Dial800 Telecom LLc. UCaaS

Kall8 is a Dial800 Telecom brand and follows all Dial800 Telecom LLc. Terms of Services, Policies, and Agreements

Terms of Service | e911 Policy | Acceptable Use Policy

UCAAS TERMS OF SERVICE (TOS)

TERMS OF SERVICE AND CONDITIONS; These terms of Service (TOS) and conditions shall govern any Service Order (the “Agreement”) entered by Customer and Dial800 Telecom, LLc (Dial800) whether an applicable master Service Contract has been executed by Customer and Dial800 Telecom, LLc or not. These terms and conditions or any Service Order shall be the Agreement for the ordered services (“Services”).

REVISIONS TO TERMS AND PRICING. Dial800 may at any time, revise the terms and conditions of this Agreement (including, without limitation, any of the policies incorporated by reference). Notice of revisions to the Agreement shall be posted on the Dial800 Website ("the Website") and deemed effective on the date posted to the Website.

Standard pricing may be subject to change at any time with or without notice except during the initial term of a Contract or Service Order such as a Dial800 Service Agreement.

Any pricing adjustment will be reflected in an invoice provided to you at the time of the pricing adjustment for your account. If you do not agree to a price revision, you must terminate your Service immediately, subject to the Termination provisions provided in this Agreement. By continuing to use the Service after revision(s) and/or pricing changes are in effect, you hereby accept and agree to all such revisions and/or pricing changes.

ORDER TERM. The “Initial Order Term” is the time period starting on the date the Services are functional and available for use (the “Billing Start Date”), for the period of time specified in the Service Order(s). If no Initial Order Term is specified in a Service Order, the Initial Order Term is twelve (12) months from the Billing Start Date.

Upon expiration of the Initial Service Order Term, the applicable Service Order shall automatically be renewed for a term equal to the original term, unless either Dial800 or Customer elects to not renew the Service Order. Notice of service cancellation or non-renewal must be given in writing at least thirty (30) days in advance of the expiration of the Order Term.

FRAUDULENT USE OF SERVICES. Customer is responsible for all charges attributable to the use of Customer’s Service, even if incurred as the result of fraudulent or unauthorized use of Service by any person, whether such use is authorized by, or known or unknown to Customer.

Acceptable Use Policy (AUP)

Definitions:

"Service" - shall mean the products and services that are being provided to you from RingSquared as described in any quote or order form, including, but not limited to, RingSquared’s UCaas, collaboration services, SMS or Texting, Instant Messaging Services, and/or any associated software, hardware or web-based platform. "Service" shall also include any additional Services provided to you as described in any addendums, contracts, or amendments.

"Device" - shall mean a RingSquared-provided telephone or device, telephone adapter ("Adapter"), router, or other RingSquared-provided device used with the Services or connected to the RingSquared Network.

"Fax, SMS, or MMS Broadcasting" and "Fax, SMS or MMS Blasting" – shall mean sending the same message by fax, SMS, or MMS as described in The Telephone Consumer Protection Act (TCPA) and/or by the 10DLC regulations.

1. Unlimited Services. All services are subject to RingSquared’s acceptable use policy. RingSquared reserves the right to periodically review usage of any service, including, but not limited to, minutes, data, messages, and API calls to ensure all service is not in violation of this AUP and if such an abuse or violation is discovered may terminate or adjust the plan as appropriate without notice. You agree to use the Unlimited Plan for services of a quantity or duration comparable to that of the average customer presently utilizing RingSquared’s same services and will not employ methods, devices or procedures to take advantage of unlimited plans by using the services excessively or for means not intended by RingSquared.

Excessive use is defined as use that substantially exceeds the average volume, duration of calls, data or messages used by all other RingSquared customers using the same service or attempting to originate or terminate multiple concurrent phone calls, faxes, or messages through any single line of service. The following types of services are specifically prohibited and may not be accessed through RingSquared’s voice service plan: conference calling, monitoring services, data transmissions, transmission of broadcasts or transmission of recorded material. RingSquared may terminate your service or change your service plan without notice if, in its sole discretion, RingSquared determines that your use of the service violates this prohibition or is otherwise "unreasonable" or results in abuse of any service.

The following are not permitted and therefore may result in immediate suspension or termination of the service or services.

re-selling, re-branding, re-supplying, re-marketing or commercially exploiting our service, aggregating traffic from more than one customer over a line or trunk or set up routing in any way that only outbound long-distance traffic is sent over the service.

In any way engaging in any other conduct which is considered fraudulent, illegal, harassing or in any way results significant network congestion, or degradation. The use of Autodialing, predictive-dialers, or robo-dialers. Free conference calling or similar services that participate in traffic simulation practices that result in excessive charges.

Repetitive and/or continuous messaging or calling to the same destination number, long duration and/or calls placed to specific numbers/destinations for the purpose of generating charges or fees for or with a third party.

Any other activity that would be inconsistent with reasonable personal, residential, and business use patterns, or may cause intentional or un- intentional network congestion to RingSquared’s network.

SHORT DURATION CALLS: RingSquared reserves the right to charge for excessive volumes short duration calls (with a call duration of under 6 seconds or less in length) a SEVEN-cent (.07¢) per call assessment if RingSquared determines, in its sole discretion, that you have an (more than 10% of your total calls in any given month), or if your average call duration is below (30) seconds. The foregoing surcharges will be in addition to any fees that Customer owes to RingSquared.

1. You agree that calls, as defined herein for billing purposes, shall include all call traffic when accepted by RingSquared or its underlying carriers for termination whether such calls are terminated or not for any reason ("incomplete calls"). RingSquared will bill you for all calls completed to RingSquared’s facility or equipment or that of RingSquared’s underlying carriers regardless of if the call is completed to the called party.

2. Right of Termination. In addition to RingSquared’s right to terminate any service for non-payment, RingSquared reserves the right to terminate the Service immediately and without advance notice if RingSquared, in its sole discretion, believes that you have violated any of the above restrictions, you will be responsible for the full charges through the end of the current term, including without limitation unbilled charges, plus a disconnect fee and any penalties.

3. Use Monitoring. We may monitor the use of our Service for violations of this agreement. We may, without liability, remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our Service, or RingSquared, its parent, affiliates, directors, officers, agents, customers, and employees from harm.

1. Providing information to authorities and third parties. If we believe that you have used our Service or your Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution.

2. You consent to our cooperating with and forwarding any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, as compelled by law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order action against someone who may be misusing the Service or violating the law.

3. Use of Service and device by Customers Outside the United States. While RingSquared encourages use of the Service within the United States to other countries, RingSquared does not presently offer or support the Service to customers located in any countries other than the United States. RingSquared’s Services are only for use by persons or entities whose primary residence or business address is in the United States. RingSquared’s Services are designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is outside the United States and/or your ISP places restrictions on the usage of VoIP services, RingSquared does not represent or warrant that use of the Service by you is permitted by any other jurisdictions or by any or all the ISPs. If you remove the device to a country other than the United States or use the Service from there, you do so at its own risk, including the risk that such activity violates local laws in the country where you do so. You will be solely responsible for any violations of local laws and regulations or violations of ISP terms of service resulting from such use. RingSquared reserves the right to disconnect Services immediately if RingSquared determines, in its sole and absolute discretion, that you have used the Service or the device in violation of applicable laws, including without limitation laws of jurisdictions outside the United States. You are solely liable for any and all use of the Service and/or device by any person making use of the Service or device provided to you.

4. No Assignment. You are not permitted to assign, resell or transfer your Service or your Device or provide telephone to anyone else by using your RingSquared service without prior written consent from RingSquared.

5. No Alterations or Tampering. You are not permitted to alter the firmware or software of the Device in any way that facilitates a compromise of your service, You may not attempt to hack, manipulate, modify or otherwise disrupt our Service or use our Service that is inconsistent with its intended purpose

6. Theft of Service. You will notify us immediately in writing if your Device is stolen or if you believe that your Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. Until you notify us in writing, you will remain liable for all use of our Service fraudulent or unauthorized use of the Service up through the date notice is received by RingSquared.

E911 Service Disclosure of Capabilities for Voice over Internet Protocol Service UCaas

The following “E911 Service Disclosure of Capabilities for Voice over Internet Protocol Service” (UCaaS)

(the “E911 Service Disclosure”) is incorporated into each Services Agreement and/or Change Order Agreement and/or other agreement between Dial800 Telcom, LLc. (DIAL) and the Customer (the “Agreement”); the defined terms of each such Agreement are incorporated herein by reference.

Background. The Federal Communications Commission's June 29, 2005 ruling on enhanced 911 (“E911”) service requires all interconnected Voice over Internet Protocol (“VoIP”) service providers to ensure that their VoIP customers are provided with a clear understanding of their E911 emergency services capabilities. DIAL’s VoIP service was specifically designed to provide DIAL’s customers with E911 service on a par with the E911 services offered by traditional telephone companies. However, there are certain limited situations in which DIAL’s E911 service will not be available to the Customer, and the E911 Service Disclosure provides important information about DIAL’s E911 service in those limited situations.

1. Availability of E911 Service. E911 service is available 7 days per week, 24 hours per day. DIAL’s E911 service routes 911 emergency services call to the nearest public-safety answering point. Upon activation of the Customer’s VoIP service, DIAL enters the customer’s registered location and telephone numbers into the local E911 database (the same database used by the traditional telephone companies), which enables the nearest public-safety, answering-point personnel to identify the originating telephone number and registered location of the call. This information is then used to route the 911 call to the nearest emergency response unit (e.g., local police, fire, medical services) corresponding to the originating telephone number and registered location. When establishing new VoIP service, porting telephone numbers, or adding telephone numbers, DIAL updates the local E911 database with the new telephone number and registered location.

While DIAL’s E911 service is completely functional upon activation so that the Customer is instantly able to dial 911 and reach the assigned public-safety answering point to report an emergency, the enhanced feature of displaying the Customer’s telephone number and registered location may not be immediately available until such information is posted into the E911 database. DIAL submits E911 database changes on a daily basis when changes are reported by customers to DIAL.

In accordance with industry standards, however, it may take up to 3 business days or, in some cases, longer, for such changes to post to the E911 database. In those instances where registration may not yet have occurred or in some geographic areas where public safety, answering-point facilities are not equipped to automatically receive E911 registered location and call-back information, a 911 caller may need to provide the public-safety, answering-point person who receives the 911 call with the caller’s location and call-back telephone number. DIAL’s E911 service will not be available to the Customer in certain circumstances including, but not limited to:

a. relocation of the Customer’s IP-phone/softphone.

b. broadband connection failure.

c. loss of electrical power.

d. delays that may occur in updating a registered location.

2. Customers may be using their VoIP service with DIAL at a remote site (e.g., a customer or a customer’s employee works from home or from a location other than the registered location for the customer’s VoIP service) or maybe use a VoIP telephone at a location other than the registered location associated with the VoIP telephone. Under these limited situations, if the caller dials 911, the address information displayed to the emergency dispatch center will be displayed as the registered location (most likely, the customer’s office location), not the remote caller’s location, and the 911 call will be directed to the emergency dispatch center nearest to the registered location rather than the caller’s remote location.

Accordingly, the Customer is advised to have an alternate means of accessing 911 at such non-registered locations that will correctly display the physical address from where the Customer is calling and route the 911 call to the nearest emergency response unit.

3. The Customer agrees to explain the foregoing potential limitations of DIAL’s E911 service to all persons who may be present at the physical location where the Customer’s VoIP services are utilized and/or who may have occasion to place calls over the Customer’s VoIP services and to place the E911 warning stickers provided by DIAL on or near the equipment used in conjunction with DIAL’s VoIP service.