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Privacy Statement
Terms and Conditions
This agreement is between ADV Telecom ( Our Company) and the user (Our Customer") of all our various communication services including A-Z Call Termination related services.This Agreement governs both the Service and any ADV Telecom’s equipment.
BY SIGNING UP, REGISTERING OR ACTIVATING, USING OR PAYING FOR THE SERVICES OR DEVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND THAT YOU AGREE TO BE BOUND BY ALL TERMS HEREIN. IF YOU HAVE NOT READ AND UNDERSTOOD THIS ENTIRE AGREEMENT AND DO NOT AGREE TO BE BOUND BY ITS TERMS, DO NOT USE THE SERVICES OR DEVICE, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING ADV Telecom at Toll Free US and Canada 18778413512 or in Australia 1800817441 or UK 442030264675.
SERVICE:
Service is offered on a monthly basis for a term which begins on the date that ADV Telecom activates your Service and ends on the day before the same date in the following month, except for any plan that has a commitment associated with it. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you.
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CANCELLATION
Call ADV Telecom at Toll Free US and Canada 18778413512 or in Australia 1800817441 or UK 442030264675 to cancel at least ten (14) days before the end of the monthly term in which the notice is given. 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 the full month's charges to the end of the then-current term, including without limitation unbilled charges, all of which immediately become due, payable, and chargeable to your credit card. 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.
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1. Residential Use of Service
If you have subscribed to ADV Telecom’s Residential services, the Service is provided to you as a single usage (user) residential plan, for your own personal, residential, non-business and non-professional use. This means that you agree not to use, and may not use, the Service for any commercial activities, governmental activities, profit-making activities, and/or non-profit activities, including but not limited to home office, business, sales, tele-commuting, tele-marketing, auto-dialing, continuous or extensive call forwarding, call relaying, fax broadcast, fax blasting and any other activity that would be inconsistent with normal residential usage patterns. This also means that you may not sell, resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without the prior express written permission from ADV Telecom. You agree that if ADV Telecom determines in its sole discretion that you have used the Service, and/or anyone else has used the Service for any activities and purposes prohibited by this section it may immediately charge you ADV Telecom's higher rates for its Business service for all periods, including past periods, in which you use, or used, the Service for such prohibited activities together with a US$50.00 administrative fee for same, and that ADV Telecom may immediately charge such amounts on your credit card. ADV Telecom reserves the right to immediately stop your access to our network.. In addition to and without prejudicing or waiving any other remedies that it is entitled to,
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2 Business Use of Service
If you have subscribed to ADV Telecom’s Business services, the Service is provided to you as a business user. This means that you agree not to, and may not, sell, resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without the prior express written permission from ADV Telecom. You agree that the ADV Telecom Business Plan does not confer the right to use the Service for auto-dialing, call center activities, continuous or extensive call forwarding, call relaying, telemarketing, fax broadcasting or fax blasting, and that you may not use the Service for those purposes. ADV Telecom reserves the right to (1) immediately terminate or modify the Service, and (2) charge an administrative fee of US$100.00 per day of service during which Customer engaged in prohibited activities, if ADV Telecom determines, in its sole discretion that Customer's Service is/was being used for such prohibited activities or in any other manner prohibited by this Agreement.
Residential and Small Biz Freedom Plan. If a Residential and Small Biz Freedom line exceeds 5,000 minutes per month, from your bill date, within the continental US and Canada, ADV Telecom may notify the customer and bill for excess minutes at $0.02 per minute.
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3. Prohibited Uses of Service
You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers, or (2) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would (1) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. ADV Telecom reserves the right to terminate the Service immediately and without advance notice if ADV Telecom, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due, payable and chargeable to your credit card. If ADV Telecom, in its sole discretion believes that you have violated the above restrictions, ADV Telecom may forward the objectionable material, as well as your communications with ADV Telecom and your personally identifiable information to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding.
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4. Loss of Service Due to Power Failure or Internet Service/Broadband Outage
You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply; the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure the Device and other CPE equipment prior to using the Service. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by ADV Telecom) and that, accordingly, in the event of an outage of, or termination of broadband service with or by your Internet service provider ("ISP") and/or broadband provider, the Service will not function. If there is an interruption in the power supply and/or an ISP/broadband outage, the Service will not function until the power supply is restored and/or the ISP/broadband outage fixed. You will continue to be billed for the Service during such failures, terminations and/or outages unless and until you or ADV Telecom terminate the Service in accordance with this Agreement.
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5. Copyright
The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on ADV Telecom'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 ADV Telecom are and shall remain the exclusive property of ADV Telecom and nothing in this Agreement shall grant you the right or license to use 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 Customer in conjunction with providing the Service, or embedded in the Device, 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, and that the Device is exclusively for use in connection with the Service. You expressly agree that the Device is exclusively for use in connection with the Service and that ADV Telecom will not provide any passwords, codes or other information or assistance that would permit or enable you to use the Device for any other purposes. If you decide to use the Service through an interface device not provided by ADV Telecom, which ADV Telecom reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless ADV Telecom, against any and all liability arising out of your use of such interface device with the Service. You agree not to reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
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6 Tampering with the Device and Service
You agree not to change the electronic serial number, MAC or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from ADV Telecom in each instance which ADV Telecom may grant or deny in its sole discretion. ADV Telecom reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You agree not to disrupt or hack the Service or to make or attempt to make any use of the Service that is inconsistent with its intended purpose.
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7. Theft of Service or Device
You agree to notify ADV Telecom immediately, in writing or by calling the ADV Telecom customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
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8. Number Transfer on Service Termination
ADV Telecom may, solely at the Company's discretion, release any telephone number that was ported in to ADV Telecom by you and used in connection with your Service to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; (ii) your ADV Telecom account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account. ADV Telecom will not transfer or release telephone numbers that it has assigned for use in conjunction with your Service.
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9. Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by ADV Telecom. Some, but not all, of these distinctions are described in this Agreement. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums.
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10. No 900 Calls
The Service does not permit calls to 900 numbers or other pay-per-call services.
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911 EMERGENCY DIALING
PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF ADV TELECOM'S 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 or E911 CALLS.
ADV Telecom Basic 911 or Enhanced 911 (E911) service is different than traditional 911 land line service.
ADV TELECOM 911 SERVICE DOES NOT WORK IF YOU FAIL TO REGISTER OR UPDATE THE ADV TELECOM 911 SERVICE WITH YOUR CURRENT LOCATION.
THE ADV TELECOM 911 SERVICE MAY NOT BE ACTIVATED UNTIL UP TO 72 HOURS AFTER REGISTRATION
IF YOU FAIL TO REGISTER FOR E911 SERVICE, IT WILL COST YOU $15.00 EACH TIME YOU DIAL 911 EVEN IF YOU MADE THE CALL BY MISTAKE BY MISDIALING.
ADV TELECOM 911 SERVICE WILL NOT WORK IF THERE IS AN ELECTRICAL OR INTERNET SERVICE OUTAGE DUE TO ANY CAUSE
ADV TELECOM 911 SERVICE WILL NOT WORK IF YOUR SERVICE HAS BEEN CANCELLED BY YOU OR TERMINATED BY ADV TELECOM
With E911 service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. If you live in locations where the emergency center is not equipped to receive your telephone number and address, you have basic 911. With basic 911, the local emergency operator answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number and location, he/she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if you are unable to speak.
As additional local emergency centers become capable of receiving our customers' telephone number and address information, customers will need to register a valid E911 service address to upgrade the service to E911. ADV Telecom will not inform you that new local emergency centers have been added. If your address is not covered by E911 service, ADV Telecom advises you to attempt to register your address periodically to determine if a new local emergency center has been added to your area.
Certain customers do not have access to either basic 911 or E911 because there are no local emergency centers in their area or they did not register for an E911 service address. If you do not have access to basic 911 or E911, your 911 call will be sent to the national emergency call center. A trained agent at the emergency call center will ask for the name, telephone number and location of the customer calling 911, and then contact the local emergency center for such customer in order to send help.
Examples of situations where 911 calls will be sent to the national emergency call center include when there is a problem validating a customer's address during 911 address registrations, the customer is identified with an international location, or the customer is located in an area that is not covered by the landline 911 network.
Emergency personnel do not receive your phone number or physical location when your 911 call is routed to a national emergency call center. Therefore, you must be prepared to give the operator your phone number and location and any other information that the operator might request. For the 911 calls which are answered by a national emergency call center, the fee for the first 911 call within a 12 month period will be waived.
You authorize the national emergency call center to disclose your name and address to the third party or parties involved with providing emergency services to you, including, without limitation, call routers, call centers and local emergency centers.
The Multi Line feature supports and requires a service address record for each Multi Line instance. Each new device associated through the Multi Line feature must either enter a 911 service address or opt out of BV 911 service. Any modifications to the 911 address on file shall be the sole responsibility or the End User.
The Multi Presence feature does not support multiple, simultaneous service address records. Any additional devices using the Multi Presence feature will be associated and bound to the primary line and the associated ADV Telecom 911 service address. Only one (1) 911 service address shall be permissible while utilizing the Multi Presence feature. Any modifications to the 911 address on file shall be the sole responsibility or the End User.
2.3 Notify All Users
You are responsible for informing any household residents, guests and other third persons who may be present at the physical location where you utilize the ADV Telecom 911 SERVICE of the important differences in and limitations of ADV Telecom 911 SERVICE as compared with traditional 911 land line or cell phone service.
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2.4 Registration of Physical Location Required
For each primary phone number that you use for the Service, you must register with ADV Telecom the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any 911 calls you make using the ADV Telecom 911 SERVICE may be sent to an emergency center near your old address. You must register your initial location of use when you subscribe to the Service.
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Thereafter, you may register a new location by following the instructions from the "911" registration link in your ADV Telecom Account Portal. For purposes of the ADV Telecom 911 SERVICE, you may only register one location at a time for each primary phone line you use with the Service.
2.5 Re-Registration Required if You Change Your Number or Add or Port New Numbers
ADV Telecom 911 SERVICE does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number and receive confirmation from ADV Telecom.
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2.6 Confirmation of Activation Required
Your ADV Telecom 911 SERVICE will not be activated for any phone line that you are using with the Service, unless and until you receive an email from ADV Telecom confirming that the ADV Telecom 911 SERVICE has been activated for that primary phone number. The activation may take up to three days to complete.
2.7 Service Outages
Unlike traditional 911 land line service, the ADV Telecom 911 SERVICE can FAIL for a number of reasons. The reasons are as follows
a. An electrical power outage.
b. Internet outage, including loss of connectivity, suspension or termination by your broadband or Internet service provider, the blocking of ports by your broadband or Internet service provider and Local Area Network issues.
c. Termination of your ADV Telecom Services/Account.
d. In addition, a local or national disaster and subsequent spike in the number of calls may result in long connection times, busy signals or failures to connect.
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You acknowledge and understand that the Service and ADV Telecom911 Service do not function in the event of power failure. Should there be an interruption in the power supply, the Service and ADV Telecom911 Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure the Device and other CPE equipment prior to using the Service and ADV Telecom911. You also acknowledge and understand that the Service and ADV Telecom911 Service requires a fully functional broadband connection to the Internet (which is not provided by ADV Telecom) and that, accordingly, in the event of an outage of, or termination of broadband service with or by your Internet service provider ("ISP") and/or broadband provider, the Service and ADV Telecom911 Service will not function. If there is an interruption in the power supply and/or an ISP/broadband outage, the Service and ADV Telecom911 Service will not function until the power supply is restored and/or the ISP/broadband outage fixed.
You acknowledge that ADV Telecom is not responsible for any service outage related to the loss of electrical power, connectivity, suspension or termination by your broadband or Internet service provider, the blocking of ports by your broadband or Internet service provider, suspension or termination of your ADV Telecom Services/Account or any failures resulting from local or national disasters.
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2.8 Disclaimer of Liability
You acknowledge and understand that ADV Telecom will not be liable for any Service outage and/or inability to dial 911 using the ADV Telecom Service or to access emergency service personnel due to the characteristics and limitation of the ADV Telecom Service as set forth in this document. You agree to defend, indemnify, and hold harmless ADV Telecom, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you 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, you or any third party user of the Service relating to the failure or outage of the Service, including those related to the ADV Telecom 911 SERVICE.
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INDEMNIFICATION:
You agree to defend, indemnify and hold harmless ADV Telecom and its officers, directors, members and employees from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from:
(a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service);
(b) the use of the Service, the Software, the Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service);
(c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service);
(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 active negligence or willful misconduct of the other party; or
(e) claims for infringement of any intellectual property rights arising from the use of the Service, the Software, the Equipment or the Internet.
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In addition, ADV Telecom does not have any control over whether, or the manner in which, calls using the ADV Telecom 911 SERVICE are answered or addressed by any local emergency response center. ADV Telecom disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. ADV Telecom relies on third parties to assist us in routing ADV Telecom 911 SERVICE calls to local emergency response centers and to a national emergency calling center. ADV Telecom 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. Neither ADV Telecom nor its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the ADV Telecom 911 SERVICE unless such claims or causes of action arose from ADV Telecom’s gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless ADV Telecom, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including ADV Telecom 911 SERVICE, incorrectly routed ADV Telecom 911 SERVICE calls, and/or the inability of any user of the Service to be able to use ADV Telecom 911 SERVICE or access emergency service personnel.
Furthermore, you acknowledge that ADV Telecom does not offer Lifeline service, and that if you are not comfortable with the limitations of the ADV Telecom 911 SERVICE, ADV Telecom strongly recommends that you always have an alternative means of accessing emergency service.
If the location at which you primarily use WiFi calling either temporarily or permanently changes you must register the new address by accessing your account portal at www.advtelecom.net. It may take 24 hours or more to update the address information.
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3. INDEMNIFICATION
THE TERM "ADV TELECOM" AS USED IN THIS SECTION SHALL MEAN ADV TELECOM PTY LIMITED AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
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4. LIMITATION OF LIABILITY
THE TERM "ADV TELECOM" AS USED IN THIS SECTION SHALL MEAN ADV TELECOM PTY LIMITED, AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
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THINGS BEYOND ADV TELECOM:
ADV Telecom will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
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ENTIRE AGREEMENT
This Agreement, including all policies posted on ADV Telecom's website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and ADV Telecom with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
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SATISFACTION GUARANTEE
ADV proudly stands behind our service with our 30 day satisfaction guarantee. Within the first 30 days of your activation you may upgrade or downgrade to any of our current promotional rates or cancel your plan with absolutely no hassle. If cancelling, all we ask is that you return our hardware and pay the initial month of service at the standard monthly rate for your plan. Shipping, handling and activation fees, if any, are non refundable.
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CALLER IDENTIFICATION
ADV TELECOM sends current Caller ID information with every call placed. ADV TELECOM has no control over the information that any terminating telephone company chooses to display. ADV Telecom will attempt to show caller ID but in most cases it is always the problem of the terminating company. We cannot be held responsible for any caller identification that the terminating company refuses to pass or show at the destination.
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