree to promptly return the Equipment.
- Email Service. Any email service we may provide to you is subject to applicable email and anti-spam policies, including limitations on the number and/or size of email messages that may be sent during a given time period, or the number of recipients of a particular email. The number of electronic mailboxes (and corresponding email addresses) available to you depends on your Internet Package. We may limit the number of emails or other messages that can be retained in your account. We reserve the right in our sole discretion to provide the level of security we deem appropriate to safeguard our network and customers, and other Internet users, against Internet threats or abuses, including without limitation, viruses, spam, phishing, identity theft and any other potentially disabling or harmful threat or abuse. These security measures may include, but are not limited to, the use of firewalls and block lists to block potentially harmful or abusive emails or attachments, anti-spam filters, anti-virus and anti-spyware software, and blocking selected ports. Such activities may result in the blocking, filtering or non-delivery of legitimate and non-legitimate email sent to or from your email account(s). By using any email service we provide, you understand and agree that delivery and receipt of email is not guaranteed and you agree to our use of the foregoing Internet and email security measures we in our sole discretion deem appropriate.
- Termination of Internet Service by Customer. You may terminate your Internet Service at any time by notifying us and promptly returning any Equipment provided to you. If you terminate your Broadband Service prior to completing the Service Term, you agree to pay us an ETF. If you terminate your Broadband Service at your service location, you cannot subsequently transfer the remainder of the Service Term to a new service location. In addition to the applicable ETF, you are responsible for all charges applicable to your account through the date of termination. Activation or set-up fees paid at the initiation of your Internet Service, if any, are not refundable. Upon termination of your Internet Service, we reserve the right to reverse any credit for Internet Package overages (e.g. GIG overages) applied to your account within six (6) months of the effective date of termination.
- Suspension/Termination of Internet Service by MTA. We may, without advance notice, limit, suspend or terminate your Internet Service if: (i) you breach any of the terms of this Agreement; (ii) you fail to make any payment due MTA by the date such payment is due; (iii) you become insolvent or bankrupt; (iv) you steal from or lie to us; (v) you or any user of your account or person authorized to act on your behalf threatens, harasses, uses abusive, vulgar or otherwise inappropriate language with any of our representatives; or (vi) we believe that your Internet Service is being used for an unlawful purpose or in a way that negatively affects our network or other customers. If we suspend your Internet Service, you may be charged a reconnection fee. If we terminate your Internet Service, you will be charged an ETF for any unfulfilled Service Term and will not be given credit for any unused or prepaid Internet Service.
- Third Party Agreements. If you subscribe to or otherwise use any third party services offered by or through MTA, your use of such third party service is subject to the terms of service of such third party service provider. You agree to comply with such third party service provider’s terms of service and you acknowledge that the third party service provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to, email services, virus/spam protection services and other services that we may elect to make available from time to time. Any violation of such third party provider’s terms of service may, in our sole discretion, result in the termination of your Internet Service.
- Software Licenses; Third Party Services. In connection with your Internet Service, we may provide you the use of certain Software. We reserve the right to update, upgrade or change the Software at any time without notice. In some cases you may be required to change the related settings on your computer and software necessary for such update, upgrade, or change from time to time, and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with your Internet Service and for no other purpose. If the Software is subject to an end user license agreement, your use of the Software shall be governed by the terms of such end user license agreement and by this Agreement, where applicable. By using the Software, you agree to the terms and conditions of the applicable end user license agreement. For Software that is not subject to an end user license agreement, you are hereby granted a revocable, non-exclusive, non-transferable license by MTA or the third party licensors, providers or suppliers, to use the Software (and any patches, updates and upgrades). You are not permitted to make copies of the Software. You agree that the Software is the confidential information of MTA or its third party licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by MTA or third party licensors, providers, or suppliers. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that MTA or third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret and moral rights, to the Software and related documentation, as well as any patches, updates and upgrades. The Software may be used in the United States only, and any export of the Software is strictly prohibited. We will provide reasonable technical assistance and support for any MTA owned Software. We may, but are under no obligation, to provide technical assistance or support for any third party Software. Technical assistance or support with regard to third party Software is solely provided in accordance with such third party’s policies or other terms. Your license to use the Software shall remain in full force and effect unless and until terminated by MTA, its third party licensors, providers or suppliers, or until your Internet Service is terminated. Upon termination of your Internet Service for any reason, you must cease all use of the Software and immediately delete the Software from your computer(s).
- Disclaimer of Warranties. We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about the Internet Service, the Equipment or any applications you access through your Internet Service. We do not warrant that the Internet Service will be uninterrupted or error free. You understand that no one, including our sales representatives and agents, is authorized to make any warranties on our behalf.
- Limitation of Liability. In no event shall we be liable for: (i) any errors, omissions, interruptions, mistakes, lost data, failures to transmit or receive, delays or defects in the Internet Service; (ii) any damage or injury caused by the use of the Internet Service; (iii) any third party act or omission; (iv) any third party claim against you; (v) any damage or injury caused by a suspension, limitation or termination of your Internet Service; or (vi) any event caused by factors beyond our control. To the extent permitted by law, our total liability for monetary damages for any claim you may have against us shall be limited to an amount equal to the prorated charges we bill you for your Internet Service during the period(s) in which your Internet Service is interrupted in excess of twenty-four (24) continuous hours. In no event shall we be liable to you or anyone for any indirect, consequential, incidental, punitive or special damages of any nature whatsoever arising out of or in connection with the Internet Service or this Agreement, including, without limitation, lost profits, loss of business, or cost of replacement products or services even if we are advised of the possibility of such loss or damage. You agree to indemnify us for any third party claim, loss or damage resulting from any use or misuse of your Internet Service, unless caused by our negligence or omission.
- Disputes. You and MTA agree to use binding arbitration to resolve all claims, controversies or disputes (collectively, “Disputes”) arising out of or related to this Agreement whether such Disputes arise during the term of this Agreement or thereafter. Notwithstanding, appropriate Disputes may be brought in small claims court. You and MTA agree to notify the other in writing of the nature of the Dispute at least forty-five (45) days prior to initiating arbitration and within one (1) year of the event giving rise to the Dispute. If you and MTA are unable to resolve the Dispute within such forty-five (45) day period, either you or MTA may submit the Dispute to binding arbitration. Arbitration shall be administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules (expedited procedure) then in effect by one arbitrator appointed in accordance with such rules. You and MTA must be individually named in the arbitration. The arbitrator’s decision and award shall be final and binding and judgment on such award may be entered in any court having jurisdiction thereof. Costs of the arbitration shall be paid in accordance with the arbitrator’s final decision. BY ENTERING INTO THIS AGREEMENT, YOU AND MTA AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Changes to this Agreement. We may periodically change the terms and conditions of this Agreement, including our prices, policies and any other terms and conditions applicable to the Internet Service, at any time without notice to you. MTA may elect, in its sole and absolute discretion, provide notice of any changes to terms or conditions to you in any manner, including, but not limited to, notice on your MTA current charges invoice, or by posting such changes on our Website. YOU AGREE TO VISIT OUR WEBSITE PERIODICALLY TO BE AWARE OF AND REVIEW ANY SUCH CHANGES. If your Internet Service is used after such changes are effective, you accept the changes and agree to pay all additional charges resulting from those changes. The foregoing does not apply to any increase or decrease in taxes, surcharges or other charges imposed by government or based on government calculations, over which we have no control.
- Miscellaneous. You may notify us by calling (907) 745-3211 or (800) 478-3211, or in writing via our Website or at 1740 S. Chugach St., Palmer, AK 99645. We may notify you in writing at your last known address, via email or by calling you and leaving a voice message on your wireless or home phone. Properly addressed written notices are effective three (3) days after deposit in the U.S. Mail, postage prepaid. This Agreement provides no third party benefits except for our affiliates, successors and assigns. Liabilities or obligations for acts or omissions prior to the termination of your Internet Service, obligations under the provisions regarding limitations of liability, disputes and any other provisions of this Agreement which, by their terms, are contemplated to survive or to be performed after termination of this Agreement, shall survive the termination thereof. If we fail to enforce any provision of this Agreement on any one occasion, it shall not constitute a permanent waiver of such provision, or waive our right to later enforce that provision. If any part of this Agreement is held invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. Section headings are for reference purposes only. You may not assign this Agreement without our written approval. This Agreement is governed by and shall be construed under the laws of the State of Alaska, without regard to choice of law principles. This Agreement and the documents it incorporates constitutes the entire agreement between you and MTA for the Internet Service hereunder, and no other terms and conditions, representations, understandings or agreements shall be in effect with regard to the Internet Service unless specifically adopted in a written agreement between you and us. You cannot rely on any other documents, or on what is said by any of our sales or customer service representatives and you have no rights regarding your Internet Service or this Agreement except as provided herein.
- Digital Millennium Copyright Act of 1988 (DMCA). You will not use, or allow others to use, the Internet Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. You must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. You represent and warrant that you are and will be the author and copyright owner and/or an authorized licensee with respect to any hosted content, and you further represent and warrant that no hosted content violates or will violate the trademark, copyright, domain name or intellectual property rights of any third party. MTA assumes no responsibility, and you assume all risks regarding the determination of whether the material is in the public domain, or may otherwise be used for such purposes. MTA shall provide the Internet Service in accordance with and subject to the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify MTA if they believe that an MTA customer has infringed the copyright owner’s work(s). If MTA receives a notice from a copyright owner alleging that you have committed copyright infringement, MTA will notify Subscriber of the alleged infringement. MTA may determine that you are a repeat copyright infringer if we learn that you have engaged in online copyright infringement on more than one occasion. MTA reserves the right to suspend or terminate the accounts of repeat copyright infringers.
Updated December 17, 2019
Digital Millennium Copyright Act (DMCA)
Matanuska Telephone Association, Inc. (MTA) will process notifications of claimed infringement under the Digital Millennium Copyright Act (“DMCA”, found at 17 U.S.C. § 512). All such notifications must meet the requirements of DMCA subsection 512(c)(3).
MTA’s designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is:
Registered Copyright Agent
c/o MTA Regulatory Affairs
1740 S. Chugach Street
Palmer, AK 99645
If you are a copyright owner or its enforcement agent and you have a good faith belief that a MTA account holder has committed infringement(s) of your copyright(s) using MTA’s Internet service, you as the copyright owner or agent may provide written notification of claimed infringement(s) to MTA’s designated agent. The notification should:
- Identify the copyrighted work(s) claimed to have been infringed and the name of the copyright owner;
- Identify yourself, including your personal name, employer name, mailing address, telephone number, and email address;
- Identify the specific act(s) that you claim to be actual infringement(s) (including the allegedly infringing material transmitted or received), the date(s) and time(s) of infringement(s), and the IP address associated with the alleged infringement(s);
- Provide the foregoing information in Extensible Markup Language (XML);
- Include a statement that you have a good faith belief that the claimed infringing acts have actually occurred and were not authorized by the copyright owner, its agent, or the law;
- Include a statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive copyright right that has been violated in the infringements you have specified; and
- Include your legible physical or electronic signature.
When MTA receives notifications of claimed infringement(s) that comply with these requirements, MTA will review such information and may inform the account holder of the complaint.
If you are a copyright owner or its enforcement agent and you have a good faith belief that MTA is storing material at the direction of a user of MTA’s service that you believe infringes your copyright(s), you as the copyright owner or agent may send written notification of claimed infringement to MTA’s designated agent (see below for contact information) pursuant to 17 U.S.C. § 512(c). The notification must contain the following information as set forth in 17 U.S.C. § 512(c)(3):
- Your physical or electronic signature as a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MTA to locate the material;
- Your mailing address, telephone number and email address;
- Your statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- Your statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed.
When MTA receives a notification of claimed infringement(s) that complies with the above requirements, MTA will respond expeditiously to remove or disable access to the allegedly infringing material stored on its service.
If you are a MTA Internet service account holder or a user of MTA’s services and believe in good faith that someone has wrongly submitted a notification of claimed infringement and has wrongfully requested that MTA remove or disable access to material, you may send MTA a counter notification. A counter notification must include the following information as set forth in 17 U.S.C. § 512(g)(3):
- Your physical or electronic signature;
- Identification of the material that MTA removed or to which MTA has disabled access and the location at which the material appeared before MTA removed it or disabled access;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, and telephone number; and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which MTA may be found, and that you will accept service of process from the person who provided notification of claimed infringement or an agent of such person.
Please note that MTA will forward any counter notification we receive to the copyright claimant or agent that submitted the notification of claimed infringement. Counter notifications should be addressed to the designated agent mentioned above.
Effective August 8, 2006
Restrictions on Use of Materials
No material from this website or any website owned, operated, licensed or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of any material or use of any material for any other purpose is a violation of MTA’s copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is expressly prohibited.
We may provide links to websites maintained by third parties. We do not control any information, products or services on these third party websites. The materials in this website are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, MTA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MTA does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available is free of viruses or other harmful components. MTA does not warrant or make any representations regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability or otherwise. You (and not MTA) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall MTA or its affiliates be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of, or the inability to use, the materials in this website. You specifically acknowledge and agree that MTA is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any MTA material, or with any of MTA’s terms and conditions, your sole and exclusive remedy is to discontinue using this website. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Copyright Notice; Trademarks
All contents in this website, unless otherwise identified, are Copyright © 2003-2008 Matanuska Telephone Association, Inc., all rights reserved. Any material published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by MTA or third parties. Such publication is not a grant of any license under any copyright, trademark, patent or other intellectual property right of MTA or any third party. The following registered trademarks of MTA and its affiliates may appear on this website: “MTA,” “DTV,” “LiteBlue” and “Ring Anywhere.”
Unless otherwise specified, the materials in this website are presented solely for the purpose of promoting MTA and its products in the United States. This website is controlled by MTA from its Alaska, USA offices. We make no representation that any material in this website is appropriate or available for use in other locations. If you choose to access this website from a location other than the United States, you do so on your own initiative and are responsible for compliance with your local laws, if and to the extent your local laws are applicable.
Unified Communications End User Terms and Conditions
READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SERVICES.
These Terms and Conditions constitute an agreement (this “Agreement”) between Matanuska Telephone Association, Inc. (“MTA”, “we”, “us,” or “our”) and each of our customers (“customer”, “you,” or “your”). This Agreement governs your purchase and use of equipment and licensing of software and firmware from us and governs our provision of services to you and your use of those services.
To the extent permissible by law, we may revise, amend, or modify this Agreement at any time and in any manner. Notice of any revision, amendment or modification will be posted on our web site, your account web page, in a newsletter, by email, by voicemail, by telephone or other communication permitted under applicable law. This Agreement may not be amended or modified by you.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT PURCHASE OR USE OUR EQUIPMENT OR SERVICES.
(a) “Equipment” refers to those devices approved by MTA to be used in connection with the Services, as such list may be updated from time to time.
(b) “High-Speed Internet” refers to an internet connection capable of data speeds of at least 180 kilobits in both the upstream and downstream direction.
(c) “Service(s)” are the VoIP and related calling services (such as enhanced features, services, and subscription packages) provided by MTA to you subject to the terms of this Agreement, including payment of monthly charges and applicable taxes and fees.
(d) “Supplier” means MTA, MTA’s vendors, and the third-party suppliers.
(e) “Term” means the period during which you subscribe to the Services and abide by the terms herein, including the timely payment of all applicable fees and costs.
You hereby represent and warrant:
(a) Power and Authority: You are of legal age and mental sufficiency to enter into this Agreement and are authorized to change or modify your telephone service with your local telephone company.
(b) Alternative Access to 911: If you do not maintain a wireline or wireless telephone service, you will not be able to call 911 if Service is unavailable. YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD THE DISCLOSURES IN THE UNIFIED COMMUNICATIONS AGREEMENT AND SECTION 9 OF THESE TERMS AND CONDITIONS CONCERNING 911 SERVICES AND THE LIMITATIONS THEREON, AND YOU ACCEPT AND AGREE TO ALL SUCH LIMITATIONS.
(c) Accurate Information: Your name, contact information, service address and all other information related to your MTA account is correct and up-to-date at all times.
(d) Unacceptable Use: You will not use the Equipment and Service where a power, Internet, Service or other outage may lead to damage, injury or death, or to use the Equipment and Service in an unacceptable, illegal, or prohibited manner that is in violation of our Acceptable Use Policies (see section 8) and all other policies and procedures defined herein.
(e) Financial Responsibility: You will pay for all charges for use of your Equipment and Services, including the authorized and unauthorized use of your account.
(f) Purchase of Equipment: You may have purchased Equipment direct from MTA or through an authorized dealer or reseller of such Equipment.
(g) Ownership and Risk of Loss: You bear all risk of loss of, theft of, casualty to or damage to the equipment from the time that we ship it to you until the time (if any) that it is returned to us in accordance with this Agreement. If the Equipment is damaged, lost, or stolen you will no longer be able to use Services and will be required to purchase new Equipment. Notwithstanding the foregoing, you will not obtain title to the Equipment until you have paid in full for such Equipment.
(h) Theft of Service: You shall notify us immediately, in writing or by calling our customer support line, if you become aware at any time that your phone service is being stolen, fraudulently used, or otherwise used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the fraudulent use, or unauthorized use of Services. Failure to do so in a timely manner may result in the disconnection of your Services and additional charges to you. Until such time as we receive notice of the theft, fraudulent use, or unauthorized use, you will be liable for all costs and damages (including reasonable attorneys’ fees) related to the fraudulent or unauthorized use of Services, whether or not it involves stolen equipment.
(i) Restrictions and Limits Apply: You agree to the limits and restrictions on use of the Equipment and Service, as set forth herein.
(j) High-Speed Internet Requirement: You will, at your sole expense, maintain a High-Speed Internet connection of sufficient speed for use with our calling services unless you otherwise purchase and/or subscribe to Equipment and Services that enable calling via a cellular data network.
End User License and Restrictions
(a) Equipment License: With your purchase of the Equipment, MTA grants to you a limited, revocable, non-transferrable, non-sublicensable, non-resellable license and right to use firmware or software embedded in the Equipment in object code form strictly in accordance with this Agreement. MTA does not grant any license to use the firmware in any other manner, and you expressly agree that the Equipment is exclusively for use in connection with Services offered by MTA, described in this Agreement.
(b) Access to Services: Upon activation of a Service, MTA grants to you a limited, revocable, non-transferrable, non-sublicensable, non-resellable license and right to use the Services during the Term strictly in accordance with this Agreement. MTA does not grant any license to use its software, applications or firmware in any other manner.
(c) No Modifications: You shall not modify, re-use, reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code or create derivative works from the binary code of the MTA firmware, software or applications. You agree not to modify, intercept, capture, decode, simulate or redirect communication protocols used by MTA for any purpose or make use of the Services in a manner inconsistent with its intended purpose.
(d) No Tampering: You hereby represent and warrant that you will not open the housing of the Equipment or tamper with the components of the Equipment in any manner, including changing physical or electronic identification information or any other reverse engineering.
(e) No Hacking: You hereby represent and warrant that you will not make any effort to compromise the integrity or privacy of the communications of others.
(f) No Theft: You hereby represent and warrant that you will not use the Equipment or any Services in any manner to avoid MTA’s charges or its policies.
(g) No Intellectual Property Rights: All intellectual property rights, including patents, copyrights, trademarks, service marks or other intellectual property rights, remain the sole and exclusive property of their respective owners. Nothing in this Agreement shall be construed as granting any of these rights to you.
(h) No Resell Rights: You shall not sell, rent, lease, distribute, or provide service to a third party using our Equipment or Services without MTA’s prior written approval.
(i) New Versions of Software: MTA has no obligation to, but may at its sole discretion, provide fixes, updates or upgrades to its firmware, software or applications.
Marketing, Pricing and Promotions
Usage Analysis: You agree that MTA may store, analyze, use, and share with suppliers, vendors and third party carriers on an aggregate basis, its customers’ (including your) calling destinations and patterns, product and feature usage, online activity, and other information (i) to customize products or services that MTA or Supplier may market to you and others; and (ii) to comply with applicable laws, rules and regulations. You also agree that MTA or Supplier may publicly disclose such aggregate calling information about MTA’s customers.
Services and Term
(a) Service: Subject to the terms and limitations in this Agreement and payment of applicable service charges, taxes and fees, your Service includes the capability to make calls within the United States subject to acceptable usage limitations. Any and all references on packaging, in sponsored advertising, on the MTA web site, in third party marketing materials and/or in any other context or location that refer to the provision “unlimited” service shall be narrowly construed as providing the customer with the ability to make calls within the United States and are subject to acceptable usage limitations. These calls will be routed using the Internet Protocol over your High-Speed Internet connection.
(b) Calling Area: Calls within the United States do not include international calls, or calls to the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, Wake Island, the Midway Islands, Kingman Reef, Johnston Island, Canada and certain other locations within the North American Numbering Plan area, nor do they include calls to content MTAs (e.g., 900, 976), premium services (such as 411) or operator assisted calls (such as 0+, 00+). Calls to Canada do not include the Northwest Territories/Yukon Territory. MTA may choose to block toll calls or charge the customer for reimbursement of charges associated with calls if such calls result in atypical termination costs and/or surcharges, including, but not limited to, calls to “free” phone conferencing services, “free” call management services, phone chat services, 900 numbers, or recorded messages (such as those promoted in connection with reality TV shows, radio contests, or celebrity-sponsored recordings). Your ability to continue to make calls is contingent upon your continuing to subscribe to a High-Speed Internet service.
(c) Term: The term for each Service will begin on the date it is activated and will continue until the Service is terminated by you or by us, as is more fully set forth herein.
(d) Service Distinction: Important distinctions exist between a telecommunications service and our Equipment and Services, and our Equipment and Services are subject to different regulatory treatment than a telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
(e) Right to Change: Our Services are subject to our business policies, practices and procedures, which can change at any time without notice. Unless otherwise prohibited by applicable law, we can change this Agreement or any other terms and conditions of your Services at any time, with or without notice. Changes may include features, prices and usage limits of the Services. MTA may, without prior notice, stop providing certain features of the Service or the Services themselves, to you or to users generally. If we do give you notice about the Terms and Conditions of your services or about changes in the Terms and Conditions of your services, it may be provided on the MTA web site, https://www.mtasolutions.com/legal/terms-of-use/ your account web page, in a newsletter, by email, by telephone or other communication permitted under applicable law. This Agreement may not be amended or modified by you.
(f) Notice: Except as stated otherwise in this Agreement, when a notice is required from us to you, we may provide that notice by email to the email address provided by you when you established your account with us. You are responsible for keeping that email address up-to-date. When you are required to give us notice, you must do so, except as stated otherwise in this Agreement, by using the notice facility on your account page provided on our web site or by speaking with a member of our customer support team.
(g) Supplier: As between MTA and MTA’s suppliers, vendors, and third party carriers, you acknowledge that MTA is solely responsible for the provision of the Services and Equipment. Supplier provides certain services to MTA, and you hereby consent to MTA transfering or otherwise making available to Supplier and its permitted sub-contractors the data you provide or create in connection with the Services to (1) enable Supplier to process the data to support the Sevices, such as (but not limited to) invoicing, order fulfillment, maintenance, continuation of services, and internal business functions, (2) to prevent, identify, investigate, or resolve technical or security problems with the Services; (3) in accordance with MTA’s or your instructions; (v) to comply with applicable laws and regulations. Supplier is the carrier of record for purposes of the Cummunications Act of 1934, and Telecommunications Act of 1996, associated regulations, and actions of the Federal Communications Commission.
(a) Service Availability: The Services and any telephone calls placed using the Equipment use the public Internet and third party networks and are provided on a commercially reasonable efforts basis. The Services are intended to be accessed and used for non-time-critical information. Things beyond our control may affect the reliability and availability of Equipment, Services, and telephone connections. Such events could include a loss of power at your location, the loss of your High-Speed Internet service, changes in the coverage of third-party cellular data networks, and fluctuations in the quality of service of the public Internet. Other things may also affect availability of Equipment and Services, such as maintenance. MTA will act in good faith to minimize disruptions to your use of and access of the Equipment, but will not provide any credits or compensation for potential business loss due to interruptions of Service or hardware failures.
(b) Outages Due to Power Failure or Disruption: All Services, including 911 Dialing, will not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Equipment and all Services, including 911, will not function until power is restored. Following a power failure or disruption, or if you move the Equipment, you may need to reset or reconfigure the Equipment prior to utilizing 911 Dialing.
(c) Service Outages Due to Internet Disruption: Service outages, service disruptions, poor quality of service, suspensions, or disconnections of service by your High-Speed Internet will prevent all Services, including 911 Dialing, from functioning.
(d) Outages Due to Status of Your MTA Account: Outages due to suspension, disconnection or termination of your MTA account will prevent the Equipment and all Services, including 911 Dialing, from functioning.
(e) Outages Due to Blocking of Ports, or Other Acts: Your High-Speed Internet MTA, or other third party, may block the communication ports over which the telephone connection is made, or otherwise impede the usage of the Equipment. If you suspect this has happened, you should alert us to this situation and we will work with you to attempt to resolve the issue. During the period that the ports are being blocked or your Equipment is impeded, your Equipment and all Services, including 911 Dialing, may not function. You acknowledge that MTA is not responsible for the blocking of ports by any third party or any other impediment to your usage of the Equipment, and any loss of capabilities of our Equipment and Services, including 911 Dialing, which may result.
(f) Other Outages: If there is an outage for any reason, such outage may prevent all Equipment and Services, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
(g) Number Porting: MTA will use reasonable efforts to facilitate the transfer of phone numbers from your current phone service to MTA. Number porting is subject to availability and coverage will vary from time to time. To complete the number porting process, MTA depends and relies on the third parties outside of MTA’s control. You agree that MTA will not be liable for any change in availability, delay or failure in the processing of your number transfer, or for the unauthorized transfer of a number you use with the MTA service.
(h) Number Changes: MTA may, from time to time, need to change a telephone number that is assigned to you. MTA will not be liable for any damages should you need to be assigned a new phone number.
(i) Storage of Information: MTA or MTA’s supliers, vendors, or third party carriers stores your call logs, voicemails, security device data and other information related to your account as a convenience to you. You agree that neither MTA nor Supplier has any obligation, responsibility or liability for the deletion or failure to store any of the aforementioned information. You agree that MTA or Supplier may establish limits, at its sole discretion, as to the amount of messages and information it retains and the duration for which it is retained.
(l) HIPPA: You acknowledge and agree that the use of the Services are not designed, intended, or recommended for use as a repository or means by which to store “protected health information,” as defined under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and similar legislation in other jurisdictions, and the regulations promulgated pursuant thereto (such laws and regulations, “HIPAA”; such information, “PHI”) on a non-temporary basis, and you represent and warrant that neither the Services nor any ancillary product or service that is a part thereof will be used for such purpose. MTA SPECIFICALLY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT YOUR SERVICES, THE ACCOUNT(S), OR THE EQUIPMENT (OR THE USE OF ANY OF THE FOREGOING BY ANY PARTY) COMPLIES OR WILL COMPLY WITH HIPAA OR ANY OTHER LAW OR WILL RENDER ANY PARTY COMPLIANT WITH HIPAA OR ANY OTHER LAW.
Acceptable Use Policy
(a) Acceptable Use Policy: We provide the Equipment and Services for normal business usage within your place of business. The use of the term “unlimited” as it appears on MTA packaging, in sponsored advertising, on the MTA web site, and in third party marketing materials, or in any other location refers to normal business phone usage as defined herein. You agree to use the Equipment only in a manner consistent with normal business usage patterns. Unlimited voice calling is intended for continuous, live conversation between two individuals. Lack of continuous conversation, unusual calling patterns, excessive caller and calling destinations and/or excessive usage will be considered as indicators that your use of the Equipment may be inconsistent with normal business usage. It may also indicate that the Equipment is being used in a manner not allowed by your Service plan and may result in review of your account and usage history. Failure to contact MTA in response to our notification and/or failure to bring usage levels to normal levels in a timely fashion will result, in MTA’s sole discretion, in immediate mandatory transfer to a calling plan that charges significantly higher per minute usage rates. You acknowledge that if Service to your Equipment is terminated for abnormal usage patterns, you are subject to all applicable usage and service fees for the time periods in which your use of the Equipment was inconsistent with normal small business usage.
(b) General Prohibited Use: You are prohibited from using the Equipment for auto-dialing, predictive-dialing, continuous or extensive call conferencing, trunking or continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), operating a call center, resale of service, fax or voicemail spamming, broadcasting or blasting. Unusually high usage may interfere with MTA’s or MTA’s suppliers, vendors or third party carriers ability to provide Services to its customers and may indicate unauthorized use of Services. You agree we have the right to suspend or terminate your Service and charge you all applicable usage and service fees if we conclude you are using the Service for a prohibited use.
(c) Unlawful and Inappropriate Use or Conduct: You shall use the Equipment and Services only for lawful purposes. You shall not use the Equipment or a Service in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or in any similar manner. If we believe that you have used the Equipment or any of our Services for unlawful or inappropriate purposes or have attempted theft or fraud, we may forward the relevant communication and other information, including your identity, to the appropriate authorities and third parties for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to those authorities and third parties. In addition, we will provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, in order to protect our rights and property, or where we believe that failure to disclose the information may lead to imminent harm to you or others.
(g) Unsolicited Advertisements and TCPA Compliance: Certain communication practices – including without limitation, the placing of unsolicited calls; the placing of commercial messages; the sending of unsolicited facsimile, internet facsimile, SMS, or other messages; and the use of certain automated telephone equipment to place certain calls – are regulated in the United States by the Federal Telephone Consumer Protection Act of 1991 (also known as the “TCPA”) (available at http://www.fcc.gov/document/telephone-consumer-protection-act-1991), the Junk Fax Prevention Act of 2005, and under a number of similar state, municipal or local laws, regulations, codes, ordinances and rules, and in Canada by the CRTC pursuant to Canada’s Anti-Spam Law (“CASL”) (available at http://laws-lois.justice.gc.ca/eng/acts/E-1.6/index.html). You agree, represent and warrant that:
- (i) You are the creator of the content of, and are solely responsible for determining the destination(s) and recipient(s) of, all outbound communications made using Services (“Customer Communication”);
- (ii) All content, communications, files, information, data, and other content provided for transmission through your account or the Services will be provided solely for lawful purposes, and in no event shall any Customer Communication or any content thereof be in violation of the TCPA, Junk Fax Prevention Act, CASL, or any other law; and
- (iii) No unsolicited advertisements, commercial messages, solicitations, marketing or promotional materials will be transmitted or distributed in the form of facsimiles or internet facsimiles through the Services.
At MTA’s sole option and without further notice, MTA may use technologies and procedures, including without limitation, filters, that may block or terminate such unsolicited advertisements without delivering them. You agree to indemnify and hold harmless MTA, and any third-party MTA(s) including Supplier from any and all third party claims, losses, damages, fines, or penalties arising: (i) out of your violation or alleged violation of the TCPA, Junk Fax Prevention Act, CASL, or any similar regulation or legislation; or (ii) otherwise related to any voicemail, text, and/or fax spam, solicitations, or commercial messages that you may send and/or receive using the Services.
(h) Privacy and Data Protection Laws: Data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Equipment and Services.. You agree that you (and not MTA) are responsible for ensuring that you comply with any applicable laws when you use the Equipment and Services, including, but not limited to, (i) any laws relating to the recording or sharing of video or audio content that includes third parties or public spaces, or (ii) any laws requiring notice to third parties, or consent or explicit consent of third parties with respect to your use of the Equipment.
Customer acknowledges and understands that it is Customer’s responsibility to determine the technology or combination of technologies best suited to meet Customer’s emergency calling needs and to make necessary provisions for access to emergency calling services (such as maintaining a conventional landline phone or wireless phone as a backup means of completing emergency calls).
Emergency Services – 911 Calling
(a) Non-Availability of Traditional 911 or E911 Calling Service. MTA E911 Service (the “E911 Service”) is a mandatory component of the Services and is only available in certain areas. Most customers have access to either Basic 911 Service or Enhanced 911 Service. The E911 Service enables Customers to communicate with emergency services by dialing 911. However, the E911 Service is different in important ways from traditional landline 911 and cellular/wireless 911, depending upon where Customer is located and the device used with the Services. Customer agrees to notify any user or potential user of the Services who may place calls using Customer’s Services of the 911 limitations described herein. Customer agrees to place a label on and/or near each telephone or other Customer Equipment on which the Services may be utilized regarding the limitations or unavailability of 911 emergency dialing.
Description of Emergency Dialing Capabilities.
How it Works. When a Customer dials 911 from a device connected to or used with the Services (a “MTA device”), the MTA phone number and the registered address Customer has provided to MTA is sent to the local emergency center serving the location of your registered address to enable emergency operators to send help and to call the Customer back, if necessary (“Enhanced 911 Service”). In some areas, emergency operators have access to this information; however, in areas where only basic 911 service is available, the emergency operator answering the call may not be able to see your MTA telephone number or your registered address. Customers in locations in which the emergency center is not equipped to receive the Customer’s telephone number and/or address have what is called “Basic 911 Service.” Customer should always be prepared to provide the emergency operator with Customer’s telephone number and location. Until the Customer gives the requisite call back and location information to the emergency operator, the emergency operator may not be able to dispatch help or return the Customer’s call. This is especially the case if the call is not completed or forwarded, is dropped or disconnected, or if the Customer is unable to speak. As local emergency centers become capable of receiving Customer’s address and call back information, MTA will automatically upgrade customers with Basic 911 service to Enhanced 911 Service. MTA will not provide notice of the upgrade. MTA does not control whether or not the emergency operator receives Customer’s telephone number and address.
No Access to Enhanced or Basic 911 Service. Certain Customers do not have access to either Enhanced 911 Service or Basic 911 Service. If Customer does not have access to Enhanced 911 Service or Basic 911 Service, the Customer’s emergency call will be sent to a national emergency call center. In such case, an agent at the emergency call center will ask the Customer for his/her name, telephone number and location and will then contact the local emergency center for such location in order to send help. Examples of situations where 911 calls will be sent to the national emergency call center include when there is a problem validating a Customer’s address, the Customer is identified with an international location, or the Customer is located in an area that is not covered by the 911 network. Until Customer gives the agent Customer’s telephone number and location, he/she may not be able to call Customer back or dispatch help to Customer’s location if the call is dropped or disconnected.
Desktop or Softphone App 911 Calls. EMERGENCY CALLS CANNOT BE PLACED THROUGH SOFTPHONES THAT ARE NOT 911-ENABLED. If Customer uses a Desktop or Softphone app, 911 calls will be routed to the local emergency center serving the 911 location that is associated with the Desktop or Softphone app. Therefore, if Customer is using the Desktop or Softphone app in a nomadic manner (e.g., from a hotel, from a home office, etc.), the Customer must update the 911 location on an ongoing basis to ensure that 911 calls will be sent to the appropriate local emergency center that serves the then current Customer location.
E911 Service Fees. Customers are required to subscribe to the E911 Service and will be subject to monthly, government-imposed fees (the “E911 Service Fees”), which are in addition to any applicable state 911 tax based on Customer’s service address and in addition to the applicable Service Fees for the associated line(s). If the E911 Service Fees are not paid, the emergency communications district in Customer’s jurisdiction may seek to collect such amounts from Customer directly. MTA does not profit from Customer’s E911 Service and the E911 Service Fees collected are turned over to the appropriate government authority pursuant to their requirements. MTA reserves the right to adjust the E911 Service Fees associated with the provision of the E911 Service to reflect increases or decreases in the costs it incurs in providing the E911 Service.
(b) Registered Location Required. Upon creation of the Customer account, MTA initially assigns all extensions and MTA devices to the physical street address on file for the Customer. Prior to activation of the Services, Customer shall: (i) register with MTA all additional 911 locations where the Services are to be used, as necessary; and (ii) assign each MTA device to one of the registered 911 locations. In some cases, one extension may have multiple MTA devices, and each such MTA device needs to be assigned a 911 location. Customer may register multiple 911 locations per account and assign all active extensions and MTA devices to such 911 locations. Individual end users may assign and re-assign their current location(s) on an as-needed basis. Customer agrees to ensure that the physical location(s) provided to MTA are correct, and to immediately update such location(s) whenever the physical location(s) of the MTA devices change. If an MTA device will be used in a different or new location, Customer must create and/or register the location for the MTA device. If Customer does not register the new location, any 911 call made from the MTA device may be sent to an emergency center near the prior, registered location. In most cases, the registration process occurs in real-time. In some cases, the registration will be referred to a 911 MTA for validation, which could take days. Customer (i) acknowledges and understands that any location information passed to emergency personnel by MTA will be based upon the physical location information provided by the Customer, and (ii) agrees to promptly assist MTA in validating a 911 location address that has been rejected by the 911 MTA. Customer will receive a confirmation email when the 911 location has been validated for: (i) the initial registered location; and (ii) for any subsequent locations submitted by Customer. If MTA is unable to validate the address Customer provides during the registration process, MTA may terminate Customer’s account.
(c) Use of Service Outside United States or Canada. Customer acknowledges that if a user of the Services calls 911 from outside the United States or Canada, the user may be instructed to hang up and call their local service MTA. Customer shall notify all users (i.e., business colleagues, employees, guests and other persons who may be present at the physical location where Customer uses the Services) that 911 may not be available outside the United States and Canada and that 911 service may be limited in comparison to traditional 911 service. For clarity, 911 service is available only in the 50 United States, the District of Columbia, and Canada, and is not provided in any US territory or in other international locations.
(d) Failure to Designate and Identify the Correct Physical Address. Customer’s failure to provide and keep current Customer’s correct physical location(s) may result in any 911 call or other emergency communication made by Customer or from Customer’s actual location (if different from the location previously supplied to MTA by Customer) being routed to the incorrect local emergency service MTA. Most post office box addresses are not eligible as a validated 911 location. Customer’s physical location(s) may NOT be a mail drop or similar address. If Customer dials 911 before Customer’s registered location has been entered in the emergency operator’s database, Customer’s call will be routed to a national emergency call center. Customer acknowledges that MTA’s only mechanism for routing 911 calls to the correct emergency call taker is the physical location currently registered for Customer’s account. Customer acknowledges and understands that any enhanced location information passed to an emergency operator by MTA will be based upon the physical location provided to MTA by Customer. In the event the physical location has not been updated or is not complete, MTA may attempt to route a 911 call based upon the bill to or ship to address associated with Customer’s account or initial order.
(e) Mobile Applications. Any MTA mobile application (each a “Mobile App”), if applicable, is not a replacement for your cellular service. However, this does not prevent you using your mobile phone for making emergency calls via your cellular carrier as normal. YOU SHOULD NOT USE YOUR MOBILE APP FOR DIALING 911 UNLESS YOU ARE LOCATED AT THE PHYSICAL ADDRESS THAT YOU HAVE REGISTERED FOR THE PHONE NUMBER ASSOCIATED WITH YOUR MOBILE APP. IF YOU DIAL OR TEXT 911 WHEN USING YOUR MOBILE APP, YOUR CALL WILL BE ROUTED TO THE EMERGENCY CALL TAKER ASSOCIATED WITH THE PHYSICAL LOCATION YOU HAVE REGISTERED FOR THE PHONE NUMBER ASSOCIATED WITH THE APP. TO ENSURE PROPER CALL ROUTING, WHEN MAKING 911 CALLS WITH YOUR MOBILE DEVICE, YOU SHOULD MAKE SUCH CALLS USING YOUR CELLULAR CONNECTION AND NETWORK THROUGH YOUR CELLULAR CARRIER.
- Power Failure or Disruption. Emergency dialing will not function in the event of a broadband, power or ISP Service failure or disruption. If there is an interruption in the power supply, a power surge or a power failure, the Services and emergency dialing will not function until power is restored. A power failure, power surge or power disruption may require Customer to reset or reconfigure equipment prior to using the Services or being able to make emergency 911 calls.
- Service Suspension or Termination by MTA. A Services outage or suspension (including, without limitation, suspension of Services due to billing issues or delinquent or unpaid invoices) or termination of Services by MTA will prevent ALL calls from being made through the Services, including the ability to make emergency 911 calls.
- Other Service Outages. If there is a Services outage for ANY reason, such outage will prevent ALL calls from being made through the Services, including the ability to make emergency 911 calls. Such outage may occur for a variety of reasons, including, without limitation, those reasons described elsewhere in this E911 Notice or the Agreement.
Automated Number Identification.
Due to limitations at public-safety answering points (“PSAP(s)”), it may not be possible for the PSAP and the local emergency personnel to identify Customer’s telephone number (or the number assigned by MTA) when Customer dials 911 via the Services. PSAP and emergency personnel may be unable to identify Customer’s telephone number in order to call Customer back in the event that an emergency call is unable to be completed, is dropped or disconnected, or if a caller is unable to speak to provide the telephone number from which the caller is calling, and/or if the Services is not operational for any reason including, without limitation, the reasons and situations listed elsewhere in this E911 Notice or the Agreement.
Automated Location Identification.
Due to limitations at PSAPs, it may not be possible to transmit identification of the Customer physical location address to the PSAP and local emergency personnel for Customer’s area when Customer or any caller at Customer’s premises dials 911. A caller must state the nature of the emergency promptly and clearly, including the caller’s specific physical location, as PSAP and emergency personnel may NOT have this information. PSAP and emergency personnel may not be able to find a caller’s location if the call is unable to be completed, is dropped, or disconnected, or if the caller is unable to speak to provide the location from which the caller is calling and/or if the Services are not operational for any reason including, without limitation, those reasons and situations listed elsewhere in this E911 Notice or the Agreement.
(a) Disclaimer of Liability and Indemnification: WE DO NOT HAVE ANY CONTROL OVER WHETHER, OR THE MANNER IN WHICH, CALLS USING OUR 911 DIALING SERVICES ARE ANSWERED OR ADDRESSED BY ANY EMERGENCY RESPONSE CENTER. WE DISCLAIM ALL RESPONSIBILITY FOR THE ABILITY OF THE EQUIPMENT TO CONNECT TO AN EMERGENCY RESPONSE CENTER, THE CONDUCT OF THE EMERGENCY RESPONSE CENTER AND THE NATIONAL EMERGENCY CALLING CENTER. WE RELY ON THIRD PARTIES TO ASSIST US IN ROUTING 911 CALLS TO EMERGENCY RESPONSE CENTERS AND TO A NATIONAL EMERGENCY CALLING CENTER. WE DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT. WE DO NOT HAVE ANY CONTROL OVER THE INTERNET CONNECTION OR MOBILE TELEPHONE CARRIER SERVICES UTILIZED BY YOU, NOR WHETHER YOU REGISTER ANY OF THE EQUIPMENT, ENTER IN THE CORRECT INFORMATION WHILE PROGRAMMING ANY OF THE EQUIPMENT ONLINE, TEST THE FUNCTION AND RANGE OF ANY OF THE EQUIPMENT AND THE MTA SERVICES, OR CHARGE THE EQUIPMENT, IF APPLICABLE. NEITHER MTA NOR ITS OFFICERS OR EMPLOYEES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO OUR 911 DIALING SERVICE. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS MTA, SUPPLIER, ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND ASSIGNS, AND ANY OTHER SERVICE MTA WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE EQUIPMENT OR SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY RELATING TO THE ABSENCE, FAILURE, OR OUTAGE OF THE EQUIPMENT, INCLUDING 911 DIALING, INCORRECTLY ROUTED 911 DIALING CALLS, AND/OR THE INABILITY OF ANY USER OF THE EQUIPMENT TO BE ABLE TO USE 911 DIALING, OR ACCESS EMERGENCY SERVICE PERSONNEL. IF YOU ARE NOT COMFORTABLE WITH THE LIMITATIONS OF THE 911 DIALING SERVICE, YOU SHOULD HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.
(b) Limitations on E911 Access: . E911 service is subject to availability within your calling jurisdiction. With E911 service, when you dial 911, your telephone number, and the service address you registered with MTA is simultaneously sent to the local emergency center assigned to your location. Emergency operators have access to the information they need to send help and call you back, if necessary. Customers in locations where the emergency center is not equipped to receive, capture, or retain your telephone number and address have basic 911 or limited E911. In addition, you may receive basic 911 or limited E911 if you are assigned a telephone number associated with a different geographic area than the one where you are using the Equipment, or if you dial 911 before your registered location has been entered in the emergency operator’s database. With basic 911 or limited E911, the local emergency operator answering the call may not have your call-back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak. Certain customers may not have access to either basic 911 or E911. If you don’t have access to basic 911 or E911, your 911 call will be sent to the national emergency call center. A trained agent at the emergency call center will ask for the name, telephone number, and location of the customer calling 911, and will contact the local emergency center for such customer in order to send help. Examples of situations where 911 calls will be sent to the national emergency call center include when there is a problem validating a customer’s address, the customer is identified with an international location, or the customer is located in an area that is not covered by the landline 911 network. Emergency personnel do not receive your phone number or physical location when your 911 call is routed to the national emergency call center. You authorize us to disclose your name and address to third parties involved with providing 911 emergency services to you, including but, not limited to, call routers, call centers, and local emergency centers.
VoIP 911 LIMITATIONS AND RESTRICTIONS FOR 911 ACCESS. THE SERVICE’s 911/ E911 ACCESS COMPONENT DOES NOT HAVE THE SAME FUNCTIONALITY OR AVAILABILITY AS THAT ASSOCIATED WITH TRADITIONAL WIRELINE 911/ E911 SERVICES and is subject to certain limitations and restrictions including those described herein. IN ADDITION TO THE BELOW, THERE CAN BE A GREATED POSSIBLIIYT OF NETWORK CONGESTION AND/OR REDUCED SPEED IN ROUTING OF A 911 DIALING CALL MADE UTILIZING VOIP SERVICE/EQUPIMENT AS COMPARED TO TRADITIONAL 911 DIALING OVER PUBLIC TELEPHONE NETWORKS. CUSTOMER AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICE OF THE 911/ E911 LIMITATIONS DESCRIBED HEREIN. Customer acknowledges, and is hereby on notice, that the 911/ E911 ACCESS portion of THE Service will not function or will not function properly for any of the reasons detailed BELOW and represents and warrants it has BEEN INFORMED BY MTA OF THE REASONS TO HAVE at least one backup method of accessing 911/e911 service, such as a circuit-switched TDM telephone or CELLULAR telephone, per customer location.
- a. Loss or interruption of electrical power to Customer’s VoIP telephone, its ATA, Modem, Router, Switch or any other devices in the critical path from Customer’s VoIP handset to the MTA switching center at the user’s location. The user will not be able to use the Service for calls (including “911”) during such a power interruption or outage. Following the power interruption or outage, users may find it necessary to reset or reconfigure the Service prior to being able to use the Service for making and receiving calls, including “911” calls.
- b. Loss or interruption of Internet access at the user’s location.
- c. Failure of the user’s broadband or VoIP hardware (including without limitation Phones).
- d. Failure of the user’s broadband or VoIP software (including without limitation soft phones).
- e. Improperly installed or configured user broadband or VoIP hardware.
- f. Improperly installed or configured user broadband or VoIP software (including without limitation soft phones).
- g. Suspension, disconnection, or termination of the Service for any reason, including without limitation (i) for failure to pay or default, or (ii) failure of the Service to function for any reason.
- h. Customer failed to provide MTA with any physical location of the MTA served VoIP handset-user, or failed to provide the correct physical location of same (i.e., the address is incorrect, incomplete, abbreviated, or misspelled).
- i. Customer failed to update the user’s physical location with MTA when the user moved or changed location/address.
- j. The user attempts a 911 call via a MTA served VoIP handset or a mobile application from a location/address different than the location/address registered with MTA.
- k. The user attempts a 911 call outside of the United States or Canada.
- l. For the purposes herein (911/E911), the terms “location” and “address” shall be understood to designate information necessary to generate a proper Automatic Location Identification record ensuring proper routing to and from the proper PSAP for the call’s originating location. Such location and address may include but not necessarily limited to the street name and number, building, unit, and zip code (e.g. Unit B-22, 1111 North Main Street, Anywhere, State, 99999).
(c) Registration of Physical Location Required: For each phone line or user account that you utilize with the internet-only service, you must register with MTA the physical location where you will be using the Equipment with that phone line or user account. Your initial location will be registered as a part of new Equipment registration when you receive a new phone number from us. It is incumbent on you to confirm the accuracy of your physical address via your online account if you make any changes, additions, or transfer phone numbers to your account. If we cannot validate the address you provide during the registration process, your 911 call will be sent to the national emergency call center as described in section 9(b) above. If you move the Equipment to another location it should work without further registration, but you still MUST update your physical address in order to ensure proper 911 Dialing function. If you do not update your location, any 911 calls you make may be routed to an emergency center near your old address and may result in help being sent to the wrong location. Should you choose to use the MTA system overseas, you will not have access to emergency calling.
(d) Business Service: The customer who registers the Equipment location and who will have administrative access to the Administrative Portal is the administrator (the “Administrator”). The Administrator may update your main office location by logging into the online Administrative Portal. If you use the multi-site feature, you must register with MTA each physical location for each respective user account. As the Administrator, you agree and understand it is your responsibility to confirm the accuracy of the physical address for each user account and to make any changes or additions needed for each user account. If you are assigned a user account, it is your responsibility to notify the Administrator of any changes or inaccuracies to the physical address associated with your user account.
(e) Notify All Users: You should inform all residents, guests, and other third persons who may be present at the physical location where you utilize Services of the important distinctions and limitations of national emergency 911 Dialing as compared with landline 911. You should inform all Alert Contacts of the key aspects of the 911 Alerts feature and that their email and/or mobile phone number is listed as a contact for the service.
Additional Terms of Equipment and Service
(a) No Life Safety or Critical Uses of the Products and Services: You acknowledge and agree that the Equipment and Services, whether standing alone or when interfaced with third-party products or services, are not certified for emergency response. MTA makes no warranty or representation that use of the Equipment or Services with any third-party product or service will affect or increase any level of safety. YOU UNDERSTAND THAT THE EQUIPMENT AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. FURTHER, YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL MTA DISPATCH EMERGENCY SERVICES TO YOUR HOME IN THE EVENT OF AN EMERGENCY.
(b) Reliability of Services: You acknowledge that the Services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available. Proper functioning of the Services relies and is dependent on, among other things, the transmission of data through your wi-fi network, enabled wireless device (such as a phone or tablet) and broadband internet access, or optional cellular backup service, for which neither MTA nor any wireless or data carrier is responsible, and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively, “Service Interruptions”). You understand that Service Interruptions may result in the Services being unreliable or unavailable for the duration of the Service Interruption. We cannot and do not guarantee that you will receive notifications within any given time, or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR MTA EQUIPMENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY-NOTIFICATION SYSTEM. There is no way for MTA to provide specific information relating to a situation in your home or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
(c) Service Interruptions; no refund or rebate: The Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. MTA does not offer any specific uptime guarantee for the Services.
(d) Privacy and Security: The calling capability and our Services use the public internet, third party networks, and inside wiring in customers’ premises to transmit communications. We have engineered our Equipment and Services to minimize the risk of any loss in privacy when using such systems. You acknowledge, however, that we cannot guarantee that your communications are completely secure. We respect your privacy and treat the content of all communications as private, except as may be required by law.
(e) International Usage: The MTA system has been designed to support installation and use in the U.S. and Canada with a U.S. or Canadian, as applicable, High-Speed Internet service MTA. We currently only provide U.S. and Canadian phone numbers and cannot guarantee installation, performance, or use of MTA Equipment and Service outside the U.S. and Canada If you choose to install and use the MTA system outside of the United States and Canada, you will be solely responsible for any violation of any export laws, tax laws, tariff agreements, U.S., Canadian or foreign regulatory rules, U.S., Canadian, or local laws, or violation of your high-speed internet MTA’s terms of service. You will also be accountable for payment of any taxes, fees, penalties, and/or surcharges associated with use of the MTA system outside of the United States and Canada. MTA reserves the right to suspend Service to any non-U.S. or non-Canadian based system at any time.
(f) Voice-to-Text Limitations: Some MTA Services provide a function that allows voicemails to be converted to text. You understand and agree that this voice-to-text conversion may not be accurate and you are responsible for listening to the original voicemail to verify the accuracy of the conversion. Certain Services utilize human-aided conversions and, as a result, the privacy of your message and its content cannot be guaranteed. You hereby release all claims against MTA and its third-party MTAs with respect to the voice-to-text service.
(g) May Not Support x11 Calling: The Equipment, if not connected to a landline, may not support 311, 511 and/or other x11 services in one or more (or all) service areas (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement, and 711, which is used to access telecommunications relay services). To keep all of these services, please have your Equipment, if your Equipment is capable of doing so, connected to a landline.
(h) No 0+ or Operator Assisted Calling: The Equipment, if not connected to a landline, does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling card calls).
(i) Third-Party Products and Services: We assume no obligation to provide support services for any third party products or services, or for problems with our service caused by third party products or services unless other required under law or contractual obligations.
(p) Voice Recording and Call Monitoring: If you utilize call recording, you acknowledge that there are federal and state law governing the electronic recording of telephone conversations and that MTA is not liable for any illegal use of the Services. Many jurisdictions require advance notice or consent for electronic voice recording and/or third-party call monitoring. It is your responsibility to determine and comply in full with your own compliance obligations. No Services or Equipment offered by MTA are represented or warranted to comply with electronic recording laws.
Termination of Services
(a) By Us: We may terminate any or all of your Services or use of your Equipment at any time if any charge by us to your credit or debit card is declined or reversed, if your credit or debit card expires or is cancelled and you have not provided us with a valid replacement credit or debit card, or if you otherwise fail to pay any charges, taxes, or fees. Any attempt to use or use of a stolen credit or debit card will result in termination of all of your Services and use of your Equipment. We may terminate your use of the Equipment or of any or all Services if you fail to pay undisputed charges after they are due or within 5 business days after we have notified you that, in our sole but reasonable discretion, such disputed charges are valid and should be paid. We may terminate or modify your use of the Equipment or of any or all Services immediately if we determine, in our sole and absolute discretion, that you violated any of your obligations in this Agreement or that you violated the license granted in Section 4. We may terminate any element of the Services provided to you (but not your use of the Equipment for unlimited calling) for any other reason or no reason by providing notice to you of at least 10 working days.
(b) Phone Number: The phone number assigned to your account may be re-assigned if your Services are terminated by you or by MTA. If you wish to transfer your phone number to another service, you must do so prior to your Services being terminated, otherwise your phone number may not be available for transfer.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OR ANY SERVICE. THIS DISCLAIMER OF WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE EQUIPMENT OR ANY SERVICES WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA, OR INFORMATION, OR THAT THE FIRMWARE OR SOFTWARE IS ERROR FREE. ANY STATEMENTS AND DESCRIPTIONS CONCERNING THE EQUIPMENT OR SERVICES BY MTA OR ITS AGENTS OR REPRESENTATIVES ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitations of Liability and Indemnification
(a) Direct Damages: YOU UNDERSTAND AND AGREE THAT NEITHER MTA NOR SUPPLIER IS RESPONSIBLE FOR, AND EACH DISCLAIMS ALL LIABILITY FOR, RELATED TO, OR ARISING OUT OF, YOUR FAILURE TO (I) REGISTER THE EQUIPMENT, (II) ENTER IN THE CORRECT INFORMATION WHILE PROGRAMMING THE EQUIPMENT ONLINE, (III) TEST THE FUNCTION AND RANGE OF THE EQUIPMENT AND THE SERVICES, OR (IV) CHARGE THE EQUIPMENT, IF APPLICABLE. THE LIABILITY OF MTA, SUPPLIER, AND ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ASSIGNS, OR ANY OTHER SERVICE MTA WHO FURNISHES SERVICES TO YOU OR US IN CONNECTION WITH THE SERVICE, SHALL BE LIABLE TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF MTA RELATED TO THIS AGREEMENT, INCLUDING ACTS OR OMISSIONS RELATED TO THE SERVICES OR 911 DIALING, LIMITED IN AMOUNT TO THE TOTAL OF MTA’S CHARGES COLLECTED FROM YOU DURING THE ONE (1) MONTH PERIOD PRECEDING THE ACT OR OMISSION AND SHALL BE FURTHER LIMITED TO RECOVERY OF ACTUAL DAMAGES TO REAL OR TANGIBLE PERSONAL PROPERTY OR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY MTA’S INTENTIONAL MISCONDUCT OR RECKLESSNESS. MTA AND SUPPLIER SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES RESULTING FROM FORCE MAJEURE EVENTS SUCH AS (BUT NOT LIMITED TO), ACTS OF NATURE, STRIKES, FIRE, WAR, RIOT, ACTS OF TERRORISM, GOVERNMENT ACTIONS; LOSS OF POWER TO YOU; INSTALLATION WORK PERFORMED BY YOU OR BY THIRD PARTIES, OR ANY ACT OR OMISSION BY YOU OR ANY PERSON USING THE EQUIPMENT OR SERVICES PROVIDED TO YOU ; EQUIPMENT, NETWORK OR FACILITY FAILURE, SHORTAGE, UPGRADE, RELOCATION OR MODIFICATION; AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE MTA, VENDOR, OR OTHER THIRD PARTY, INCLUDING BLOCKING OF PORTS BY YOUR ISP OR HIGH-SPEED INTERNET SERVICE MTA OR OTHER IMPEDIMENT TO USAGE OF THE EQUIPMENT OR SERVICES CAUSED BY ANY THIRD PARTY; OR ANY OTHER CAUSE THAT IS BEYOND OUR REASONABLE CONTROL.
(b) Indirect, Consequential Damages: MTA, SUPPLIER, AND ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ASSIGNS, OR ANY OTHER SERVICE MTA WHO FURNISHES SERVICES TO YOU OR US IN CONNECTION WITH THE SERVICE, SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES ARISING FROM OR IN CONNECTION WITH PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, OR THE USE OR INABILITY TO USE THE SERVICE OR ANY OF THE EQUIPMENT, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE, OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES INCLUDING CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
(c) Indemnifications: In addition to the indemnification provisions above, you shall defend, indemnify, and hold harmless MTA, Supplier, and its and their officers, directors, employees, affiliates, agents, assigns, and any other service MTA who furnishes services to you or us in connection with the use of the Equipment and Services, from any and all claims, suits, actions, judgments, losses, damages (direct, indirect and consequential), fines, penalties, costs, and expenses (including, without limitation, attorney’s fees) by or on behalf of you or any third party (other than your local telephone service company) relating to:
- (i) The use of the Equipment and Services;
- (ii) Any violations of your obligations under this Agreement;
- (iii) The violation of applicable laws, regulations or the terms of this Agreement,
- (iv) The transmission of any messages, content, images or other information,
- (v) Any claims for infringement of any intellectual property rights arising from or in connection with use of the Services, or
- (vi) Any harm to any person resulting in the personal injury or death of any person or in damage to or loss of any tangible or intangible property (including data).
You agree to comply fully with all relevant export laws and regulations of the United States, including, but not limited to, the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security (the “U.S. Export Controls”). Without limiting the generality of the foregoing, you expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of the Equipment or Services or any direct product thereof to any destination, company, or person restricted or prohibited by U.S. Export Controls.
TCPA Consent & Privacy
Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your Services, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your Services. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.
Your cellular or mobile telephone carrier will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future.
We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for training and quality monitoring purposes.
(a) Survival: The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
(b) Third Party Beneficiaries: The Supplier is a third-party beneficiary to this Agreement and is entitled to the rights and benefits hereunder and may enforce the provisions hereof as if it were a party hereto.
(c) Governing Law: This Agreement and the relationship between you and us are governed by the laws of the state of Alaska without regard to its conflict of law provisions.
(d) Copyrights, Service Marks, and Trademarks: The Equipment and each of our Services and any firmware or software used to provide the Services or provided to you in conjunction with our Services, or embedded in the Equipment, and all Services, information, documents, and materials on our web site are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All of the web sites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “Marks”) are and will at all times remain the exclusive property of their respective owners. Nothing in this Agreement grants you the right or license to use any of the Marks.
(e) Entire Agreement: This Agreement, including any future modifications constitute the entire Agreement between you and us and governs the use of the Equipment and Services by you, your employees, and guests. This Agreement supersedes any prior agreement between you and us and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. In the event of a conflict, the documents would take the following precedence: (1) the service order, but only as to the services in that order; (2) the Agreement; (3) the attachments; (4) the end user terms and conditions; and (5) all other posted policies. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
(f) Severability: If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
(g) No Waiver Rights: Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
(h) Assignment: You may not assign your rights or delegate any of your duties under this Agreement, and any attempted assignment or delegation without such consent will be void. This agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.
(i) No Agency: Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship.