Business-Phones.US Terms and Conditions of Use

Business-Phones.US is an operating division of Xantek, Inc. (“we”, “us”, “our” or “Xantek”). Xantek provides its services to you (“Customer”, “you” or “end user”) subject to the following conditions: Xantek reserves the right to change the terms, conditions and notices under which the Xantek services are offered, including but not limited to the charges associated with the use of the Xantek services.

Services & Conditions

Xantek shall not be held liable for any delay or failure to provide service(s) at any time. In no event shall Xantek, its officers, Directors, Employees, Shareholders, Affiliates, Agents or Providers who furnish services to customer in connection with this agreement or the service be liable for any direct, incident, indirect, special, punitive, exemplary or consequential damages, including but not limited to loss of data, lost of revenue, profits or anticipated profits, or damages arising out of or in connection to the use or inability to use the service. The limitations set forth herein apply to claims founded in Breach of Contract, Breach of Warranty, Product Liability, Tort and any and all other liability and apply whether or not Xantek was informed of the likelihood of any particular type of damage.

1.1Xantek makes no warranties of any kind, written or implied, about the services which it provides.

1.2Customer agrees to pay any and all charges that he incurs while using Xantek’s service.

1.3Xantek unlimited or unmetered packages are intended for normal business use only. All unlimited or unmetered plans (“Unlimited Plans”) are subject to all of the Prohibited Use and Reasonable Use limitations set forth in this document.

1.4At Xantek’s sole discretion, you may incur a port away fee for any DID number(s) leaving Xantek’s network as this is a pass-through charge from Xantek’s underlying carrier(s).

1.5Customer agrees to submit any claim to binding arbitration.

1.6Violation of the laws of any competent jurisdiction may result in immediate account termination and/or disconnection of the offending service.

1.7Xantek reserves the right to terminate service at any time with or without notice if Customer is found to be in violation of Xantek’s Terms & Conditions. You agree that Xantek shall not be liable to you or to any third party for any modification, suspension or discontinuance of service.

2REASONABLE USE

Unusually high usage of the Service attributable to individual Accounts may impair Xantek’s ability to provide the Services and/or indicate misuse of the Services. Accordingly, for all Service Plans, reasonable use means that your use of the Service does not materially impair Xantek’s ability to provide the Service to other users.

UNLIMITED OR UNMETERED PLANS

All unlimited or unmetered plans (“Unlimited Plans”) are subject to all of the Prohibited Use and Reasonable Use limitations set forth in the Reasonable Use Policy. In addition, all unlimited or unmetered plans are subject to the following terms and conditions:

Unlimited Plans are for normal business use.

Excessive Use of Unlimited Plans is prohibited. “Excessive Use” means that your use exceeds 1000 minutes per station. Excessive Use is measured on a monthly basis. For example, if you have 7 stations (physical phones) and use 7,500 minutes in one month your use would constitute Excessive Use and would be in violation of the Reasonable Use Policy.

Xantek reserves the right to review and monitor your usage of your Unlimited Plan at any time (i) to calculate Excessive Use and (ii) compliance with this Reasonable Use Policy, including that there is no Excessive Use.

Except where prohibited by law, if you violate the Reasonable Use Policy, including but not limited to by Excessive Use of the Service, you hereby acknowledge and agree that Xantek may modify, suspend, terminate, disconnect or take any other reasonable action regarding your Service to prevent continued violation of this Reasonable Use Policy (a “Plan Modification”), including charging you on per minute basis, at Xantek’s published per minute rates, for any Excess Use or automatically converting your Unlimited Plan to a metered plan. You hereby agree to pay Xantek, and hereby authorize Xantek to charge your credit card for any additional fees, charges and penalties related to any Plan Modification.

AUTHORIZED USES; PROHIBITED USES

You understand and agree to use the Service only for lawful purposes and that you shall not, at any time, use the Service for any illegal, improper or abusive purpose or in any way which interferes with our ability to provide Service to other customers, prevents or restricts other customers from using the Service, or damages any Xantek or other customer’s property. Prohibited uses include, but are not limited to:

Behavior that is obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, or invasive of another’s privacy.

Creating a false Caller ID identity (“ID spoofing”) or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services.

Transmitting any material that may infringe the intellectual property rights or other rights of third parties.

Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit or otherwise avoid any Reasonable Use Policy.

Violating any U.S. or foreign law regarding the transmission of technical data through the Service.

You further understand and agree that:

You shall be solely liable for any transmissions sent through the Service and that Xantek has no control over the content of any transmission.

You will abide by all applicable Xantek policies and procedures and agreements related to the Services.

You shall not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.

You shall not interfere with other customers’ or third-parties’ use and enjoyment of the Service or use the Service in any manner which disrupts, prevents or restricts any other customer from using the Service.

Your use of the Service is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising).

You are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.

3Site Policies, Modification & Severability

We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

General Complaints

Please send reports of activity in violation of these Terms & Conditions to abuse@Xantek.cc. Xantek will reasonably investigate incidents involving such violations. Xantek may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may involve criminal and civil liability.

4911/e911 Emergency Service

4.1Traditionally, dialing 911 anywhere within the United States from a business or residential landline routes your call to a local Public Safety Answering Point (PSAP) dispatcher who is trained to aid you in emergency situations by dispatching emergency medical, fire and law enforcement agencies to your location. The dispatcher is instantly provided with your physical address information.

VoIP 911 Service differs from traditional 911 services due to limitations brought on by VoIP technology. It is nearly impossible to detect where a call originates when placed over the internet. e911 allows users to associate physical addresses with their DIDs, allowing them to have service similar to traditional 911.

When an emergency (911) call is placed over our VoIP network, the physical address you will enter at the time of e911 registration for a specific DID will be passed along to your local PSAP providing the dispatcher with the exact location help is required.

Use of our 911 Service costs a regulatory recovery fee of $1.49 per DID per month.

4.2You are not required to enable this feature. However, you will not be able to dial 911 from your account unless you have activated this service.

911 Requirments

4.3Due to recent FCC rulings and regulations, all customers who are using Xantek services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs.

Enhanced 911, the portion of our 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical address information may not be passed to the PSAP dispatcher. On occasions such as this you will be required to give the dispatcher the location of your emergency in order to receive emergency service assistance.

Due to the nature and instability of VoIP networks, we cannot and do not guarantee your emergency call will go through. Loss of power, Internet access and or several other conditions may cause 911 to be inoperable. We have no control over those types of situations and, therefore, can not be held liable. Xantek will do everything within our power to prevent service outages within our network.

In order for e911 address information to be passed to your local PSAP dispatcher, you must set your outbound caller ID value to the specific DID you are purchasing e911 service for. Therefore, by agreeing to these Terms & Conditions, you the customer agree to set the outbound Caller ID number to the DID you have enabled e911 services for when making an outbound 911 emergency call.

We have added an extension to our network which all Xantek users may call to test their Caller ID value. At any time, you may test your outbound caller ID value by dialing ‘811′ through our network.

By using Xantek’s Enhanced 911 service, Customer agrees that Xantek, it’s contractors, executives, members, customers, agents, employees, carriers, 911 providers, and any anyone else associated with Xantek is not held liable for emergency calls failing, even if it is determined that it is the fault of Xantek or it’s associates. Customer further agrees that they will notify their Customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the Xantek 911 service of our limitations and make Customers agree to not hold Xantek or Customer liable.

To get E911 service you must provide a current physical address for each DID: Current Physical Address: Name: Phone: Address: Location: City: State: Zip: