ACN Digital Phone Service for Unlimited Calling

ACN DIGITAL PHONE SERVICE Customer Licensing Agreement Terms of Service

Welcome to ACN Digital Phone Service (the “Service”), which includes related products or devices used in conjunction with the Service such as Family Plan, analog terminal adaptors, video phones, routers or any other IP connection device used with the Service that is provided by ACN (collectively, “Device” or “Devices”) offered by ACN Digital Phone Service L.L.C., a Delaware company with offices at 1000 Progress Place, Concord, NC 28025-2449 (“ACN”).

These Terms of Service (“Agreement”) are between you (“you” or “customer”) and ACN for the use of the Service. You must enter into this Agreement by selecting the checkbox under terms and conditions and clicking the “Continue” button during the online registration process in order to use the Service. If you do not affirmatively agree to be bound by the Agreement online by selecting the checkbox and clicking “Continue” during registration, you will not be permitted to continue with the registration process. You understand that by selecting the terms and conditions box, or any button or link required during the sign-up process, you approve of the text preceding, as may be modified through online posting of such modifications on www.myacn.com from time to time, and are entering into a legally binding agreement with ACN under these terms. You hereby agree to the use of electronic communication in order to enter into contracts and to place orders, and agree to the electronic delivery of notices, policies and records of transactions initiated or completed with respect to the Service. You further waive any rights or requirements under any laws or regulations in any jurisdiction, to the extent permitted under applicable law, which require an original (i.e., non-electronic) signature or delivery or retention of non-electronic records.

If you are residing in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age, and you are under such age limit, you may not enter into this Agreement or use the Service. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use the Service, you may not enter into this Agreement and you may not use the Service. By entering into this Agreement, you explicitly state that you have verified in your own jurisdiction that your use of the Service is allowed.

1. EMERGENCY SERVICES- 911/E911 DIALING

1.1 Neither E911 nor 911 is available on ACN Family Plan subscriber lines. For a description of 911/E911 limitations for ACN Digital Phone Service subscriber lines see below.

1.2 Limited Availability of Traditional 911/E911 Services
You acknowledge that ACN does not offer access to emergency services in a manner similar to that provided by wireline telephone services that are commonly referred to as either basic 911, or Enhanced 911 (“E911”). There are important limitations associated with this Service detailed throughout this Section 1. In some areas, the Service will provide the emergency operator with automatic location and call-back information if you dial the digits 9-1-1. This is E911. In other areas, the Service will not provide the emergency operator with automatic location and call-back information if you dial the digits 9-1-1. This is basic 911. The type of service offered to each subscriber will be based on the type of service available at the subscriber’s location. The type of service offered to the subscriber will be indicated in the welcome email provided to the subscriber after the subscriber’s service has been activated. Given the Service’s limitations, you should have an alternative means of accessing 911 services.

1.3 Notice
You should inform household residents, guests and other third parties that may be present at the location where you make use of the Service of the limitations associated with the Service’s access to emergency services when the digits “ 9-1-1 “ are dialed. Specifically, you should advise such people of the potential unavailability and other limitations on basic 911 and/or E911, as detailed in this Agreement. Any Device that you use with the Service, along with any traditional telephone handsets connected to the Device, should include a warning sticker that informs any person who uses your account, with or without your permission, to access the Service (each a “User”) of the potential unavailability of 911 or E911 services. Warning stickers should have been included with the Device and it is your responsibility to ensure that the labels are properly affixed to all Devices and handsets. Should you need additional or replacement stickers, please contact our Customer Care at the number found on www.myacn.com.

1.4 Registration of Physical Location Required.
When you register for the Service, you must provide ACN with the physical location where you will be using the Service (the “Service Address”). THE SERVICE IS AVAILABLE ONLY AT THE SERVICE ADDRESS YOU PROVIDE TO ACN WHEN YOU SIGN UP FOR THE SERVICE. YOU WILL NOT HAVE ACCESS TO EMERGENCY SERVICES UNTIL YOU RECEIVE CONFIRMATION VIA EMAIL FROM ACN THAT YOUR EMERGENCY SERVICES FUNCTIONALITY HAS BEEN SUCCESSFULLY ACTIVATED. For each additional phone number that you add to your service, it will be for the Service Address on the account. The Service Address does not vary by phone number. You will receive separate confirmations for each phone number that you register for emergency services functionality. Further, in the event that you use your Service at a location other than the Service Address associated with the phone number of the Service, any call you make to emergency services may be sent to an emergency center near your originally registered address and not your actual physical location. In this situation, the emergency center may not be able to transfer your call to the appropriate emergency operator and may not be able to contact the relevant parties to provide you with assistance. Given these limitations, you should have an alternative means of accessing 911 services.

1.5 E911 Arrangements
ACN contracts with third parties to provide access to emergency services that includes call-back and location information in some locations. This type of access to emergency services is not offered in all areas of the country, but instead depends on the capabilities of each individual Public Safety Answering Point (“PSAP”) as well as the ability of our third-party provider to offer such capabilities with VoIP calls. In those areas where offered and subject to the limitations of its third party providers, ACN, will route your emergency call to the PSAP with your telephone number and Service Address information (as provided at the time of Service sign-up). You hereby authorize ACN to disclose your name, telephone number, Service Address information, and other relevant identifying information to third-party service providers, including, but not limited to, call routers, call centers and PSAPs, for the purpose of dispatching emergency services personnel to your Service Address.

1.6 911 Service Outages.

1.6.1 Service Outages Due to Power Failure or Disruption.
The Service, including 911 dialing, does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 dialing. You acknowledge that ACN is not responsible for Service outages due to power failure or disruption or any other impediment to your usage of the Service, and any loss of service, including 911 dialing, that may result. In the event you lose Service as a result of power failure or disruption or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement. In the event of outages due to a power failure or disruption, you agree that ACN is not required to provide you any credits or any other form of remuneration for the disruption of your Service.

1.6.2 Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or Internet Service Provider (“ISP”) Service.
Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 dialing, from functioning. You acknowledge that ACN is not responsible for Service outages due to Internet outage or suspension or termination of broadband or ISP service by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of Service, including 911 dialing, that may result. In the event you lose Service as a result of an Internet outage or suspension or termination of your broadband or ISP service provider or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement. You agree that ACN is not required to provide you any credits or any other form of remuneration for the disruption of your service in the event of outages resulting from outages, suspensions or termination of service by your broadband provider or ISP.

1.6.3 Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts.
Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, ACN will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including 911 dialing, may not function. You acknowledge that ACN is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 dialing, that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement. In the event of outages due to your broadband provider or ISP blocking the ports over which Service is provided, you agree that ACN is not required to provide you any credits or any other form of remuneration for the disruption of your Service.

1.6.4 Service Outage Due to Suspension or Termination of Your ACN Account.
Service outages due to suspension or termination of your account will prevent all Service, including 911 dialing, from functioning.

1.6.5 Other Service Outages.
If there is a Service outage for any reason, such outage will prevent all Service, including 911 dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

1.7 Network Congestion: Reduced Speed for Routing or Answering 911 Calls.
There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.

1.8 Alternate 911 / E911 Arrangements
IF YOU CARE TO AVOID THE LIMITATIONS OF ACN’S SERVICE WITH RESPECT TO 911 DIALING, YOU SHOULD OBTAIN AN ALTERNATE MEANS OF ACCESSING TRADITIONAL 911 OR E911 SERVICES, DEPENDING ON THE CAPABILITIES OF THE EMERGENCY RESPONSE CENTER RESPONSIBLE FOR YOUR LOCATION.

1.9 911 / E911 Limitation of Liability
IN NO EVENT SHALL ACN ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR ANY OTHER THIRD-PARTY PROVIDER OR ITS OFFICERS, DIRECTORS OR EMPLOYEES WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS. YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO 911 DIALING UNLESS IT IS PROVEN THAT THE ACT OR OMISSION PROXIMATELY CAUSING THE CLAIM, DAMAGE, OR LOSS CONSTITUTES GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT ON THE PART OF ACN.

ACN DOES NOT HAVE ANY CONTROL OVER WHETHER, OR THE MANNER IN WHICH, 911 CALLS USING OUR SERVICE ARE ANSWERED OR ADDRESSED BY ANY LOCAL EMERGENCY RESPONSE CENTER. ACN DISCLAIMS ALL RESPONSIBILITY FOR THE CONDUCT OF LOCAL EMERGENCY RESPONSE CENTERS AND THE NATIONAL EMERGENCY CALLING CENTER. ACN RELIES ON THIRD PARTIES TO ASSIST US IN ROUTING 911 CALLS TO LOCAL EMERGENCY RESPONSE CENTERS. ACN DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT.

2. SERVICE

2.1 Term
There is a two year service commitment when you sign-up and purchase your Video Phone device, one year for analog telephone adapter. All services, thereafter, are offered on a monthly basis. If you purchase a Device with your Service and you cancel that Service within two years of the ship date of your Video Phone device, one year for analog telephone adapter, an early termination fee of $199.99 will apply for the Video Phone and $59.99 for the analog telephone adapter. This fee will be prorated down by $5.00 for each month of service. Agreement automatically renews on a monthly basis on each Date without further action by you unless you give ACN written notice or contact ACN via email or telephone of non-renewal at least ten (10) days before the next Date. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for all charges incurred to date plus an early termination fee as defined on our company website, including without limitation unbilled charges (which may include international, overage charges, etc.), plus a disconnect fee, all of which immediately become due and payable. When initially subscribing for your Service or adding Service(s), ACN will charge then for the first month of Service(s) and make necessary adjustments on the first or subsequent invoice Date, prorating the month charge(s) based on the actual activation date of the Service(s). ACN may also charge and collect retroactively early termination, overage, disconnect usage and other charges not previously charged and collected. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

2.2 Lawful Use of Service

2.2.1 Account, Password and Security.
When you complete the online registration form, you agree to provide accurate, current, and complete information about yourself, including without limitation name, address and credit/debit card information (the “Personal Data”), and to maintain and update your Personal Data to keep it accurate, current, and complete. You may maintain or update your Personal Data via your ACN Digital Phone Service online account. You agree that ACN shall have no obligation to verify the Personal Data. You agree that ACN may rely on your Personal Data as accurate, current, and complete and you consent to use of Personal Data for any purpose by ACN and others involved in provision of the Service. You agree that if your Personal Data is untrue, inaccurate, not current, or incomplete in any respect, that ACN shall have the right, without obligation and in addition to its other rights and remedies, to terminate your Service. For information regarding ACN’s Privacy Policy and use of Personal Data, please go to www.myacn.com. You also must choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ACN immediately of any unauthorized use of your account or any other breach of security. ACN will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ACN or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

2.2.2 Use of Service
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from using the Services. In addition, you agree that if you or any User uses the Service in a manner that violates or attempts to violate the Acceptable Use Policy, ACN reserves the right to terminate your Service and the Agreement immediately and without advance notice, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges (including any overage charges), plus a disconnect fee. You acknowledge and agree that all of such charges will immediately become due and payable and you consent to ACN, at ACN’s discretion, immediately charging such amounts to your credit card or electronically withdrawing such amounts from your bank account. You are liable for any and all use of the Service by yourself and any User. If ACN, in its sole discretion believes that you have violated the above restrictions, ACN may, in addition to its other rights and remedies, forward the objectionable material, as well as your communications with ACN and your Personal Data and other personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

2.2.3 Residential Use of Service and Device.
If you subscribe to ACN ‘s residential services, the Service and any associated Devices are provided to you solely for residential use. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. ACN reserves the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. If ACN terminates your Service for the foregoing reason, you agree to be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges (including any overage charges), plus a disconnect fee. You acknowledge and agree that all of such charges will immediately become due and payable and you consent to ACN, at ACN’s discretion, immediately charging such amounts to your credit card or electronically withdrawing such amounts from your bank account.

2.2.4 Use of Service by Customers Outside the United States
While we encourage use of the Service within the United States to call other countries, ACN does not presently offer or support the Service to customers located in other countries. If you use the Service or Device from any country other than the United States, you do so at your own sole risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all such use of the Service by yourself or any person making use of the Service provided to you. ACN reserves the right, in addition to its other rights and remedies, to terminate your Service immediately and without advance notice if it determines that you are using the Service or Device outside the United States. If ACN terminates your Service for the foregoing reason, you agree to be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges (including any overage charges), plus a disconnect fee. You acknowledge and agree that all of such charges will immediately become due and payable and you consent to ACN, at ACN’s discretion, immediately charging such amounts to your credit card or electronically withdrawing such amounts from your bank account.

2.2.5 Blocking of Service
ACN may, without prior written notice, and consistent with applicable laws or regulations, block traffic to or from specific countries, cities, or NPA/NXX codes when ACN deems it necessary to take such blocking action to prevent, (i) the unlawful use of its services; (ii) the use of service in violation of this Agreement; (iii) nonpayment for service; or, (iv) network blockage or degradation of service to ACN’s customers. Service will be restored as soon as it can be provided following resolution of the applicable issues as described herein.

2.3 Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by ACN
As detailed above in Section 1, you acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by ACN Digital Phone Service) and that, accordingly, in the event of an outage of, or termination of service with or by, your ISP and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or ACN terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or Internet outage, the Service will not function until power is restored or the Internet outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures or Internet outages will also prevent dialing to emergency service numbers including the E911 calling feature. Should ACN suspend or terminate your Service, the Service will not function until such time as ACN restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement). In the event of outages due to Internet or power failure, you agree that ACN is not required to provide you any credits or any other form of remuneration for the disruption of your Service. If ACN terminates your Service for the foregoing reason, you agree to be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges (including any overage charges), plus a disconnect fee. You acknowledge and agree that all of such charges will immediately become due and payable and you consent to ACN, at ACN’s discretion, immediately charging such amounts to your credit card or electronically withdrawing such amounts from your bank account.

2.4 Non-Voice Systems
You acknowledge that the Service is not set up to function with outdialing systems including digital video recording systems, home security systems, medical monitoring equipment, fax machines and satellite TV systems. YOU AGREE THAT YOU HAVE NO CLAIM AGAINST ACN FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE SERVICE.

2.5 Copyright / Trademark / Unauthorized Usage of Firmware or Software
The Service and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, and all services, information, documents and materials on ACN’s website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of ACN are and shall remain the exclusive property of ACN and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You are NOT allowed to use interface devices not provided by ACN and such devices will not work with the Service. Notwithstanding this prohibition, if for some reason you attempt to use the Service through an interface device not provided by ACN, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service. Further, you agree that any such use of an interface device not provided by ACN excludes ACN from any liability from such use and further, you agree that any warranties that might otherwise apply to the Service are voided as a result of such use. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

2.6 Delivery of and Risk of Loss To Devices.
To provide the Services, ACN may provide Device(s) to you. All Device shipments are F.O.B. ACN ‘s facility. ACN ‘s liability for delivery shall cease, and title (if applicable) and all risk of loss or damage shall pass to you upon delivery to the carrier who delivers the Device to your address. You will own any Device that is part of the Service and bear all risk of loss of, theft of, casualty to or damage to the Device subject to the limited warranty provided in Section 5.3.1. Any delivery and payment for delivery of the Device by ACN is solely performed as a convenience to you and in no way shifts the risk of loss or damage from you to ACN.

2.7 Cancellation and Returns

2.7.1 You have the right to return any initial order of a Device and cancel the Service within 3 days after ACN ships your order to you (“Cancellation Period”). To cancel, you MUST call ACN Customer Care at 888 414-1958. After the Cancellation Period, no Device may be returned by you for any reason without prior approval by ACN pursuant to Section 2.7.2 below. There is no Cancellation Period for upgrades or downgrades of service.
2.7.2 Return Process. All returns of Devices, whether during the Cancellation Period or in connection with the warranty provided in Section 5.3.1, shall be in original packaging. You shall be responsible for all costs related to shipping the Device to ACN. Any Device returned to ACN without prior authorization for its return or not in original packaging may be refused by ACN . In order to return any Device to ACN, you must obtain a return material authorization (RMA) number from ACN by calling ACN Customer Care at 888-414-1958 and return the Device to the address provided by ACN undamaged and in good working condition, in its original packaging with its original contents. Failure to follow these procedures will prevent you from receiving any refund for the Device or warranty repair service. ACN will provide a replacement Device only if the Device is deemed to be defective and covered under the warranty provided in Section 5.3.1. ACN will not cover replacement for damaged, lost, stolen or modified Devices. Any Device returned by you that is not covered under warranty may be refused by ACN, and you will be responsible to pay return shipping charges.

2.8 Tampering with the Service or Devices
You agree not to, and not to allow any User to, hack or disrupt the Service or Devices or to make any use of the Service or Devices that is inconsistent with its intended purpose or to attempt to do so.

2.9 Theft of Service
You shall notify us immediately, in writing or by calling ACN Customer Care at 888-414-1958, if the Device is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as ACN receives notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service.

2.10 Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the Service provided by ACN. In addition, the Service is subject to different regulatory treatment than telephone service. You acknowledge and understand that this treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial governments or telecommunications regulatory agencies.

2.11 No 0+ Calling; May Not Support x11 Calling
ACN’s Service does not support 0+ calling (including without limitation collect, third party billing or calling card calling). ACN ‘s Service may not support 311, 511, 976, 900 and/or other x11 (other than 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.

2.12 Local Number Portability (LNP)
If you wish to transfer/port an existing telephone number to your ACN Digital Phone Service, you may do so, if technically feasible. You must follow the online instructions for switching your phone number. Family Plan lines are excluded from porting.

During the online ordering process, Customer will provide an electronic signature of Letter of Authorization which will begin the transfer/port process. Once the LNP process is initiated, this transfer may not be cancelled or interrupted by you. In the event that ACN is unable to transfer your telephone number due to technical or other issues, it will notify you and explain the options available to you. If you are porting a phone number to us, ACN may not be able to provide you some services, such as 911 location services, immediately. ACN recommends that you do not cancel your old service until the porting process is complete and you receive confirmation from ACN that your number has been successfully ported.

You may be able to take, or port, your current ACN Digital Phone Service phone number to another service provider. If you request your new service provider to port a number from us, and ACN receives your request from that new service provider, ACN will treat it as notice from you to terminate our Service for that number upon successful completion of porting. After the porting is completed, you will not be able to use our Service for that number. You’ll remain responsible for any early termination fee, and for all fees and charges through the end of that billing cycle, just like any other termination.

YOU ACKNOWLEDGE THAT AS PART OF THE SIGN-UP PROCESS FOR ACN DIGITAL PHONE SERVICE, YOU HAVE CONFIRMED YOU HAVE WORKING BROADBAND SERVICE. IF YOU REQUEST TO PORT YOUR NUMBER AND YOU DO NOT HAVE BROADBAND SERVICE, YOUR NUMBER COULD PORT, BUT YOU WILL NOT HAVE SERVICE AND WILL NOT HAVE ACCESS TO 911 CALLING.

3. CHANGES TO THIS AGREEMENT

ACN may change this Agreement, including the Acceptable Use Policy, Privacy Policy and rates applicable to the Service, from time to time, in its sole discretion. Notice of such changes will be deemed to be effective on the date the updated Agreement is posted to the ACN web site. You may review the current Agreement, including the Acceptable Use Policy, Privacy Policy and rates applicable to the Service, at any time by visiting www.myacn.com. Please review these documents at www.myacn.com periodically to familiarize yourself with the most current version. This Agreement as posted supersedes all previously agreed to electronic and written versions of this Agreement.

4. CREDIT / CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION

4.1 Credit
Applicants for ACN service(s) may be subject to credit review, as allowed by law. By requesting that service be initiated, you authorize ACN to check credit scores, and to request from consumer reporting agencies information regarding employment, credit history, past address, and in the event it becomes necessary, to recheck such information. If you believe that ACN has reported inaccurate information to a consumer reporting agency, you may send us a written notice describing the specific inaccuracy. Depending upon the results of the investigation, ACN may or may not request that said alleged inaccurate information be removed from your credit history. The results of a credit check will determine eligiblility for ACN promotions.

4.2 Billing; Payment; Overage Charges
You must provide a valid credit or debit card number (Visa, MasterCard, American Express, Discover or any other issuer then-accepted by ACN ) when the Service is activated. ACN reserves the right, in its sole discretion, to stop accepting credit cards from one or more issuers. If your card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise ACN promptly by either updating your card information within your “Personal Data” via your online account or contacting the ACN Digital Phone Service customer service department. Failure to maintain a valid credit or debit card on file or to update your information could result in your Service being suspended. ACN will bill all charges, including without limitation, applicable rate plan minute allotment, applicable taxes and surcharges monthly in advance except for usage-based charges, including, without limitation, per minute charges for incoming toll free (e.g. 800, 877, etc.) calls and international calling usage charges that vary by country, which will be billed monthly in arrears, and any other charges which ACN bills in arrears to your credit or debit card, including but not limited to: activation fees, monthly Service fees, advanced feature charges, equipment purchases, disconnect fees and shipping and handling charges. Any usage-based charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on ACN ‘s website, www.myacn.com. Service is intended for typical residential voice usage. Non-typical or non-voice usage may result in additional charges. ACN reserves the right to bill out of cycle for non-typical usage.

4.3 Billing Disputes
You must notify ACN in writing within 7 days after receiving your credit card statement if you dispute any ACN charges on that statement or such dispute will be deemed waived. Monthly bill itemization detail can be found at your Customer online account. You will not receive a separately itemized paper bill in the mail. Billing disputes should be delivered to the following address: support@acndigital.com

4.4 Payment
ACN accepts payments only by credit card or debit card as set forth in Section 4.2. The initial placement of your order by clicking the “Continue” button and accepting terms and conditions authorizes ACN to charge the credit or debit card account number on file with ACN , including any changed information you have given ACN, if the card expires or is replaced, or if you substitute a different card, for ACN charges as set forth in Section 4.2. This authorization will remain valid until thirty (30) days after ACN receives your written notice terminating ACN ‘s authority to charge your credit or debit card, whereupon ACN will charge you the disconnect fee and any other outstanding charges and terminate the Service. ACN may terminate your Service and this Agreement at any time in its sole discretion if any charge to your credit or debit card on file with ACN is declined or reversed, your credit or debit card expires and you have not provided ACN with a valid replacement credit or debit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you FULLY LIABLE to ACN for ALL CHARGES ACCRUED BEFORE TERMINATION and for all costs incurred by ACN in collecting such amounts, such as (but not limited to) collection costs and attorneys’ fees.

4.5 Termination/Discontinuance of Service
ACN reserves the right to change, suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of ACN or of a third-party provider to which ACN is subject), you will be responsible for, in addition to ACN ‘s other rights and remedies, the full month’s charges to the end of the current term, including without limitation unbilled charges, plus the disconnect fee set forth in Section 2.1, all of which immediately become due and payable.

4.6 Taxes
You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service and Devices. Such amounts are in addition to payment for the Service and will be billed to your credit or debit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide ACN with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date ACN receives such valid certificate.

4.7 Fees Associated with Collection of Outstanding Balance
If your service is canceled or suspended for any reason, you are still responsible for all the outstanding charges for that service, including payment of any bills that remain outstanding after that date of cancellation or suspension. In the event that ACN incurs any fees or expenses, including attorney’s fees or collection agencies fees, collecting or attempting to collect, any charges owed ACN, ACN may collect from you all such fees and expenses reasonably incurred, including a Late Payment Fee on the unpaid charges.

5. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION

5.1 Limitation of Liability
IN ADDITION TO THE DISCLAIMERS OF LIABILITY ELSEWHERE IN THIS AGREEMENT, IN NO EVENT SHALL ACN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR ANY OTHER THIRD-PARTY PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING E911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY THAT IS CAUSED IN WHOLE OR IN PART BY ANY OF THE FOLLOWING:

ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR OTHER THIRD PARTY.
EQUIPMENT, NETWORK OR FACILITY FAILURE.
EQUIPMENT, NETWORK OR FACILITY UPGRADE OR MODIFICATION.
FORCE MAJEURE EVENTS SUCH AS (BUT NOT LIMITED TO) ACTS OF GOD; TERRORISM, STRIKES;
FIRE; WAR; RIOT; GOVERNMENT ACTIONS.
EQUIPMENT, NETWORK OR FACILITY SHORTAGE.
EQUIPMENT OR FACILITY RELOCATION.
SERVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER.
OUTAGE OF CUSTOMER’S ISP OR BROADBAND SERVICE PROVIDER.
ACT OR OMISSION OF CUSTOMER OR ANY PERSON USING THE SERVICE PROVIDED TO CUSTOMER.
ANY OTHER CAUSE THAT IS BEYOND ACN ‘S CONTROL, INCLUDING WITHOUT LIMITATION
A FAILURE OF OR DEFECT IN ANY SERVICE, THE FAILURE OF AN INCOMING OR OUTGOING
COMMUNICATION, THE INABILITY OF COMMUNICATIONS (INCLUDING WITHOUT LIMITATION
911 DIALING) TO BE CONNECTED OR COMPLETED, OR DEGRADATION OF VOICE QUALITY.

ACN ‘S AGGREGATE LIABILITY FOR (I) ANY FAILURE OR MISTAKE; (II) ANY CLAIM WITH RESPECT TO ACN ‘S PERFORMANCE OR NONPERFORMANCE HEREUNDER OR (III) ANY ACN ACT OR OMISSION IN CONNECTION WITH THE SUBJECT MATTER HEREOF SHALL IN NO EVENT EXCEED SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.

IN NO EVENT SHALL ACN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL E911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, INFRINGEMENT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT ACN WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. THIS SECTION 5.1 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

5.2 Indemnification
Customer agrees to defend, indemnify and hold harmless ACN, its officers, directors, employees, affiliates and agents and any other third-party provider who furnishes products or services to Customer in connection with this Agreement or the Service or Device (and, at ACN’s option, either defend ACN and/or its service providers or pay ACN and/or its service providers cost of defense) from and against all claims, losses, damages, fines, liabilities, penalties, costs and expenses of any nature whatsoever (“Liability”), including reasonable attorneys’ fees, related to or arising from: (a) the use of the Service by Customer or any User; (b) any violation of applicable laws, regulations or this Agreement by you or any User; (c) negligent acts, errors or omissions by you or any User; (d) injuries to or death of any person, and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the gross negligence or willful misconduct of ACN; (e) claims for infringement of any intellectual property rights arising from your or any Users’ use of the Service, Software, the Internet, Personal Data or Content (as defined in Section 5.5.1 below); (f) claims arising from Content transmitted by or to you or Users; (g) the use of the Services with any interface devices not provided by ACN; or (h) the absence, failure or outage of the Service, including the 911 emergency response service accessible through the Services, and/or the inability of you or any User to be able to access emergency response center personnel, whether arising out of misrouting of 911 calls due to your failure to provide ACN with accurate and up-to-date Service Address information or other information or your failure to follow activation procedures for 911 calling. This Section 5.2 shall survive termination of this Agreement.

5.3 Disclaimer of Warranties
5.3.1 ACN will provide a limited warranty on the Device as to manufacturing defects only for a period of one (1) year from the date of purchase. This limited warranty does not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, does not apply to any defect caused by damage in transit, retailer handling or Customer handling. A Customer’s sole remedy for any breach of this limited warranty is to obtain a repaired or replacement Device, by following the return procedures set forth in Section 2.7 The limited warranty will also apply in lieu of the limited warranty included with the Device if such included limited warranty is less favorable to Customer than that contained herein.

5.3.2 OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE SECTION 5.3.1 ABOVE, THE SERVICE IS PROVIDED “AS IS” AND ACN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE OR THE DEVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, ACN DOES NOT WARRANT THAT THE SERVICE OR THE DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER ACN NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, THE SERVICE OR THE DEVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO ACN ‘S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S CONTENT, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ACN ‘S OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY ACN OR ACN ‘S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

5.4 No Third Party Beneficiaries
There are no third party beneficiaries to this Agreement. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

5.5 Content
5.5.1 You are responsible for any and all liability that may arise out of the content transmitted by or uploaded to you or Users using the Services (“Content”), including Family Plan customers. Customer hereby grants a non-exclusive, non-transferable, license to ACN and its third-party providers to use such Content, but solely in connection with and only for the term of the Service.

5.5.2 You shall assure that your or User’s Content and use of the Services will at all times comply with all applicable laws, regulations and written and electronic instructions for use. ACN reserves the right, in addition to its other rights and remedies, to terminate or suspend affected Services, and/or remove your or Users’ Content from the Services, if ACN determines that such use or Content does not conform with the requirements set forth in this Agreement or interferes with ACN ‘s ability to provide Services to you or others or ACN receives notice from anyone that your or Users’ use or Content may violate any laws, regulations, the Acceptable Use Policy or the Privacy Policy. ACN’s actions or inaction under this Section shall not constitute review or approval of your or Users’ use or Content.

6. ENFORCEMENT MATTERS

6.1 Conflicts
In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. In accordance with Section 3, ACN reserves the right to modify the Service at any time to reflect any change in any governing law, applicable tariff or underlying network service or component affecting the Service.

6.2 Governing Law
This Agreement, and the rights and obligations of the parties hereunder, shall be governed by the laws of the State of Michigan, without reference to its choice of law rules. In addition, this Agreement will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (“UCITA”), even if that law has been adopted in Michigan, and application of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods are hereby excluded.

All information available at www.myacn.com is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Services, Devices and publications are commercial in nature. Any materials copied or downloaded from this site for or on behalf of the United States of America, its agencies and or instrumentalities (“U.S. Government”), are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

6.3 Entire Agreement
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific Services we offer: Acceptable Use Policy and Privacy Policy. This Agreement including the Acceptable Use Policy, Privacy Policy and rates for your selected Service, constitutes the entire agreement between you and ACN and governs your use of the Service, superseding any prior agreements between you and ACN and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon ACN unless and until posted in accordance with Section 3 hereof as listed on www.myacn.com.

6.4 Severability
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

7. PRIVACY

ACN Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. ACN is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy applicable to you at www.myacn.com for additional information.

8. DIGITAL MILLENNIUM COPYRIGHT ACT - NOTIFICATION TO ACN REGARDING ALLEGED COPYRIGHT INFRINGEMENT

ACN has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. ACN reserves the right to remove any Content on the site which allegedly infringes another person’s copyright. Notices to ACN regarding any alleged copyright infringement on the site should be directed to ACN’s Office of General Counsel – North America at the address listed for ACN at the outset of this Agreement.