These Terms of Service constitute the agreement ("Agreement") between IP Retail, Inc., d/b/a Rivul (the "Company") and the customer identified in the Account Information (the "Customer") in connection with the Customer's purchase of the Company's residential, small business, Voicemail, Softphone, Make a Call, and or any other Internet voice communications services, along with related Equipment or other products or other services provided by the Company (collectively, the "Service").
Customer's Acceptance of These Terms of Service. The Customer signifies its irrevocable acceptance of these Terms of Service upon the earlier of: (i) clicking on the "Confirm Order" button during the Sign Up process; (ii) by using the Service; (iii) by purchasing any Equipment (described below); or (iv) activating the Customer's account. If the Customer does not agree to be bound by these Terms of Service, then the Customer should not take any of the foregoing actions described in (i) through (iv), the Customer should not use the Service. The Customer is not authorized to use the Service without agreeing to be bound by these Terms of Service.
Parties Bound by Terms of Service. The Customer is responsible for ensuring that all use of the Service is in accordance with these Terms. The Customer shall ensure that anyone who uses the Service abides by the Terms of Service. The Customer shall indemnify and hold the Company harmless for any violation of these Terms of Service by any person using the Service, with or without the Customer's consent or knowledge.
Modification of Terms of Service, Plan Information, Fees and Charges. The Company reserves the right to revise the Terms of Service, the Plan Information (as described below) and/or its fees and charges at any time without providing notice to its users and the Customer's continued use of the Service shall be deemed irrevocable acceptance of those revisions. The Company may also impose limits on certain features or restrict the Customer's access to all or portions of the Service without notice or liability. The Customer's continued use of the Service shall constitute acceptance to be bound by the terms and conditions of the revised Agreement.
911 Service Terms
As required by the Federal Communication Commission, the Company provides a means by which it may be possible for the Customer to access the Customer's local emergency services by dialing "911" (the "911 Service"). Set forth below are these 911 Service Terms of Service that govern the provision of the 911 Service. These 911 Service Terms are in addition to the Terms of Service and are not in lieu thereof. In the event of a conflict, these 911 Service Terms will prevail.
By clicking on the "I Agree To The Terms of Service" and the "Confirm Order" buttons during the Sign Up process, and by continuing to use the Service and the 911 Service after a change or modification by the Company of these 911 Terms of Service, the Customer represents and warrants to the Company that the Customer has read these 911 Service Terms along with the Terms of Service (as they may be modified from time to time) and the Customer has determined that the Service and the 911 Service are suitable to the Customer's needs. If the 911 Service and the Service is not so suitable, then the Customer should not use the Service or the 911 Service.
General: How 911 Service Works. When using voip telephone services to make an emergency 911 call, the Service does not work like regular landline 911 services. When the user makes a 911 call, without the use of the 911 Service the emergency operator has no way of knowing the caller's location or the number from which the call was made. In an attempt to facilitate this information, the Company has contracted with a third-party to provide the Company and its subscribers with the 911 Service. The 911 Service is simply a database that matches the Customer's telephone number with the address provided by the Customer (the "Registered Location"). Assuming the Registered Location is accurate and kept current by the Customer, if a 911 call is made from a location within the geographic serving area of a Public Safety Answering Point ("PSAP"), the 911 Service attempts to forward the address of the Registered Location to the PSAP. If the Customer fails to keep the address of the Registered Location current and accurate, then the PSAP will direct emergency services to the wrong address. In addition, not all PSAP's have the means to accept the information regarding the Registered Location.
Alternate Means of Making 911 Calls. The customer is directed that the 911 service is unreliable and may not work if and when needed. The service should not be the primary means of the customer or other users to make 911 calls and the customer should inform all household residents, guests, and other third parties who may be present at the physical location where you use the 911 Service, of the limitations of the 911 Service. 911 service is not offered on Voicemail, Softphone, or Make a Call services.
911 Address-Registered Location. During the Sign-Up process, the Customer is asked to provide the Customer's initial "Registered Location" address for each phone number included in the Service. The Customer's Registered Location is the address where emergency services will be directed (if the applicable PSAP accepts the information), regardless of the caller's actual location when making the 911 call. The 911 Service cannot determine the caller's actual location or address, which is why it is critical that the Customer keep current the Registered Location or the 911 System will not work properly.
Effect of Moving the Equipment. If the Customer moves the Equipment to another location, then it is the duty and obligation of the Customer to update and correct the address of the Registered Location for each telephone line that is moved. If the Customer does not keep the information for the Registered Location accurate and current, the PSAP will not be able to accurately direct emergency services to the correct location.
No Verification of Registered Location Address. The company will not automatically update or verify any addresses provided by customer, it is the customer's responsibility to maintain the accuracy of the registered location. The company will not verify that the customer's PSAP will accept the registered location information.
Method for Customer to Verify or Change Address of Registered Location. If at any time after the Sign-Up process is completed the Customer discovers the Registered Location information is inaccurate or if the Customer moves the Equipment, then the Customer must correct this information: the Company will not correct this information. The Customer may verify or register a new Registered Location for each phone number covered by the Service by several means: (1) The Customer may use the Company's website at www.Rivul. After logging in and going to the Account Information, the Customer should scroll to the section entitled: "911 Address-Registered Location" and follow the instructions; or, (2) the Customer can contact Telephone customer service at the number listed on the website. Any updated information for the Registered Location may take 24 hours to be updated in the database of information provided to the PSAP's. Accordingly, any 911 calls made within this time after updating the information will result in inaccurate information being transmitted to the PSAP. While the Customer may maintain several possible addresses where the Customer may frequent, from time to time, only one address for the Registered Location can be active at any time.
Customer Registered Location Must be within Geographic Calling Area of PSAP or 911 Service Will Not Be Available. In order for the Customer to expect emergency services to be available when needed, the Customer's Registered Location must be within the geographic calling area of a PSAP. The Company does not provide PSAP's or PSAP information- nor does the Company determine the correct PSAP. The Company will not notify the Customer whether or not the Customer resides within the geographic area of a PSAP and it is the Customer's obligation to verify whether or not a PSAP will be available in the event of an emergency.
PSAP May Not Accept Enhanced 911 Information About Registered Location. Although the Customer may provide information about the Registered Location, it is up to each PSAP to accept and process the information and the Company has no control over what each PSAP does or doesn't do with the information. Accordingly, the Customer's PSAP may or may not have the ability to know the Registered Location information and if the Customer lives in an area where the Customer's PSAP does not accept or process this information, the emergency services personnel will not know the Customer's location and may not be able to dispatch emergency services unless the Customer provides the information verbally.
911 Service Available Only in Continental United States. If the Customer's Registered Location is not within the continental United States, the 911 Service will not operate and the Customer must determine an alternate method for obtaining emergency services in that locale.
911 Service Needs to be Tested by Customer. The Company has no means for determining whether or not the 911 Service actually works for the Customer's Equipment or Registered Location. Therefore, it is the obligation of the Customer to (i) verify that the correct PSAP has been determined for the Registered Location; (ii) test the 911 Service from time to time; and (iii) re-test the PSAP and that 911 Service is working upon each change of information for the Registered Location. The Customer should call the non-emergency telephone number for the Customer's local emergency service provider and request information for means of testing a 911 call to that provider.
911 Service Is Not Reliable. 911 Service is complex and dependent upon numerous conditions being satisfied. Accordingly, the 911 Service is prone to failure, especially if any of the following conditions occur:
Power Outage. If the electricity is interrupted for any reason, the 911 Service will not function.
Broadband or Internet Connection Lost. If the Customer's cable, DSL or other broadband service is interrupted for any reason, the 911 Service will not function.
Suspension or Termination of Customer's Service. If the Service malfunctions or is disabled, terminated or suspended for any reason, whether permitted by these Terms of Service or not, the 911 Service will not function.
Blocked Ports. If the Customer's broadband or internet service provider (or any other third-party) intentionally or accidentally blocks certain ports, the 911 Service will not function. Upon restoration of the blocked ports, it may be necessary for the Customer to reset or reconfigure some or all of the Equipment, including other Customer provided equipment, e.g., router. The Customer acknowledges that the Company is not responsible for the blocking of ports by the Customer's broadband or internet service provider or any other party.
Network Congestion or Slow Service. Since the Service is dependent on the Customer provided internet or broadband service, if that service is slow or congested for any reason, the Service will not work or may become unusable, in which case the 911 Service will not work.
Other Loss of Service. If the Service does not work for any reason whatsoever, the 911 Service will not work.
PSAP Won't Accept or Process Information. If the Customer's PSAP doesn't accept or process data regarding the Registered Location, then the emergency personnel may not know the Customer's location unless the Customer verbally provides that information.
Restoration of Service After Outage. Upon restoration of the Service after a power outage, internet service or broadband outage or any number of Service or other interruptions, some of which are described above, it may be necessary for the Customer to reset or reconfigure some or all of the Equipment, including other Customer provided equipment, e.g., router. It is the Customer's responsibility to verify that the Service is functioning after each such interruption or outage.
Company Does Not Verify or Determine if Service is Functioning. The Company will not verify that the Service is functioning at any time and it is the Customer's obligation to determine whether or not the Service is functioning. If the Service does not function, the 911 Service will not function.
Change of Equipment, Phone Number, Port or other Change of Configuration. If there is a change in the phone number, port, Equipment or change of any other information upon which is necessary for the Service to function, it is the Customer's obligation to re-activate the Service after each such change. In order to add a new telephone number the Customer must go through a new Sign-Up process and provide an initial address for the new phone number's Registered Location. The Registered Location assigned by Customer to another line will not be automatically assigned to any new line or any other lines.
Failure to Automatically Identify Customer Information. In some cases, the 911 Service may not be able to automatically provide emergency personnel with the Customer's telephone number, address of the Registered Location or other information that may be necessary to provide emergency services. This limitation may be caused by the local telephone company or other network provider is not being configured to provide or pass-on such information. As a result, the operator answering the 911 Service call may not be able to automatically obtain the Customer's telephone number or address and in such case if the call is disconnected or if the Customer is unable to provide that information to the operator, then emergency services may not be dispatched to the proper location.
Customer Must Provide 911 Operator with Customer Information. The 911 Service may not automatically provide the PSAP with the Customer's telephone number, name or address and the Customer must assume that the 911 operator does not have that information and it must be provided orally by the Customer. The Customer will need to clearly state the nature of Customer's emergency and also provide the Customer's telephone number and the address where the emergency is located, the 911 operator may not automatically have this information. In the event the call is dropped, disconnected or forwarded, the emergency personnel will not be able to find Customer location unless the Customer provides this information.
Customer Unable to Speak: 911 May Not Be Able to Respond. If for any reason the Customer is unable to talk or otherwise provide the 911 operator with the Customer's address, phone number or other relevant information, the 911 operator may not be able to direct emergency services to the Customer's location.
Notice of Outsourcing of 911 Service. Since the routing and provision of 911 calls throughout the United States is an important function that is extremely complex and based on many standards, protocols and rules regulations of numerous government agencies, the Company has elected to engage the services of the Telefinity Corporation to provide the 911 Service to the Customers. All 911 calls and updated information relating to the Registered Location is automatically routed to Telefinity Corporation by the Company, who in turn attempts to route the call and that information to the correct PSAP. The Company does not have any input or control over this information or process.
Disclaimer of liability and indemnification. Due to the fact that the company has engaged the services of telefinity corporation to provide the 911 service, the company has no control over whether, or the manner in which, calls using the 911 service are answered or addressed by any PSAP or any other party. The company hereby disclaims any and all responsibility for the conduct, actions, inactions or negligence of telefinity corporation, the PSAP's and/or any local police, fire or other emergency response services. The company disclaims any and all liability for the accuracy or inaccuracy of any data that is entered by the customer, that is transmitted to telefinity corporation, the PSAP or any other party which may result in an error or delay in providing emergency services to the customer or others. Customer acknowledges and understands that the company will not be liable or responsible for any delay or service outage and/or inability to dial 911 using the 911 service or to access emergency service personnel due to the characteristics and limitation of 911 service set forth in this document or otherwise. The customer agrees to defend, indemnify, and hold harmless the company, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to the customer in connection with the service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, the customer or any third party user of the service relating to the failure or outage of the service, including those related to 911 service. The customer acknowledges that the company directs the customer to always have an alternative means of accessing emergency service and that the 911 service should be not be the customer's only or primary means of accessing emergency service. This disclaimer provision supplements the general disclaimer and indemnification provisions found below and is not in lieu of those provisions.
Customer's Account Information. The Account Information is provided by the Customer during the Sign-Up process and may be later updated by the Customer by logging into the Customer's account and going to "Account Information". The Customer is responsible for safekeeping of the Customer's login name, password and other information. The Customer is solely responsible for all information entered into and set forth in the Account Information, even if such information was provided by unauthorized persons. The Customer must notify the Company immediately if the Customer has reason to know or believes that the Customer's Account Information, login or password has been compromised or accessed by unauthorized persons.
Term. This Agreement begins on the date that the Customer accepts these Terms of Service and the Agreement will continue for the length time set forth in the Plan Information, below (the "Term"). The Term automatically renews for another Term of equal length, unless notice is given by Rivul or the Customer cancels service by following the instructions found at http://www.Rivul/cancel. If notice of non-renewal is not timely received, then the Term will automatically renew.
Service
Billed in Full Months. The Service is billed in full months and during each month, all normal charges will apply. The Customer is obligated to pay for a full month's Service, even if notice of non-renewal is given by the Customer at the beginning of the month.
Residential Service Plans. Residential Service Plans are provided for the Customer's residential use and for no other use. Residential Service Plans may not be used for commercial or other non-residential purposes. If the Company determines that a Residential Service is being used for any commercial or other non-residential use, then the Company may, in its sole discretion: (i) terminate the Service; (ii) determine that the Customer did not qualify for Residential Services and upgrade the Customer to an appropriate plan based on the Customer's use and retroactively adjust the amounts the Customer was charged to reflect the revised plan; and/or (iii) maintain the Residential Service Plan but additionally charge the Customer's excessive usage based on then current rates charged by the Company. The Company may make such determination based on the Customer's usage patterns and other criteria determined by the Company to differentiate between residential use and commercial or other non-residential use and the Customer shall pay the charges for the new business plan, even if the Customer did not have access to the full feature set of said plan. Without limiting the foregoing, any monthly usage that is more than five times (5x) the average monthly usage of a Rivul customer shall be considered to be commercial or other non-residential use subject to the terms of this provision.
Bring Your Own Device (BYOD). Bring Your Own Device (BYOD) services are provided for the Customer's residential use and for no other use. The use of BYOD services are governed by Company's Residential Service Plans policies. BYOD requires Customers to have their own Session Initiation Protocol (SIP)-capable equipment. The service is intended for advanced users. Company is not responsible for the use of wrong equipment or the misuse of the service. Company does not provide any technical support to BYOD Customers other than posted on its website at www.Rivul. If the Customer's equipment is not working Customer must contact the equipment manufacturer for technical support. BYOD service is not covered by Company's Money Back Guarantee or any other refunds whatsoever.
Business Service Plans. Business Service is provided to small business users who use the Service for commercial purposes.
Voicemail Service Plans. The use of Voicemail Service does not require subscription to any other Service provided by Company. Limitations of use may apply when Voicemail Service is used for business (commercial) purposes. Voicemail Service is provided for end users and cannot be resold or transferred to a third party. If the Company determines that Voicemail Service is being used for commercial use, then the Company may, in its sole discretion: (i) terminate the Service; (ii) determine that the Customer did not qualify for Voicemail Services and upgrade the Customer to an appropriate plan based on the Customer's use and retroactively adjust the amounts the Customer was charged to reflect the revised plan; and/or (iii) maintain the Voicemail Service Plan but additionally charge the Customer's excessive usage based on then current rates charged by the Company. The Company may make such determination based on the Customer's usage patterns and other criteria determined by the Company to differentiate between residential use and business use and the Customer shall pay the charges for the new business plan, even if the Customer did not have access to the full feature set of said plan.
Softphone Service Plans. Softphone Service is provided for residential use. Softphone Service is provided for end users and cannot be resold or transferred to any third party. If the Company determines that Softphone Service is being used for commercial use and not residential use, then the Company may, in its sole discretion: (i) terminate the Service; (ii) determine that the Customer did not qualify for Softphone Services and upgrade the Customer to an appropriate plan based on the Customer's use and retroactively adjust the amounts the Customer was charged to reflect the revised plan; and/or (iii) maintain the Residential Service Plan but additionally charge the Customer's excessive usage based on then current rates charged by the Company. The Company may make such determination based on the Customer's usage patterns and other criteria determined by the Company to differentiate between residential use and business use and the Customer shall pay the charges for the new business plan, even if the Customer did not have access to the full feature set of said plan.
Make a Call Service Plans. Make a Call Service is provided for end users and cannot be resold or transferred to any third party. The use of Make a Call Service does not require subscription to any other Service provided by Company. Company is not responsible for other charges made by traditional landline, cellular or any other telephone service providers. Make a Call Service does not support emergency calls. Make a Call Service is a pre-paid service and is not subject to a money-back guarantee.
Change in Service: New Features. If the Customer requests additional Services or features, then the Customer may do so by going to www.Rivul. The Company will pro-rate the additional charges from the date of activation for the balance of the billing period.
Termination Fee. The Customer will pay the termination fee set forth in the Plan Information, per each voice line if the Customer's Service is terminated for any reason during the first twelve months following the activation of each line included in the Service.
Porting out a number to another carrier. Rivul does not control the process to port out a number to another carrier. All port out requests are completed automatically. The new provider must be contacted to inquire about delays or problems associated with porting out of the customer's number. The customer must maintain service with Rivul until the number is ported. Once complete, customer must call and cancel service with Rivul, since Rivul is not informed of the completion. Failure to do so may result in the billing of Rivul service to continue.
Charges, Payments, and Taxes
Charges. The Company's fees and charges are set forth below in the applicable Plan Information. The Company's fees and charges may be changed by the Company from time to time, as described above. The Customer will be billed for Services, Equipment costs (including shipping), installation fees, taxes and other reoccurring charges, in advance, however usage charges, termination charges and other charges may be billed in arrears, as the Company shall determine.
Statement of Charges. The Company will post all its charges to the Customer's account maintained on the Company's website, from time to time. No email or other notification will be sent to the Customer. It is the Customer's duty and responsibility to review the Customer's account from time to time and to verify that all charges to the Customer's account are accurate and correct. The Customer agrees that all charges are due upon posting to the Customer's account. Usage charges are billed in increments that are rounded up to the nearest minute, unless indicated otherwise in the Company's rate schedules.
Payment of Charges. At the time the Customer activates the Service, the Customer must provide the Company with all the information requested in the Account Information, including a valid email address and a credit or debit card number from a card issuer acceptable to the Company (the "Charge Card").
Charge Card. The Company only accepts payment by Charge Card. By agreeing to these Terms of Service, the Customer authorizes the Company to charge the Charge Card for all charges owed by Customer under this Agreement. The Customer's Charge Card authorization will remain valid until 30 days after the Company receives written notice from the Customer terminating the Company's authority to charge the Charge Card. It is the Customer's responsibility to make sure that the Company has a valid Charge Card, and if the Company's charges are rejected for payment by the Charge Card, if the Charge Card expires or is cancelled due to loss, theft or if rejected for any other reason, the Company may suspend or terminate the Service at any time thereafter. The Company also may stop accepting Charge Cards from certain issuers as the Company may determine in its sole discretion. If the Charge Card is no longer current for any of the reasons listed above, then it is the Customer's responsibility to substitute a valid Charge Card in order to avoid interruption or termination of Service and payment of cancellation fees.
Late Fees. Amounts that are posted to the Customer's account will be deemed to be late if not paid within 15 days from the date of posting and will bear interest at the greater of the rate of 1.5% per month or the maximum rate allowed by law.
Taxes. The Customer will pay all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, tariffs, access fees or other fees or charges now in force or enacted in the future, that arise from or as a result of, the Service or Equipment (collectively, "Taxes"). Taxes are in addition to charges for Services and Taxes are due for any period of time while the Term is or was in effect, even if the Company fails to accurately or correctly bill the Customer. If the Customer claims to be exempt from payment of any Taxes, the Customer must provide the Company with proof of such exemption acceptable to the Company and the Company will continue to collect Taxes from the Customer until such exemption is established to the Company's satisfaction.
Charges for Directory Assistance, 411. The Customer will pay the amount set forth below in the Plan Information for each call made to directory assistance.
Billing Disputes. All disputes of any kind must be reported in writing to the Company no later than 60 days from the later of the date the disputed charge was posted to the Customer's account. Unless disputed within said 60-day period, all charges posted to the Customer's account are deemed to be correct and the Customer waives any claim after said 60-day period. Submission of a written dispute notice by the Customer shall not relieve the Customer of its obligation to timely pay all undisputed amounts. Disputes should be sent to:
FOR BILLING DISPUTES ONLY: (for equipment return, see below)
Rivul Customer Billing Department
102 NE 2nd Street, No: 381
Boca Raton, FL 33432
billing@Rivul
Credits and Refunds. Credits, refunds or payments must be used or claimed within two years from the date of such credit, refund or payment or shall be deemed to have been earned and correctly applied or paid.
Rivul reserves the right to reverse and/or deny any credit or refund for any reason at any time. All credits are not final until reviewed by the billing department. In order for a credit to be authorized, the billing department will make a determination as to whether or not the credit was justified. This determination will be based on the standards, regulations, policies, and objectives adopted by and governing the operation and services of Rivul. Once this determination is made, the credit will either be granted, denied, or reversed, at any time within the total and complete discretion of Rivul.
Terms of Money Back Guarantee [Not applicable to BYOD services]. The Company offers a 30 day money back guarantee if the Customer satisfies all of the following conditions:
Within 30 days from the date the Service with a new phone number is activated by the Company, the Customer must notify the Company of the cancellation. Notification can be given either on the Company's website (log into the Customer's account and follow the cancellation procedure) or by notifying the Company in writing (notice must contain account number and all of the Customer's information and the notice must be received by the Company on or before the expiration of the 30 days period). The cancellation of service in which a money back guarantee is inapplicable will result in a cancellation fee.
The Customer has complied with these Terms of Service.
The Customer cannot exceed the number of Guarantee Minutes allotted to the Customer's plan in the Plan Information, as set forth below. If the Customer's actual usage during the first 30 days exceeds the Guarantee Minutes for the Customer's plan, then the Customer is not eligible for a refund.
Within 14 days from the date the Company receives notice of the Customer's cancellation, the Customer must:
* all Equipment originally purchased from the Company must be returned to the Company in its original condition, without scratches, dents or other damage, normal wear and tear excluded. The returned Equipment must be received by the Company within said 14 days cancellation of the Service. The Customer is urged to send the returned Equipment by a shipping means that is insured and provides a tracking number; and,
* the Equipment is returned in its original packaging along with all cables, wires, transformers, manuals, warranty cards and all other original components. The UPC or bar code intact must be intact. The equipment must be returned to:
Rivul Communications
822 State Rte 44
Hartville, OH 44632
If the Customer satisfies all of the foregoing conditions, then the Company will refund (to the extent previously paid) to the Customer's Charge Card the following amounts: (i) activation fee; (ii) first month's Service charges; (iii) charges for the Equipment that is returned (but only for the amount the Customer was charged after rebates and discounts); and (iv) shipping charges paid by the Customer at sign-up (the Company will not refund shipping charges for the return of the Equipment).
The following are not covered by the 30 day guarantee, cannot be refunded and must be paid by the Customer: (i) Federal excise taxes, sales taxes and any other applicable taxes; (ii) minutes for any international usage (outside the continental U.S.), (iii) charges made to the Customer's telephone number for services such as "976" or "10-10" numbers or similar pay per call services; (iv) accepting charges for payphone calls or "reverse charge" calls; (v) directory assistance; or (vi) any other charges whatsoever that are attributable to the Customer's phone number and not part of the terms of the guarantee. (vii) Any service or charges associated with a ported number.
The Company reserves the right to revoke or terminate or modify the money back guarantee at any time and without notice.
Termination, Suspension or Discontinuance of Service
Termination. The Company reserves the right to terminate or discontinue the Service at any time, for any reason or for no reason, in the Company's sole and absolute discretion. If the Company discontinues or terminates the Service without fault of the Customer, the Customer will only be responsible for usage charges accrued while the Service was in effect and the Customer will be entitled to a credit for the unused portion of the final month's charges. If the Company terminates the Service due to the Customer's breach of any provision of this Agreement, then the Customer will pay all usage charges and applicable termination fees and will not be entitled to a credit for the unused portion of the final month's charges.
Suspension of Service. The Company reserves the right to suspend the Service, in whole or in part, including any features, at any time in the Company's sole and absolute discretion. If the Company determines that the suspension of the Service is without fault of the Customer, then the Customer may request a credit of the monthly charges for each day the Service was not in effect.
Equipment. The Customer may be required to use certain equipment to use the Service and all of its features, including modems, telephones, caller id sets and other equipment (collectively, the "Equipment"). The Plan Information, below, will determine whether the Company or the Customer will provide the Equipment and the cost (if any) to the Customer. The use and functionality of all Equipment when used in connection with the Service is governed by these Terms of Service. Except as set forth in these Terms of Service, the Company is not responsible for providing or repairing or replacing any Equipment, unless agreed otherwise by the Company in writing. The Customer must seek repairs or replacement in accordance with manufacturers warranties, if any.