By indicating your acceptance of these terms and conditions, you ("Subscriber" or "You") acknowledge and agree to be bound by the provisions of this agreement for the use of the NumberBarn services ("services") provided by NumberBarn, LLC, ("NumberBarn"). If you are not willing to be bound by these terms and conditions do not click the box next to "I Agree to the Terms of Service" box. By clicking this box or by using or accessing the service, you agree to be bound by the following terms and conditions. If You are ordering Voice Service (as hereinafter defined) do not click the box unless and until you have read, understood and agree to the provisions regarding Voice Service contained in the VoIP Addendum attached to these Terms of Service, including without limitation, the terms and disclaimers regarding 911 services.
In response to the Children's Online Privacy Protection Act ("COPPA") we require that subscriber be at least 13 years old to use NumberBarn services.
Effective upon acceptance of this Agreement, NumberBarn hereby grants to Subscriber a personal, nonexclusive, nontransferable, revocable license to access and use the Services (as defined below), for Subscriber's use. Subscriber shall have no right to sell, resell, reproduce, duplicate, copy, distribute, create derivative works or exploit for commercial purposes, any portion of the Services, access to the Services, or use of the Services nor make any claim that it does have such right. The services provided by NumberBarn hereunder may include Voice over Internet Protocol ("VoIP" or "Voice Service"), may allow Subscriber to perform various online messaging and communications functions (the "Call Management Service," collectively with the Voice Service, the "Services"). The particular Services subscribed to by Subscriber shall be identified in Subscriber’s order. Unless explicitly stated otherwise, any new features provided by NumberBarn that augment or enhance the current Services shall also constitute "Services" and shall be subject to these terms and conditions.
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND NUMBERBARN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. NUMBERBARN MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY SUBSCRIBER.
NUMBERBARN MAKES NO WARRANTY THAT THE SERVICES WILL MEET SUBSCRIBER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NUMBERBARN IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.
NUMBERBARN DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. SUBSCRIBER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT SUBSCRIBER'S SOLE RISK AND DISCRETION AND NUMBERBARN WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER OR SUBSCRIBER'S PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM NUMBERBARN, IT'S EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO SUBSCRIBER.
As between the parties, NumberBarn shall retain all right, title and interest to the Services including all copyrights, trademarks, patents and all other intellectual property rights thereto, including without limitation with respect to all technology and telephone numbers used in connection with or provided as part of the Services. Subscriber may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. Subscriber may not allow any third party to access the Services for any purpose whatsoever. The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under this Agreement. Subscriber may not grant any sublicense, lease or other right in the Services to any third party. All rights not expressly granted under this Agreement are retained by NumberBarn.
Use of the Call Management Service will permit You to port to NumberBarn an unlimited number of telephone number(s) or, obtain telephone number(s) directly from NumberBarn and either (i) cause any inbound call to such number(s) to forward to any other number that you control, (ii) initiate an outbound call from a telephone number that You obtain (or port to NumberBarn); (iii) display a number that You obtain (or port to NumberBarn) on an outbound call initiated from any other number that You control, (iv) play for the caller to such number a recorded response. The Voice Service will additionally allow You to place and receive calls through the telephone number ported to, or assigned to You by, NumberBarn. If NumberBarn at any time permits You to set the displayed name (the "Displayed Name" or "CNAM") associated with any telephone number(s), You are fully and exclusively responsible for the accuracy of the Displayed Name, which will be a fair and accurate representation of Your identity.
The ability to make a 911 call is available only through the Voice Service. You cannot text utilizing the Services.
Subscriber agrees to provide true, accurate, current and complete data to NumberBarn upon signing up for the Services and at subsequent times as requested by NumberBarn. If You subscribe to Voice Service, the required information includes the physical location(s) at which Subscriber, and any person accessing the Voice Service through Subscriber’s account, use the Voice Service. You agree to provide such location information in accordance with the Voice Addendum.
Subscriber is solely responsible for the maintaining the confidentiality of Subscriber's password and PIN, and will be responsible for all transactions and activities that occur as a result of Subscriber's disclosure of such password and/or PIN, whether or not such transactions and/or activities were authorized by Subscriber.
Subscriber shall not give account information to third parties and shall at all times be responsible and liable for any transactions or activities that occur on Subscriber's account.
To maintain or improve the Services, to prevent fraud, or for any other reason determined by NumberBarn, its sole discretion, NumberBarn may restrict, suspend, terminate or modify Subscriber's service with or without notice. Upon any termination in accordance with the foregoing, NumberBarn may immediately deactivate or delete Subscriber's account and all related information and files in Subscriber's account, reassign any telephone numbers associated with the account, and/or bar any further access to such files, information, or the Services.
NumberBarn shall not be liable to Subscriber or any third party for any reason for terminating this Agreement or access to Services or for modifying this Agreement and/or the Services.
IN NO EVENT SHALL NUMBERBARN BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. NUMBERBARN'S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE LICENSE FEE PAID BY SUBSCRIBER FOR THE SERVICES, IF ANY.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
Subscriber shall indemnify and hold harmless NumberBarn, its directors, officers, employees and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent acts, omissions or willful misconduct by Subscriber, Subscriber's use of the Services and/or any breach of the terms and conditions of this Agreement by Subscriber.
NumberBarn makes no representation that materials on its web site(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Subscriber agrees to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which Subscriber resides.
During the term of this Agreement, NumberBarn may modify or discontinue the Services at any time and with or without notice to Subscriber, subject to any applicable laws. Without limiting the generality of the foregoing, NumberBarn may, from time to time, with or without notice and at its sole discretion, establish or change various practices, limitations and restrictions for administering such Services, including without limitation: (a) how often all or a part of the Services or account may be accessed; (b) the duration of any access; (c) the maximum number of days that messages or postings will be retained; (d) the maximum number of messages or postings allowed; (e) the size and nature messages and postings; (f) the maximum storage space available for an account; and (g) any other matter related to the administration of the Services. Subscriber agrees that NumberBarn shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of emails, voice mails, communications, postings, data or information as a result of, or arising out of, administration of the Services, whether or not Subscriber is given prior notice thereof.
NumberBarn may delete accounts that are inactive for an extended period of time as determined by NumberBarn in its sole discretion. NumberBarn may delete pending accounts that have not yet been validated by Subscriber after a period of time as determined by NumberBarn in its sole discretion. NumberBarn shall not be liable to the Subscriber or any third party for any reason for NumberBarn modifying or terminating the Services, in whole or in part. Subscriber is responsible for creating a back-up copy of any important or critical information that is stored on the Services. NumberBarn shall not be responsible or liable in any way for any information or data loss in connection with the Services.
NumberBarn reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service or its successor site.
Use of the Services signifies Subscriber's agreement to all terms, conditions and notices contained or referenced herein. Continued use of any part of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes, and all changes shall thereupon become binding upon the Subscriber. If Subscriber does not agree to the changes, Subscriber shall immediately cease all use of the Services.
Subscriber may be required to pay monthly subscription charges, enhanced service charges, and/or usage charges in connection with the Services, as stated by NumberBarn. There may be additional fees if Subscriber requests a change in any Services. Depending upon the level of Services selected by Subscriber, there may be charges for calls to or from certain locations, including without limitation payphones, calls placed, and areas within extended calling zones. There may also be applicable taxes, surcharges, assessments, government fees and charges for any Services, including special or enhanced services, Subscriber uses. Any of the foregoing may be billed to Subscriber when they reach a limit as NumberBarn determines at its sole discretion. Certain taxes and fees that are or may be applicable to the Voice Service are identified in the Voice Addendum. You agree to pay all such taxes, surcharges, assessments, government fees and charges for the Services to which You subscribe, as invoiced by NumberBarn.
NumberBarn will charge Subscriber the rates in effect under Subscriber's subscription plan, plus any enhanced service charges at the time of subscription, as such rates may be updated by NumberBarn from time to time. Some charges (such as, but not limited to, surcharges) may accumulate in Subscriber's account before Subscriber is charged for such amounts, or such amounts may be charged to Subscriber as assessed. If Subscriber has enrolled in a then-current subscription plan and chooses to change the plan, and if there are one or more days remaining on Subscriber's current subscription, Subscriber will be credited for those days in the calculation of Subscriber's charges. Subscriber's billing cycle starts on the day the subscription purchase is successfully processed. If there is a change in subscription plan, there may be a resulting change in Subscriber's billing date.
Subscriber agrees that all payments will be made to NumberBarn via credit or debit card, issued by a US bank, including MasterCard, VISA®, American Express®, or Discover®. NumberBarn may change the credit cards accepted at any time, at its sole discretion. Subscriber's name and address as it appears on Subscriber's NumberBarn account must also be on the credit account from which Payment is made. If Subscriber provides a credit card number that NumberBarn accepts for payment of Subscriber's monthly bills, Subscriber is authorizing NumberBarn to charge the amounts Subscriber owes, then or later, to that credit card account and to demand immediate payment from the card issuer. Subscriber also agrees to pay, under the terms of Subscriber's agreement with the card's issuer, the amounts charged to Subscriber's credit card. Every time Subscriber uses NumberBarn Services, Subscriber re-affirms that NumberBarn is authorized to charge Subscriber's card. Subscriber agrees to authorize NumberBarn to charge purchases made online to the credit card account supplied to NumberBarn when the subscription was initiated, or the card that NumberBarn has on file when the purchase is made. Subscriber agrees to pay all costs and expenses, including without limitation attorney's fees, incurred by NumberBarn to collect any monies due under terms of this Agreement.
Due to the nature of NumberBarn's Services, returns, refunds or replacements are not always possible. NumberBarn's Call Management Service is a marketplace/search engine that aggregates phone numbers from various vendors and suppliers. Subscriber's selected phone number is secured on behalf of the Subscriber directly from NumberBarn's vendors who retain their own return policies. Within 48 hours, purchase price can be refunded minus a 25% restocking fee. Phone numbers priced $100 or more are not eligible for a refund once order has been placed. Not all phone numbers are available to be transferred to any carrier. Subscriber will need to confirm with their preferred carrier first if they will accept the Subscriber's selected number(s) before purchasing.
Subscriber shall be solely liable for any transmissions sent through the Services. NumberBarn has no control over the content of any transmission nor will it be liable for such content.
NumberBarn has the right to restrict termination to any telephone numbers in its sole discretion, to the extent permitted by law. These may include, but are not limited to certain geographic locations, special services numbers, satellite telephony services, and other call forwarding services. Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, violative of any third party's rights, or illegal. Further, Subscriber will abide by all rules, regulations, procedures and policies of NumberBarn and any policies of the networks connected to the Services. Subscriber agrees to abide by all applicable local, state, national, foreign and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's account or password, including the content of Subscriber's transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to: Use the Service in connection with chain letters, junk email, voice mail, faxes, spamming or any duplicative or unsolicited messages (commercial or otherwise); Harvest or otherwise collect information about others, including email addresses, without their consent; Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; Violate any U.S. or foreign law regarding the transmission of technical data or software exported through the Service;
Interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Service, through password mining or any other means; Interfere with another member's use and enjoyment of the Services or another entity's use and enjoyment of similar services.
NumberBarn's plans and other Services, including unlimited plans, are offered with the following restrictions:
All plans and other Services, including unlimited plans, also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services):
Some of NumberBarn’s plans and other Services offer "unlimited use", such as “unlimited minutes” or “unlimited SMS”. The term "unlimited use" means that there are no minute caps or overages for domestic calling on a single line (e.g. a single conversation at a time). These plans are intended to forward calls to a single individual, and are not designed for situations involving multiple simultaneous calls, such as forwarding to a call center, private branch exchange (PBX), hunt group, or key system. "Unlimited use" means one unlimited line, not unlimited minutes on unlimited lines. When an unlimited line is in use, a second call may come in and notify the callee of the new call ("call waiting"), but subsequent simultaneous calls will go directly to voicemail on NumberBarn’s system.
In addition, unusually high usage of the Services may impair NumberBarn's ability to provide high quality Services to others and/or indicate unauthorized use of the Services, in which case NumberBarn may suspend or terminate Your Account or, upon prior notice, convert Your Account to a metered calling plan that charges significantly higher usage rates.
Unlimited Plan. NumberBarn offers unlimited monthly plans for some of its products and Services. An unlimited plan provides You with a local or toll-free telephone number and is subject to the terms and restrictions of the Use Policy set forth above and other restrictions described in this Agreement. If, for any reason, NumberBarn believes that You are using the unlimited plan for a prohibited purpose and/or Your call usage violates the Use Policy, then NumberBarn may, in its sole discretion with or without notice, either terminate Your unlimited plan or immediately convert Your unlimited plan to a metered plan, as set forth above.
NumberBarn does not warehouse, or hoard telephone numbers, as defined by the FCC.
Our search results include phone numbers that are aggregated from dozens of sources and then distilled using our proprietary search algorithm. In general, NumberBarn does not own, nor hold any title to, listed telephone numbers until a bonafide subscriber establishes service through our website. Activation (setup) fees are not to be construed as the "purchase price" of a phone number; these fees cover the development and operational costs of our search engine service, as well as costs associated with service establishment through our underlying carriers/vendors.
Although it is rare, there is a chance that inventory reported herein may not be available due to database timing or other factors. Because availability is not guaranteed, you should make no assumptions about numbers that you order until we have notified you that your order is complete, and until you have placed a test call to verify operation of your new numbers. Our liability for unavailable numbers is limited to the cost paid for the number, and we are not responsible for any consequential damages such as printing or marketing costs.
NumberBarn partners or interconnects with registered carriers to terminate calls to the Public Switched Telephone Network ("PSTN") and will audibly identify such carriers as the carrier providing such services where required by local or federal regulations. This Agreement, including any documents incorporated herein by reference, merges all prior written and oral communications and defines the entire agreement of the parties concerning the Services. In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the parties. All notices under this Agreement shall be in writing and delivered by email or in writing. This Agreement shall be construed in accordance with the laws of the State of California without regard to its conflict of law provisions. Each party submit to the exclusive jurisdiction of the state and federal courts located in California, and irrevocably waive any right that such party may have to assert the such forum is not convenient or that any such court lacks jurisdiction. Subscriber agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause NumberBarn irreparable harm and NumberBarn may obtain injunctive relief as well as seek all other remedies available to NumberBarn in law and in equity. Subscriber shall not transfer or assign this Agreement or Subscriber's rights under this Agreement. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives. The failure of NumberBarn to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it in any way affect the validity of this Agreement. The provisions of this Agreement relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this Agreement for any reason. The U.N. Convention for the Sale of Goods shall not be applicable to this license of the Services to Subscriber.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
This Addendum is entered into and is a part of the agreement (the “Agreement”) between NumberBarn and you or the entity you represent (“You” or “Subscriber”) for Voice Service, and is incorporated into and made a part of the Terms of Service posted at NumberBarn’s website. Capitalized terms not defined in this Addendum will have the meaning attributed to them in the Terms of Service. Except as otherwise expressly stated herein, this Addendum supplements the Agreement and Terms of Service and does not modify, amend or limit any provision thereof.
READ THIS ADDENDUM CAREFULLY, IN ITS ENTIRETY, BEFORE USING THE VOICE SERVICE. WITHOUT LIMITING THE FOREGOING, YOU MUST READ, UNDERSTAND AND AGREE TO SECTION 7, REGARDING 911/E911 SERVICES, BEFORE COMPLETING YOUR ORDER FOR THE VOICE SERVICE, AND BY COMPLETING YOUR ORDER, YOU REPRESENT AND WARRANT THAT YOU HAVE DONE SO.
1. SERVICES PROVIDED; ADDITIONAL TERMS; CHANGES
1.1 Services Provided.
Subscriber’s service order and any future orders for Voice Service (collectively referred to as “Service Order”) shall be automatically incorporated into the Agreement effective as of the date of such Service Order.
1.2 Additional Terms.
In order to obtain additional features of the Voice Service and/or equipment offerings that NumberBarn may (but shall not be required to) make available from time to time, Subscriber may be required to agree to additional terms (the “Additional Terms”) above those stated herein, which will be automatically incorporated into Subscriber’s Agreement effective as of such agreement and will apply with respect to Subscriber’s use of such specific additional feature or features elected.
1.3 Changes to the Service.
NumberBarn may at its sole discretion modify the aspects, features, or functionality of the Voice Service without prior notice.
The Voice Service is sold with an initial term that will be specified in the plan selected by Subscriber (“Initial Term”) which shall automatically renew after the Initial Term, for a period as specified in the Subscriber’s plan (“Renewal Terms”), unless terminated by either party by providing the other with its notice of intent to terminate its service not less than thirty (30) days prior to the expiration of the then current (Initial or Renewal) Term in effect at that time. The Voice Service and Initial Term commences upon Subscriber’s submission of a Service Order.
3. USE OF THE VOICE SERVICE
3.1 System Requirements.
In order to use the Voice Service, Subscriber must, at Subscriber’s own expense, provide and utilize one or more industry standard, Voice Service compatible devices, high speed broadband access, and certain software, and may be required to obtain updates or upgrades to the foregoing from time to time. Subscriber’s ability to use the Voice Service may be affected by the performance of these items. Subscriber acknowledges and agrees that system requirements for the Voice Service may change from time to time and that adherence to the system requirements is Subscriber’s responsibility. Subscriber is responsible for ensuring that its networks and systems are adequately secured against unauthorized intrusion or attack and for regularly backing up its data and files in accordance with good computing practices.
3.2 NumberBarn Equipment.
NumberBarn may (but shall not be required to) make available Voice Service-compatible devices or other equipment for purchase or lease, in which event NumberBarn will post the terms and conditions for the purchase or lease of such items to its website. Charges for any devices or equipment that NumberBarn may make available shall be in addition to those applicable to the Voice Service.
Subscriber is required to register prior to using the Voice Service. Subscriber agrees that any registration information shall be accurate, correct, and up to date, and Subscriber agrees to maintain and promptly update its registration information, including but not limited to the physical location of each user. Subscriber and/or its representative must be of legal age to enter into a binding contract in order to register for the Voice Service. Subscriber shall be responsible for maintaining the security of any required user names and passwords (including both for the Account Administrator and users), and shall not disclose them to any third party. Subscriber shall be solely responsible to NumberBarn for all activities that occur under Subscriber’s account or subscription, including any unauthorized use. Subscriber agrees to notify NumberBarn immediately upon becoming aware of any unauthorized use of Subscriber’s password, account, or subscription.
3.5 Scope of Use/ Fair Usage.
Subscriber shall use the Voice Service only as permitted in the Terms of Service and in accordance with applicable laws and regulations, including but not limited to laws regarding the export of data or software. Subscriber shall use the Voice Service only for its internal business purposes. Subscriber’s use of the Voice Service may be subject to certain restrictions and limits, including without limitation as to conference ports, number of users per subscription, and storage, which if applicable will be communicated by NumberBarn. If NumberBarn determines that Subscriber has violated or is in violation of this provision, NumberBarn will so notify Subscriber and may, in its sole discretion, terminate Subscriber’s Voice Service. In the event of such termination Subscriber shall remain bound by its payment obligations for the remainder of the then current term of the Agreement. Subscriber may not transfer its Voice Service subscription to any other company or entity.
3.6 Prohibited Uses.
Subscriber agrees not to use the Voice Service in any manner prohibited by the Terms of Service, including without limitation, in a manner that is actually or potentially libelous, threatening, harmful, harassing, indecent, obscene, in violation of the intellectual property rights of any party, or is otherwise unlawful under any applicable law or regulation. Subscriber agrees not to engage in any activity that interferes with or disrupts the Voice Service or associated servers, networks, or software; prevents or restricts other subscribers from using the Voice Service; or damages any NumberBarn or third-party property. Subscriber agrees not to reproduce, duplicate, copy, sell, trade, or resell the Voice Service provided under Subscriber’s account(s). Subscriber agrees not to use the Voice Service for autodialing or predictive dialing; continuous or extensive call forwarding; constant dialing; iterative dialing; fax broadcast; fax blasting; junk faxing; fax spamming; transmitting broadcasts or recorded material; sending unsolicited messages or advertisements; telemarketing; sending bulk and/ or junk email, voicemail, or faxes; call center operations or other bulk call-in lines; taking any action to attempt to mislead others as to the identity of the sender or the origin of any communication; or any other activity outside the scope of reasonable internal business usage. Subscriber agrees not to (1) re-classify or re-originate traffic or take any other action to intentionally make traffic appear as if it: (i) is anything other than the type of traffic delivered to such called party (including but not limited to making TDM originated traffic appear to be IP originated) or (ii) originated from a place or on a type of equipment different from the place or type of equipment from where it, in fact, originated; or (2) modify, alter, or delete in any manner calling party number information, originating point codes, or any other signaling information or call detail in connection with the transport and termination of traffic to the called party. Subscriber agrees not to access or attempt to access the Voice Service by any means other than the interface provided by NumberBarn, including but not limited to any automated means such as the use of scripts or web crawlers. Subscriber agrees not to use any trademark, service mark, trade name, or logo of any company or organization in conjunction with the Voice Service in a manner that is likely or intended to cause confusion about the owner or authorized user of such mark, name, or logo.
3.7 NumberBarn’s Remedies for Prohibited Use.
NumberBarn may take any lawful action it deems appropriate with respect to prohibited use of the Voice Service or other use of the Voice Service that it deems to be inappropriate, in violation of the Terms of Service or this Addendum, or potentially disruptive to the Voice Service or NumberBarn’s network, NumberBarn’s rights and interests, or the rights of other subscribers. NumberBarn’s remedies for Subscriber’s prohibited use of the Voice Service, include but are not limited to issuing warnings; terminating Subscriber’s Voice Service, subscription, accounts, or users; disabling access to or suspending the Voice Service, subscription, or accounts; or increasing the monthly rates charged Subscriber for the period of Subscriber’s prohibited use and the remainder of the Term. NumberBarn may take such action without notice or liability to Subscriber or any other party, although NumberBarn shall have no obligation to take any such action.
3.8 Customer Proprietary Network Information.
Subscriber may elect to prohibit NumberBarn’s use of Subscriber’s CPNI to market services other than services of the same type that Subscriber already purchases from NumberBarn by providing NumberBarn with Subscriber’s “opt-out” notice within thirty (30) calendar days of Subscriber’s Voice Service commencement via [method of opting out]. If Subscriber fails to do so within such timeframe, Subscriber will be deemed to have given NumberBarn consent to use Subscriber’s CPNI to market services other than services of the same type that Subscriber already purchases from NumberBarn. Restricting NumberBarn’s use of Subscriber CPNI will not affect NumberBarn’s provision of any service, nor will it necessarily eliminate all types of NumberBarn marketing.
4. SUBSCRIBER’S CONTENT
4.1 Subscriber is solely responsible for the content of all information and communications, whether visual, written, audible, or of other nature, sent, displayed, uploaded, posted, published, or submitted by Subscriber while utilizing the Voice Service (“Subscriber’s Content”) and for the consequences of doing so, including any loss or damage to NumberBarn or any third parties. NumberBarn has no responsibility to Subscriber or any third party for Subscriber’s Content.
4.2 NumberBarn reserves the right to, but shall have no obligation to, pre-screen, refuse, flag, filter, or remove any of Subscriber’s Content from the Service at NumberBarn’s discretion without notice or liability to Subscriber or any other party.
4.3 Subscriber shall retain copyright and any other intellectual property rights Subscriber holds in Subscriber’s Content. Subscriber shall remain solely responsible for protecting and enforcing such rights where applicable.
4.4 Subscriber hereby grants to NumberBarn a non-exclusive, world-wide, royalty free, sub-licensable, transferable, perpetual, irrevocable license to use, modify, adapt, translate, publish, publicly perform, publicly display, reproduce, prepare derivative works of, and distribute Subscriber’s Content solely for the purpose of providing and distributing the transmission of such Subscriber Content, as is necessary to the successful provision of the Voice Service to Subscriber. Subscriber represents and warrants that it has all necessary rights, licenses, consents, and permissions to grant such license and permit such use.
4.5 NumberBarn will endeavor to store Subscriber’s voicemail, sent or received call logs, and/ or instant messages as part of the Voice Service, however NumberBarn is not obligated to do so and NumberBarn has no responsibility or liability for the deletion or failure to store any of the foregoing.
5. OTHER USERS’ CONTENT
5.1 NumberBarn does not control and shall have no liability or responsibility for the 1) conduct or 2) content of any information and communications, whether visual, written, audible, or of other nature, sent, displayed, uploaded, posted, published, or submitted by other users via the Voice Service, including but by no means limited to advertisements or sponsored content (item (2) collectively referred to as “Other Users’ Content”).
5.2 Other Users’ Content may be protected by copyright and other intellectual property rights of such other users or other persons. Subscriber shall not copy, modify, rent, lease, sell, loan, distribute, or create derivative works based in whole or part upon Other Users’ Content unless specifically agreed to by the owners of such Other Users’ Content in a separate written agreement with Subscriber.
5.3 It is NumberBarn’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United States the Digital Millennium Copyright Act) and to terminate the accounts or subscriptions of repeat infringers.
6. CHARGES AND PAYMENT
NumberBarn shall invoice Subscriber, and Subscriber shall pay such invoices, in accordance with the Terms of Service.
6.2 Regulatory Fees.
NumberBarn may charge Subscriber such fees, assessments or surcharges as may be imposed by governmental authorities on NumberBarn or the Voice Service from time to time. Such fees, assessments and surcharges may include the following:
a. Federal and State Universal Service Fee.
NumberBarn is required to make contributions to the Federal and certain state Universal Service Funds (USF), which provide support to promote access to telecommunications services at reasonable rates for those living in rural and high-cost areas, income-eligible consumers, rural health care facilities, and schools and libraries. NumberBarn is permitted but not required to recover such costs from its customers. The Federal Communications Commission sets the Federal USF rates on a quarterly basis. USF rates are subject to change each quarter.
b. 911 Fee.
This fee is imposed by local governments to help pay primarily for the handling of calls for emergency services such as fire and rescue.
c. 911 Service Fee.
NumberBarn may charge a per-DID/ phone number fee to recover NumberBarn’s costs directly associated with providing 911 and E911 to its customers.
d. Regulatory Recovery Fee.
NumberBarn may charge a monthly regulatory recovery fee to offset costs it incurs in complying with obligations imposed by, and inquiries made by, federal, state, and municipal regulatory bodies/governments and related legal and billing expenses. This fee is not a tax or charge required or assessed by any government. If assessed by NumberBarn, the regulatory recovery fee will apply to every directly dialable telephone number (in certain cases referred to as DID-phone numbers) assigned to Customer, including toll free and virtual numbers.
e. Other Fees.
Customer agrees to pay any other fees that may be levied on the Voice Services which are or may be chargeable to customers by any governmental authority.
7.1 911 LIMITATIONS AND RESTRICTIONS.
THE VOICE SERVICE INCLUDES A 911/E911 ACCESS COMPONENT. THE VOICE SERVICE’S 911/ E911 ACCESS COMPONENT DOES NOT HAVE THE SAME FUNCTIONALITY OR AVAILABILITY AS THAT ASSOCIATED WITHTRADITIONAL WIRELINE 911/ E911 SERVICES AND IS SUBJECT TO CERTAIN LIMITATIONS AND RESTRICTIONS INCLUDING THOSE DESCRIBED HEREIN. SUBSCRIBER AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICE OF THE 911/ E911 LIMITATIONS DESCRIBED HEREIN. SUBSCRIBER ACKNOWLEDGES, AND IS HEREBY ON NOTICE, THAT THE 911/ E911 ACCESS PORTION OF THE VOICE 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 NUMBERBARN 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 SUBSCRIBER LOCATION.
a. Loss or interruption of electrical power to Subscriber’s VoIP telephone or other device, its ATA, Modem, Router, Switch or any other devices in the critical path from Subscriber’s VoIP handset to the NumberBarn switching center at the user’s location. The user will not be able to use the Voice 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 Voice Service prior to being able to use the Voice 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 Voice Service for any reason, including without limitation (i) for failure to pay or default, or (ii) failure of the Voice Service to function for any reason.
h. Subscriber failed to provide NumberBarn with any physical location of the NumberBarn-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. Subscriber failed to update the user’s physical location with NumberBarn when the user moved or changed location/address.
j. The user attempts a 911 call via a NumberBarn-served VoIP handset from a location/address different than the location/address registered with NumberBarn.
k. 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).
7.2 REQUIREMENT TO REGISTER AND UPDATE LOCATION INFORMATION.
SUBSCRIBER IS REQUIRED TO REGISTER THE PHYSICAL LOCATION OF EACH USER'S EQUIPMENT (PHONE OR SOFTPHONE) WITH NUMBERBARN UPON ORDERING THE VOICE SERVICE AND UPON ADDING A USER/ USERS TO AN EXISTING NUMBERBARN SUBSCRIPTION VIA ENTERING THE PHYSICAL LOCATION OF THE USER IN THE ONLINE ORDER FORM. SUBSCRIBER IS REQUIRED TO IMMEDIATELY UPDATE EACH USER’S LOCATION WHENEVER THE PHYSICAL LOCATION OF SUCH USER’S EQUIPMENT CHANGES VIA THE SETTINGS PAGE ON SUBSCRIBER’S WEB-BASED USER PORTAL OR, WITH RESPECT TO SOFTPHONES, VIA THE SETTINGS PAGE ON THE SOFTPHONE. SUBSCRIBER ACKNOWLEDGES THAT THE PHYSICAL LOCATION REGISTERED FOR THE USER’S EQUIPMENT WILL BE THE LOCATION TRANSMITTED TO THE EMERGENCY CALL TAKER, AND THAT NUMBERBARN’S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE THEN-CURRENT REGISTERED PHYSICAL LOCATION FOR THE USER’S EQUIPMENT. IF SUBSCRIBER DOES NOT ACCURATELY IDENTIFY A USER’S LOCATION UPON ORDERING THE VOICE SERVICE AND/OR DOES NOT UPDATE SUCH INFORMATION WHEN THE USER’S LOCATION CHANGES, 911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT EMERGENCY CALL TAKER. WHEN SUBSCRIBER NOTIFIES NUMBERBARN OF A CHANGE IN THE REGISTERED LOCATION OF A USER, THERE MAY BE A DELAY IN MAKING THE NEW REGISTERED LOCATION AVAIALABLE TO ROUTE 911 CALLS AND TO ADVISE THE APPROPRIATE EMERGENCY CALL TAKER OF THE NEW REGISTERED LOCATION.
7.3 WARNING LABELS.
NUMBERBARN MAY PROVIDE SUBSCRIBER WITH LABELS WARNING THAT THE 911/ E911 COMPONENT OF THE VOICE SERVICE MAY BE LIMITED OR NOT AVAILABLE. IF PROVIDER, SUBSCRIBER AGREES TO PLACE SUCH LABELS ON OR NEAR THE EQUIPMENT USED IN CONJUNCTION WITH THE VOICE SERVICE. IN THE EVENT SUBSCRIBER DOES NOT RECEIVE LABELS, IT SHALL NONETHELESS PROVIDE USERS WITH CLEAR AND CONSPICUOUS WARNING REGARDING THE LIMITATIONS DESCRIBED IN THIS SECTION 7.
7.4 ADDITIONAL 911/ E911 LIMITATIONS.
THE LOCAL EMERGENCY CALL TAKER RECEIVING THE 911 CALL MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN NUMBER OR LOCATION INFORMATION. THEREFORE, THE EMERGENCY CALL TAKER MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE USER MAKING THE 911 CALL WHICH MAY DELAY OR PREVENT EMERGENCY SERVICES. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN AND IN THE EVENT OF NETWORK CONGESTION THERE IS A POSSIBILITY THAT A 911 CALL WILL PRODUCE A BUSY SIGNAL, WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN 911 CALLS PLACED VIA TRADITIONAL, WIRELINE 911 SERVICES.
7.5 911/ E911 LIMITATION OF LIABILITY/ INDEMNITY.
NUMBERBARN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS, SUPPLIERS, AND RESELLERS WILL HAVE NO LIABILITY TO SUBSCRIBER, ITS USERS, OR ANY THIRD PARTY FOR, AND SUBSCRIBER WAIVES ALL CLAIMS AND CAUSES OF ACTION, ARISING OUT OF OR RELATED TO, SUBSCRIBER, ITS USERS, OR ANY THIRD PARTY’S INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER OR TO ACCESS AN EMERGENCY SERVICE OPERATOR OR EMERGENCY SERVICES. SUBSCRIBER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NUMBERBARN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS, SUPPLIERS, AND RESELLERS FROM ANY AND ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, EXPENSES, AND/ OR COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES AND COST OF SUIT) BY OR ON BEHALF OF SUBSCRIBER OR ANY THIRD PARTY OR USER ARISING FROM OR RELATED TO THE FAILURE OF 911/E911 TO FUNCTION OR FUNCTION PROPERLY OR NUMBERBARN’S PROVISION OF 911/ E911 SERVICES OR FAILURE TO PROVIDE ACCESS TO 911/ E911 SERVICES.
8. DID NUMBERS
When supply is sufficient, NumberBarn will make available to Subscriber a list of DID/ telephone numbers from which Subscriber may choose their DID/ telephone numbers. Subscriber will not be the owner of any DID/ telephone number (including fax numbers) assigned to Subscriber by NumberBarn, and Subscriber will not transfer or attempt to transfer its number(s) to anyone else (except as provided in Section 9.2 below with respect to Porting Out). NumberBarn reserves the right to change, cancel, withdraw, or move such numbers at its sole discretion immediately upon notice. Subscriber will surrender all rights to the DID/ telephone numbers and fax numbers upon termination of Subscriber’s Voice Service if they have not been ported out in accordance with Section 9.2 below prior to such termination, and the numbers assigned to Subscriber may be reassigned upon termination of Subscriber’s Voice Service. NumberBarn will not be liable for any direct or indirect damages or incidental costs arising out of such reassignment.
9. LOCAL NUMBER PORTABILITY
9.1 Porting In.
Subscriber may elect to port an existing DID/ telephone number to NumberBarn (“Port-In”) for use with the Voice Service. In the event Subscriber elects to Port-In a number, Subscriber must first select a temporary number from the list of DID/ telephone numbers NumberBarn presents to Subscriber at the time Subscriber orders the Voice Service, which will be used until the Port-In is complete. NumberBarn will support all valid requests and will cooperate with Subscriber to perform any Port-In in accordance with Subscriber’s reasonable directions and NumberBarn’s operating procedures. Neither NumberBarn nor its providers are responsible for any delay, rejection, or false processing of Port-In requests to the extent such delay, rejection, or false processing is attributable to Subscriber, Subscriber’s prior provider, or any third parties.
9.2 Porting Out.
Subscriber or a third-party provider acting as agent on behalf of Subscriber (“Requesting Party”) may request that NumberBarn port a number assigned to Subscriber by NumberBarn to a third-party provider (“Port-Out”). NumberBarn will support all such requests and will promptly cooperate with the Requesting Party to perform any Port-Out in accordance with the Requesting Party’s reasonable directions and NumberBarn’s standard operating procedures. In the event of any Port-Out, Subscriber agrees that until such time as the Port-Out is complete and Subscriber terminates the Voice Service for such DID/ telephone number, Subscriber shall remain bound by the terms of the Terms of Service and this Addendum related to that DID/ telephone number. Once the Port-Out is complete, Subscriber must terminate the Voice Services associated with such ported DID/ telephone number in order to stop incurring charges for such DID/ telephone number. Subscriber recognizes and agrees that in the event of a Port-Out Subscriber shall remain responsible for paying the required monthly service fees, along with taxes, governmental fees and other charges required, incurred up to the date of termination of the Voice Service.
10. 711 DIALING
The Voice Service allows dialing 711 to reach Telecommunications Relay Services (TRS). In the event the user’s registered location is not the same as the user’s geographic location, 711 calls may not be routed to the correct TRS center for the user’s location.
11. SERVICE EXCLUSIONS
The Voice Service does not include directory listings and operator and directory assistance and does not support 976 or 900 calls. The Voice Service may not support 311, 411, 511, or other X11 calling (other than 911 and 711 as detailed in this Addendum) in all or certain service areas.