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 Telecom 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.
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.
Updated December 17, 2019
Matanuska Telecom 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:
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 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):
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 Telecom 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.
READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SERVICES.
These Terms and Conditions constitute an agreement (this “Agreement”) between Matanuska Telecom 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.
(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.
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.
(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) HIPAA: 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.
(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:
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.
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.
(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.
(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.
(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.
(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:
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.
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.