Ting Voice Terms and Conditions
If you choose to receive and continue phone service from Ting Fiber, LLC (“we”, or “us”) or any of our subsidiaries or affiliates1, you agree to be bound to the following terms and conditions, as well as Ting’s Terms and Conditions of Service, acceptable use policy, privacy policy, and consent to Ting’s network management practices.
VOIP SERVICE LIMITATIONS. The voice services are provided using the technology voice over the Internet Protocol (VoIP), which differs from traditional telephone service in several important ways. You will not be able to use the voice services in the event your internet connection is interrupted for any reason. PLEASE CAREFULLY READ ABOUT THE LIMITATIONS OF VOIP SERVICE BELOW. YOUR USE OF THE VOICE SERVICES IS EVIDENCE THAT YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS OF THE VOIP SERVICES, INCLUDING ABILITY TO REACH 911/E911. YOU AGREE TO ADVISE ANY VISITORS OR OTHER USERS OF THE VOICE SERVICES OF THESE LIMITATIONS. You acknowledge that the voice services are not represented as fail-safe. They are not designed for use in situations where error-free or uninterrupted service is essential. You expressly assume the risk of any damages from high-risk activities involving vital communications in which an error or interruption in the voice services could lead to material injury to business, persons, property, or the environment.
911/E911 AND EMERGENCY ALERTS
Voice services will not function without power or an active working internet connection. You are responsible for ensuring that your device is equipped with battery backup power in the event of a power outage as well as for the safe disposal of backup battery packs when their useful life is over.
The location and address associated with your voice services will be the address that you provide to Ting. You are responsible for ensuring that the location and address is accurate at all times. If you move the phone or other equipment, you are doing so at your own risk. There may be some delay in updating your service address to the proper databases to register a new location for 911/E911 calls, so you are taking on the risk of such delay in the event you move the device from the originally registered service location. FAILURE TO MAINTAIN ACCURATE LOCATION INFORMATION MAY CAUSE E911 COMMUNICATIONS TO FAIL.
911/E911 MAY NOT FUNCTION IF YOUR VOICE SERVICES ARE INTERRUPTED FOR ANY REASON, SUCH AS EQUIPMENT OR SOFTWARE FAILURE, POWER OUTAGE, NETWORK FAILURE, NETWORK CONGESTION, OR SUSPENSION OR DISCONNECTION OF SERVICES BY TING (DUE TO NON-PAYMENT OR ANY OTHER REASON). You should consider installing a backup power supply, maintaining a traditional phone line, or having a wireless phone as a backup.
DISCLAIMER. You understand and acknowledge that E911 calls may not connect to a public safety answering point or may improperly ring to the administrative line of the public safety answering point, which may not be staffed after hours or by trained 911 operators. You further understand and acknowledge that E911 calls may correctly connect to the public safety answering point, but may not automatically transmit your phone number and/or location information.
Limitation on Liability and Indemnification. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY AND ITS VENDORS, SUPPLIERS, AND UPSTREAM SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911/E911 USING THE SERVICES, OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS VENDORS AND SERVICE PROVIDERS (INCLUDING, WITHOUT LIMITATION, ALIANZA) FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE SERVICES, INCLUDING THOSE RELATED TO 911/E911 SERVICES PROVIDED TO YOU IN CONNECTION WITH THE SERVICES.
Billing. Ting will be billed monthly until you or Ting terminates service after thirty (30) days’ prior written notice. If your service order indicates a minimum term length, you may not terminate your services prior to the end of the term listed on your service order. Following expiration of a term set forth on your service order, the services will continue on a month to month basis. Ting may change the prices and fees for the services from time to time with at least thirty days’ notice to you (provided, however, that Ting will not change fees during the initial fixed term set forth on your service order). Ting may update third party and governmental taxes, fees, and surcharges without notice, but such charges will be outlined on your monthly bill. Calling plans billed on a flat monthly fee basis do not include certain call types. These call types will instead be charged on a per-call (e.g., operator services) or a measured basis (e.g., international calls). For billing purposes, a measured call begins when the call is answered by the called party or an automated answering device (such as an answering machine or fax machine); it ends when one of the parties disconnects the call. Measured calls are recorded in whole minutes, with partial minutes rounded up to the next whole minute. However, some providers (e.g. those involved in calls to foreign countries) may charge Ting for a completed call when the called party's line rings or after a certain number of rings. In these situations, Ting will charge for the call as if it were answered by the called party. Charges that include a fraction of a cent will be rounded up.
Equipment
Customer Equipment. You will be required to provide certain equipment such as a phone handset or equivalent, inside phone wiring and outlets, and a powered electrical outlet (“Customer Equipment”).
Company Equipment. You will need a multimedia terminal adapter (“EMTA”) installed by Ting in order to use the services. The EMTA and any other equipment installed by Ting (“Company Equipment”) is for your exclusive use during your subscription and will remain the property of Ting. You will be responsible for the loss, damage, or theft of the Company Equipment and will be required to pay a replacement charge to Ting in the event Company Equipment is not returned in good working condition.
Incompatible Equipment and Services. You acknowledge and understand that the voice services may not support or be compatible with: (i) certain non-voice communications equipment, including but not limited to alarm or home security systems that make automatic phone calls; medical monitoring devices; certain fax machines; and certain "dial-up" modems; (ii) rotary-dial phone handsets, pulse-dial phone handsets, and models of other voice-related communications equipment such as answering machines and traditional Caller ID units; (iii) dial around (10-10) calling; 976, 900, 700, or 500 number calling; (v) 211, 311, 511, or 811 calling; and (vi) other call types not expressly set forth in our product literature (e.g., shore-to-ship calling and outbound satellite calling).
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST THE COMPANY FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE COMPANY EQUIPMENT OR THE VOICE SERVICES AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT NOT SPECIFICALLY AUTHORIZED BY TING. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE SERVICES IN ACCORDANCE WITH THE AGREEMENT.
Accessibility. If you are deaf, hard of hearing, or speech impaired and need to reach emergency services, you should call 911 directly using TTY or a telecommunications relay service. Where possible, do not rely on 711 in the event of an emergency.
Portability. You may transfer your phone number(s) to or from us if the other service provider agrees to release or accept the transfer; performs the transfer without delay and without imposing non-industry-standard charges; you request the phone number transfer when you place your order for service; and the transfer of your phone number(s) does not, in our view, violate applicable law or our processes and procedures. Ting will treat a request to transfer a phone number to another provider as a request for cancellation of your voice services. If you terminate your voice service prior to making a transfer request and prior to initiating your new service with another provider, your account will no longer be active and the Company cannot port your existing number to your new provider.
Directories. Your name, address and phone number may be distributed in telephone directories or through directory assistance, and this information may be repackaged and made available in different formats by anyone, You expressly consent to such use and distribution. We take reasonable precautions to ensure that non-published and non-listed numbers are not included in our telephone directories or directory assistance services, and may charge you a fee for removing your information from such directories, although we cannot guarantee that errors will never occur. We may also disclose limited customer information to telephone companies so that your calls can be properly routed. THE LIMITATIONS IN THIS SECTION 6 SHALL APPLY WHERE WE MAKE AVAILABLE A DIRECTORY LISTING OR PUBLICATION OPTION. IF (i) ANY PHONE NUMBER FOR WHICH YOU HAVE REQUESTED UNLISTED STATUS IS PUBLISHED IN ANY DIRECTORY; (ii) ANY PHONE NUMBER FOR WHICH YOU HAVE REQUESTED NONPUBLISHED STATUS IS INCLUDED IN ANY DIRECTORY, ANY DIRECTORY ASSISTANCE DATABASE, OR IS OTHERWISE DISCLOSED TO ANY UNAUTHORIZED PERSON; (iii) ANY PHONE NUMBER WHICH YOU REQUESTED BE PUBLISHED OR LISTED IN ANY DIRECTORY OR DIRECTORY ASSISTANCE DATABASE IS NOT SO PUBLISHED OR LISTED, OR (iv) ANY PUBLISHED OR LISTED PHONE NUMBER CONTAINS MATERIAL ERRORS OR OMISSIONS, THEN THE TOTAL LIABILITY OF THE TING PARTIES AND THEIR SERVICE PROVIDERS IN CONNECTION WITH THE DESCRIBED ERROR OR OMISSION SHALL NOT IN THE AGGREGATE EXCEED THE MONTHLY CHARGES, IF ANY, WHICH YOU HAVE ACTUALLY PAID TO TING TO LIST OR NOT TO LIST OR TO PUBLISH OR NOT PUBLISH THE NUMBER FOR THE AFFECTED PERIOD. YOU SHALL HOLD THE TING, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS HARMLESS AGAINST ANY AND ALL CLAIMS FOR DAMAGES CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE ERRORS AND OMISSIONS DESCRIBED ABOVE.
Prohibited Uses. In addition to compliance with our Acceptable Use Policy, you required to abide by the following prohibitions: (i) autodialing or continuous or excessive call forwarding; (ii) fax broadcast or fax blasting; (iii) telemarketing including, without limitation, polling, political solicitation, or charitable solicitation; (iv) unlawful activities; (v) abusive conduct including, without limitation, threatening, harassing or fraudulent behavior; or (vi) any purpose that threatens the safety, security or use of our network or our business including, but not limited to, excessive usage. If you subscribe to residential services, you may not use the services for commercial purposes.