1. Acceptable Use Policy (AUP) Compliance.
Customer must at all times comply with this Acceptable Use Policy and as VerCom Systems, Inc. may update the same from time to time. If VerCom Systems, Inc. receives notice of Customer’s violation of the Acceptable Use Policy or illegal use of VerCom Systems, Inc.’s Services, facilities, network or third-party networks accessed through VerCom Systems, Inc.’s network, or VerCom Systems, Inc. otherwise learns of such use or has reason to believe such use may be occurring, then Customer will cooperate in any resulting investigation by VerCom Systems, Inc. or government authorities. Any government determinations will be binding on Customer. If Customer fails to cooperate with any such investigation or determination, or fails to immediately rectify any violation of the Acceptable Use Policy or illegal use, VerCom Systems, Inc. may immediately suspend or terminate the Service (including, without limitation, prior to the end of any Service Term). Further, upon notice to Customer, VerCom Systems, Inc. may modify or suspend the Service as necessary to comply with any law or regulation as reasonably determined by VerCom Systems, Inc.. Under no circumstances will Customer take any actions in connection with its use of the Service that could result in any harm or damage to VerCom Systems, Inc.’s network, any third-party network(s), VerCom Systems, Inc.’s premises, any equipment of VerCom Systems, Inc. or any other VerCom Systems, Inc. Customer.
2. Use Guidelines:
- Unusually high usage of the Service attributable to an individual Customer may indicate misuse of the Services. Accordingly, for all service plans “Reasonable Use” means that Customer’s use of the Service does not materially impair VerCom Systems, Inc.’s ability to provide the Service to other users.
- All unlimited plans are subject to all of the prohibited use and normal use limitations set forth in this Acceptable Use Policy. In addition, all unlimited plans are subject to the following terms and conditions:
- Unlimited plans are for normal business use only;
- Unlimited plans cannot, under any circumstances, be used for call-in lines, call centers (other than ACD Queues provided by VerCom Systems, Inc.), conference calling (other than 3-way calling and conference bridge calling provided by VerCom Systems, Inc.), continuous or extensive call forwarding, autodialing, fax blasting, telemarketing (including without limitation charitable or political solicitation and/or polling), junk faxing, fax spamming, machine to machine calling, or other high volume or multi-person calling or faxing purposes;
- Unlimited voice services are provided solely for live dialog between individuals. For purposes of the Agreement and Customer’s plan, “unlimited usage” means the combined number of inbound and outbound voice minutes and fax pages, but specifically excluding all advertising and informational messages sent to Customer directly from VerCom Systems, Inc., as determined by VerCom Systems, Inc. in its sole discretion. VerCom Systems, Inc. reserve the right, at any time, to enforce this policy in accordance with this Agreement;
- VerCom Systems, Inc. reserves the right to review and monitor Customer’s usage of its unlimited plan (i) to calculate Excessive Use and (ii) confirm compliance with this Acceptable Use Policy.
- The Services may not support calls to 211, 311, 511, 611, 711, 811, and 900.
- There will be additional charges for calls made to local directory services such as 411.
3. Lawful and Prohibited Use.
- Except where prohibited by law, if Customer violates the Acceptable Use Policy, including but not limited to Excessive Use of the Service, Customer hereby acknowledges and agrees that VerCom Systems, Inc. may modify, suspend, terminate, disconnect or take any other reasonable action regarding Customer’s Service to prevent violation of this Acceptable Use Policy, including charging Customer on per minute basis at 5.5 cents per minute for domestic outbound calls, for any excess use or automatically converting Customer’s unlimited plan to a metered plan. Customer hereby agrees to pay VerCom Systems, Inc., and hereby authorizes VerCom Systems, Inc. to charge Customer’s credit card or bank account for any additional fees, charges and penalties related to Excessive Use.
- Short Duration Call Prohibition; VerCom Systems, Inc. reserves the right to charge all short duration calls (calls under 10 seconds in length) a 5.5 cents per call assessment if VerCom Systems, Inc. (or any Government Agency, or appointee) determines, in its sole discretion, that Customer has an excessive volume that consist of such short duration calls.
- Customer understands and agrees to use the Services only for lawful purposes and that Customer shall not, at any time, use the Services for any illegal, improper or abusive purpose or in any way which interferes with VerCom Systems, Inc.’s ability to provide Services to other customers, prevents or restricts other customers from using the Services, or damages any VerCom Systems, Inc. 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;
- Harvesting or otherwise collecting information about others, including phone numbers or email addresses, without their consent;
- Knowingly transmitting any material that contains viruses, time bombs, trojan horses, worms, or any other programs that may be harmful or dangerous;
- Machine to machine calling, including Autodialing, predictive-dialing, or robo-dialing
- Calling card, conference calling, or similar services that participate in traffic simulation or traffic pumping practices or schemes resulting in abnormal or excessive charges.
- Creating a false Caller identity (“ID spoofing”), Transmission of caller identity which you do not have a legal right to use, or forged email address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services;
- Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid this Acceptable Use Policy;
- Violating any U.S. law regarding the transmission of telephone calls, data or software exported through the Service;
- Violate any law, rule, or regulation or violate any party’s intellectual property or personal rights, or exceed Customer’s permitted access to the Service, Service Portals, or Systems.
- Customer further acknowledges and agrees that:
- VerCom Systems, Inc. will fully comply with the Communications Assistance for Law Enforcement Act of 1984 (CALEA),TRACED ACT, and all rules and regulations promulgated thereunder, as the same may be amended from time to time. Customer agrees to VerCom Systems, Inc.’s right to monitor, tap, trace or otherwise disclose the nature and content of Customer’s communications if and as required by law enforcement authorities, without notice to Customer.
- Customer shall be solely liable for any transmissions sent through the Services and that VerCom Systems, Inc. has no control over the content of any transmission;
- Customer shall not attempt to gain unauthorized access to the Services, other accounts, PBX systems, computer systems or networks connected to the Services;
- Customer shall not interfere with other customers’ or third-parties’ use and enjoyment of the Services or use the Services in any manner which disrupts, prevents or restricts any other customer from using the Service;
- Customer’s use of the Services is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing payment collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, telecommunications laws, and false advertising);
- Customer is solely responsible for all acts or omissions that occur under Customer’s account or password, including the content of Customer’s transmissions through the Services.
- The transmission of unsolicited calls using the Service for broadcasting and/or transmitting of unsolicited audio or fax advertisements is illegal under federal law, including the Federal Telephone Consumer Protection Act of 1991, The TRACED ACT of 2020 (Telephone Robocall Abuse Criminal Enforcement and Deterrence Act) and under a number of similar state laws. Distribution of unsolicited voicemail, broadcast, and fax advertisements, robocalling, through the Services is prohibited. Customer shall not use the Services to send or transmit any unsolicited communications or advertisements, and acknowledges and agrees that VerCom Systems, Inc. may immediately terminate Customer’s right to use the Services without any liability of any kind if Customer conducts such activity. VerCom Systems, Inc. may use technologies and procedures, such as filters, that terminate such robocalling and/or unsolicited advertisements without delivering them. Customer hereby releases and agrees to hold harmless VerCom Systems, Inc. from and against any damages or liabilities of any kind related to any telephone calling (inbound or outbound), voicemail, broadcast and/or fax spam or solicitations that Customer may send and/or receive using the Services.
4. Theft of Service.
Customer may not use or obtain VerCom Systems, Inc.’s Service in any manner that avoids VerCom Systems, Inc. policies and procedures, including an illegal or improper manner. Customer will notify VerCom Systems, Inc. immediately via email, voice call and in writing if a Service related device is stolen or if Customer believes that Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When Customer notifies VerCom Systems, Inc. of any of these events, it must provide a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of Service. If Customer fails to notify VerCom Systems, Inc. via email, voice call and in writing in a timely manner, Service is subject to being disconnected and/or incurring additional charges. Until Customer notifies VerCom Systems, Inc. via email, voice call and in writing, Customer will remain liable for all use of the Service through the date notice is received by VerCom Systems, Inc..
5. No Resale of Service.
Customer may not resell the Service or any Service related device or provide a telephone service to anyone else by using VerCom Systems, Inc.’s Service or features of Customer’s Service without first obtaining VerCom Systems, Inc.’s prior written consent.
6. No Alterations or Tampering.
If Customer copies or alters or has someone else copy or alter the firmware or software of any Device, or service in any way that facilitates a compromise of VerCom Systems, Inc. Service, Customer is responsible for any charges that result. Customer may not attempt to hack or otherwise disrupt VerCom Systems, Inc. Service or make any use of the Service that is inconsistent with its intended purpose.
7. Use of Service outside the USA.
If Customer moves a device to a country outside of the United States or uses the Service from outside the United States, Customer does so at its own risk, including the risk that such activity violates local laws in that country. Customer will be solely responsible for any violations of local laws and regulations or violations of Internet or other related terms of service resulting from such use. VerCom Systems, Inc. reserves the right to disconnect Services immediately if VerCom Systems, Inc. determines, in its sole and absolute discretion, that Customer has used the Service or a device in violation of applicable laws of jurisdictions outside the United States. Customer is solely liable for any and all use of the Service and/or device by any person making use of the Service or device provided to Customer.
8. Reasonable Use.
VerCom Systems, Inc. desires that Customer and Users understand the intended and permissible uses of VerCom Systems, Inc. Products and Services, and further desires to prevent fraud, exploitation and abuse of VerCom Systems, Inc. calling plans and features. Certain calling plans, including unlimited calling plans, are designed for normal commercial use and are not intended to represent typical usage by unique organizations such as call centers, resellers, fax messaging services, telemarketing firms, or for use without live dialog, such as transcription services, intercom or monitoring services. Unauthorized or excessive use beyond that normally experienced by typical business customers violates this AUP and may cause congestion issues and interfere with VerCom Systems, Inc. ‘s network and third-party networks with whom VerCom Systems, Inc. connects for call initiation and completion services. As a guide, Users will be considered to be in violation of this AUP when any of the following occur:
- Aggregate domestic calling exceeds 1,295 minutes per Enterprise subscriber line per month;
- Aggregate domestic calling exceeds 886 minutes per Professional subscriber line per month;
- Aggregate domestic calling exceeds 572 minutes per Standard subscriber line per month;
- Aggregate domestic calling exceeds 366 minutes per Voicemail Only subscriber line per month;
- Aggregate domestic calling exceeds 2,500 minutes per SIP trunk channel per month.
- Voice to Text message conversion exceeds 200 minutes per subscriber line per month;
- Facsimile pages exceed 200 pages per subscriber line per month.
VerCom Systems, Inc. reserves the right to review Users’ accounts at any time for potential abuses of this AUP. VerCom Systems, Inc. may determine abnormal or abusive usage based on comparisons to the usage patterns of other customers. If it is determined that Users violate this AUP or Fraud Policy, VerCom Systems, Inc. may invoice User, and User shall pay a per minute or per page fee for excessive use at the then-current rates established by VerCom Systems, Inc.. In addition to such excessive use charges, if VerCom Systems, Inc. identifies excessive or abusive traffic patterns, VerCom Systems, Inc. reserves the right to change Customer’s applicable rate plan or suspend or terminate Service with or without notice.
9. Voice to Text Conversion, Voicemail to email Limitations.
Certain VerCom Systems, Inc. Services provide a function that allows voicemails to be converted to text, and Voicemail to Email. Customer understands and agrees that VerCom Systems, Inc.’s Voice to Text feature may not accurately transcribe the recorded voice message, and delivery of a Voice to Text converted message, or voicemail to email message may not be delivered in a timely manner or delivered at all. Customer is solely responsible for checking the original voicemail and verifying the accuracy of the message when using any and all Voice to Text features. Customer is solely responsible for checking the voicemail system to check for new messages. VerCom Systems, Inc. expressly disclaims all liability with respect to the conversion of voicemails to text, emailing of Voicemail messages, and any charges to Customer related to Voice to Text conversion are exempt from any Service Level Agreement and any credit for service outages. Customer hereby fully, finally and forever releases, discharges and holds harmless VerCom Systems, Inc. from and against any damages or liabilities of any kind related to the use of Voice to Text, VoiceMail to Email features when using the Services.
10. 911 INTRODUCTION
VerCom Systems, Inc. 911 Service enables Customers to communicate with emergency services by dialing 911. However, VerCom Systems, Inc. 911 Service is different in important ways from traditional landline 911 and cellular/wireless E911. The differences are detailed in this 911 Policy and Customer agrees to notify any and all potential users of the Services, who may place 911 calls using Customer’s Services of the limitations. VerCom Systems, Inc. 911 Service is a mandatory component of all VerCom Systems, Inc. Voice over Internet Protocol (“VoIP”) service (“Service”) per FCC regulation https://www.fcc.gov/consumers/guides/voip-and-911-service
11. Description of Emergency Dialing Capabilities and Limitations
When Customer dials 911, the call is typically routed from VerCom Systems, Inc.’s network to the Public Safety Answering Point (“PSAP”) or local emergency service personnel designated for the physical address Customer provided to VerCom Systems, Inc. (as may be updated by Customer). In most cases, the dispatcher at the PSAP will also receive Customer’s telephone number and address. See Section 6 for exceptions. Customer is advised to thoroughly read and understand this 911 policy.
- Text-To-911. The Services are not set up to function with text messages to 911.
- Local PBX. Calls made from a non-premise phone system (PBX) using SIP trunking access may not be able to provide location and number information to 911 call center.
- Mobile Applications. Calls to 911 placed from the VerCom Systems, Inc. application or 3rd party applications on a smartphone, tablet, Laptop, or other mobile device are not supported.
- Configuration Changes. Changes to location caller ID and/or other settings in the system by Customer, or on Customers behalf may prevent 911 call routing and completion.
- Non-Voice Systems.Security systems, medical monitoring equipment, TTY equipment, application-dialing services such as APIs or plugins, and entertainment equipment and systems are not supported.
12. Registered Location
- Registered Location Required: All Customers are required to register the physical location of their Service when placing a Sales or Service Order with VerCom Systems, Inc.. Customer agrees to ensure that the physical location of its Service is correctly registered, and to immediately update such location whenever the physical location of the Service changes. Customer acknowledges and understands that any location information passed to emergency personnel by VerCom Systems, Inc. will be based upon the physical location information provided by the Customer. For 911 location changes and updates, Customer is to send an email to support@VerComSystems.com and show in the subject line, “911 address change” with the new location information. A 911 location update may take up to 48 hours to propagate through the system before it is effective.
- Use of Service Outside the United States. Customer acknowledges that any caller using the Service from any location outside the United States will connect the caller to a USA emergency call center with limited functionality for the location outside the USA.
- Failure to Designate and Identify the Correct Physical Address: Customer’s failure to provide and keep current Customer’s correct physical location(s) will result in any 911 call or other emergency communication made by Customer or from Customer’s location (if different from the location previously supplied to VerCom Systems, Inc. by Customer) being routed to the incorrect local emergency service provider. Customer’s physical location(s) may NOT be a post office box, mail drop or similar address. Neither VerCom Systems, Inc. nor Customer shall assume under any circumstances that Customer’s physical office location for 911 calling purposes is the same as Customer’s billing address for receipt of invoices.
- In the event a return call is required to be made from the 911 emergency service operator, Customer acknowledges VerCom Systems, Inc. is not responsible if the return call is not completed or is routed to the wrong point due to system or telephone settings such as Do Not Disturb, Automated Attendants, IVR systems, Voice Mail systems, call routing, Hunt group settings, answering services, and any other system or routing established by Customer or VerCom Systems, Inc., or for any other reason.
13. Service Outage or Delay
- Power Failure or Disruption of Internet service: Customer acknowledges emergency dialing will not function in the event of a power failure or overload disruption of service. If there is an interruption in the power supply of Internet service, or other failure of Internet service, or Internet access is limited or restricted, the Service and 911 emergency dialing may not function until connectivity is restored. A power disruption may require Customer to reset or reconfigure equipment prior to using the Service or being able to make emergency 911 calls.
- Service Suspension or Termination by VerCom Systems, Inc.: A Service outage or suspension (including, without limitation, suspension of Service due to billing issues or delinquent or unpaid invoices) or termination of Service by VerCom Systems, Inc. will prevent operation of all Service, including the ability to make emergency 911 calls.
- Equipment failure and misconfiguration: Service may not function if the operation of the equipment on your premises fails or is disrupted, or if other equipment including software, network, and network components fail or is disrupted in our locations (offices, data centers) for any reason including but not limited to hardware or software failures or misconfiguration, either by VerCom Systems, Inc., the customer and/or any of our vendors. VerCom Systems, Inc. does not and cannot guarantee that the service will be continuous or error-free. You acknowledge and understand that a failure of equipment can occur and it is the Customer’s sole responsibility to retain alternative means of communication for emergencies.
- 911 Service verification: It is Customer responsibility to test and validate registered location and telephone number information for 911 by calling ( 911 or 933 where available) on phones in all locations, and notify VerCom Systems, Inc. if any change as described in section 12 above. If 911 calls are made from an unregistered telephone number and/or from a location where caller ID has not been activated correctly, emergency calls may not be routed or handled properly and will be identified as a Rogue 911. Any Rogue 911 call may be sent to a specialized call center and subject to a service charge of up to $300.
14. Number Identification
Due to limitations at PSAPs, it may not be possible for the PSAP and the local emergency personnel to identify Customer’s telephone number when Customer dials 911 via VerCom Systems, Inc. Service. PSAP and emergency personnel may be unable to identify Customer’s telephone number in order to call Customer back in the event that an emergency call is unable to be completed, is dropped or disconnected, or if a caller is unable to speak to provide the telephone number from which the call is made, and/or if the Service is not operational for any reason including, without limitation, the reasons and situations listed elsewhere in this 911 Policy and/or the Terms and Conditions of Service.
15. Location Information
Due to limitations at PSAPs, it may not be possible to transmit identification of the Customer physical location address to the PSAP and local emergency personnel for Customer’s area when Customer or any caller at Customer’s premises dials 911. When answered a caller must state the nature of the emergency promptly and clearly, including the caller’s specific physical location, and provide a working call back number, as PSAP and emergency personnel may not have this information. PSAP and emergency personnel may not be able to find a caller’s location if the call is unable to be completed, is dropped, disconnected, or if the caller is unable to speak to provide the location from which the call is made and/or if the Service is not operational for any reason including, without limitation, those reasons and situations listed elsewhere in this 911 Policy and the Terms and Conditions of Service. In situations where a 911 call cannot be routed to the local PSAP, the 911 call may be routed to a National Emergency Call Center (NECC). This can happen for a number of reasons including if there is a problem validating a registered address for the caller, as described above in Section 3. An NECC operator will ask for name, location, and telephone number that can be reached for a call back from emergency responders in the caller’s area, or in case the call is dropped or disconnected.
16. Warning Labels & Notifications
Per FCC regulations, Customer must notify anyone on their premises (staff, customers, vendors, agents etc) about the 911 Policy by affixing warning labels on or near the equipment used for VoIP service. Customer, will provide warning notifications/labels regarding the limitations or unavailability of 911 emergency dialing (the “911 sticker”) to anyone using a Mobile Device.
17. Limitation of Liability and Indemnification
Customer acknowledges and agrees that VerCom Systems, Inc. disclaims any and all liability for any service outage or inability to complete emergency 911 calls from any customer line or customer premises or to access emergency service personnel. 911 alert notification delivered via email, SMS, audible, or visual alarms may be delayed or interrupted due to network or system congestion. Customer shall protect, defend, indemnify, and hold harmless VerCom Systems, Inc., its officers, directors, employees, affiliates, contractors, and agents and any other service provider that furnishes services to customer in connection with the Service, from any and all claims, lawsuits, losses, damages, liability, fines, penalties, costs, and expenses including, without limitation, attorney’s fees and costs, arising from, or related to, any absence, failure, or outage of the Service, including, without limitation, inability of customer, any party, or user of VerCom Systems, Inc.’s Service to be able to call 911 to access emergency service personnel, and/or if emergency responders do not respond at all or respond to the wrong physical location. In no event shall VerCom Systems, Inc. be liable to customer or any third party or user for incidental, indirect, consequential, exemplary, punitive, or special damages related to Customer’s (or any customer employee, agent, or contractor, or third person or third party or user of VerCom Systems, Inc.’s Service) use of or inability to use 911 services.
18. Abuse or Misuse of 911
Any abuse or misuse of 911 services may result in penalties and additional charges.
19. CPNI PROTECTIONS (Customer Proprietary Network Information)
VerCom Systems, Inc. is dedicated and committed to protecting the privacy of our customers. As a customer of VerCom Systems, Inc. services, our Customer has the right, and VerCom Systems, Inc. has a duty, under federal law, to protect the confidentiality of certain types of services, including: (1) information about the quantity, technical configuration, type, destination, location, and amount of Customer’s use of VerCom Systems, Inc. services, and (2) information contained on Customer’s telephone bill concerning the services our Customers receive. That information, when matched to a Customer’s name, address, and telephone number is known as “Customer Proprietary Network Information,” or “CPNI” for short. Examples of CPNI include information typically available from telephone-related details on Customer’s monthly bill, technical information, types of Service, current telephone charges, long distance and local Service billing records, directory assistance charges, usage data and calling patterns.
20. CPNI APPROVAL
From time to time, VerCom Systems, Inc. will use the CPNI information it has on file to provide Customer with information about VerCom Systems, Inc. ‘s communications-related products and services or special promotions. VerCom Systems, Inc.’s use of CPNI may also enhance its ability to offer products and services tailored to Customer’s specific needs. VerCom Systems, Inc. may use this CPNI to let Customer know about communications-related services other than those to which Customer currently subscribes that VerCom Systems, Inc. believes may be of interest to Customer. Customer’s signature on a service agreement or sales order signifies Customer’s consent that VerCom Systems, Inc. may use and disclose CPNI as described herein.
However, Customer does have the right to restrict VerCom Systems, Inc.’s use of Customer’s CPNI. Customer may deny or withdraw VerCom Systems, Inc.’s right to use customer’s CPNI at any time by advising VerCom Systems, Inc. via email message to support@VerComSystems.com. If Customer denies or restricts its approval for VerCom Systems, Inc. to use Customer’s CPNI, Customer will suffer no effect, now or in the future, on how VerCom Systems, Inc. provides any services to which Customer subscribes. Any denial or restriction of Customer’s approval remains valid until Customer’s services are discontinued or Customer affirmatively revokes or limits such approval or denial.
In some instances, VerCom Systems, Inc. will want to share Customer’s CPNI with its independent contractors and joint venture partners in order to provide Customer with information about VerCom Systems, Inc. ‘s communications-related products and services or special promotions.
21. CUSTOMER AUTHENTICATION
Federal privacy rules require VerCom Systems, Inc. to authenticate the identity of its Customer prior to disclosing CPNI. Customers calling VerCom Systems, Inc. can discuss their services and billings with a VerCom Systems, Inc. representative once that representative has verified the caller’s identity. There are three methods by which VerCom Systems, Inc. will conduct Customer authentication:
- By having the Customer provide a pre-established password and/or PIN;
- By calling the Customer back at the telephone number associated with the services purchased; or
- By mailing the requested documents to the Customer’s address or email address of record.
In the event the Customer fails to remember their password and/or PIN, VerCom Systems, Inc. will ask the Customer a series of questions known only to the Customer and VerCom Systems, Inc. in order to authenticate the Customer.
22. NOTIFICATIONS OF CERTAIN ACCOUNT CHANGES
VerCom Systems, Inc. will notify Customer of certain account changes. For example, after an account has been established, when a Customer’s address (whether postal or email) changes or is added to an account, VerCom Systems, Inc. will notify Customer. These notifications may be sent to an email address, or by telephone, voicemail or text message.
22. YOU DO NOT HAVE TO TAKE ANY ACTION UNLESS YOU DENY PERMISSION
You need to respond only if you wish to deny permission to use your information in VerCom Systems, Inc. marketing plans. Please contact support@VerComSystems.com if you would like to deny or restrict permission for VerCom Systems, Inc.’s use of your CPNI.
23. DISCLOSURE OF CPNI
VerCom Systems, Inc. may disclose CPNI without asking for Customer’s authorization in any of the following circumstances:
- When disclosure is required by law or court order.
- To protect the rights and property of VerCom Systems, Inc. or to protect Customer and other carriers from fraudulent, abusive, or unlawful use of services.
- For directory listings.
- To provide VerCom Systems, Inc. services to the Customer, including assisting Customer with troubles associated with its services.
- To bill the Customer for services.
- When Customer has approved use of their CPNI for VerCom Systems, Inc., or VerCom Systems, Inc.’s partners, affiliates, or independent contractors.
24. PROTECTING CPNI
VerCom Systems, Inc. uses numerous methods to protect Customer’s CPNI. VerCom Systems, Inc. employees are trained on how CPNI is to be protected and when it may or may not be disclosed.
VerCom Systems, Inc. maintains records of its own and its joint venture partners and/or independent contractors (if applicable) sales and marketing campaigns that may utilize Customer CPNI. VerCom Systems, Inc. also keeps records of instances in which CPNI is disclosed to third parties or where third parties were allowed access to Customer CPNI.
VerCom Systems, Inc. will not release CPNI during Customer-initiated telephone contact without first authenticating the caller’s identity.
25. BREACH OF CPNI PRIVACY
In the event VerCom Systems, Inc. experiences a privacy breach and CPNI is disclosed to unauthorized persons, federal rules require VerCom Systems, Inc. to report such breaches to law enforcement. Specifically, VerCom Systems, Inc. will notify law enforcement no later than seven (7) business days after a reasonable determination that such breach has occurred by sending electronic notification through a central reporting facility to the United States Secret Service and the FBI. A link to the reporting facility can be found at: www.fcc.gov/eb/cpni. VerCom Systems, Inc. cannot inform Customer of the CPNI breach until at least seven (7) days after notification has been sent to law enforcement, unless the law enforcement agent tells the carrier to postpone disclosure pending investigation. Additionally, VerCom Systems, Inc. is required to maintain records of any discovered breaches, the date that VerCom Systems, Inc. discovered the breach, the date carriers notified law enforcement and copies of the notifications to law enforcement, a detailed description of the CPNI breach, including the circumstances of the breach, and law enforcement’s response (if any) to the reported breach. VerCom Systems, Inc. will retain these records for a period of not less than two (2) years.
26. NOTIFICATION OF CHANGES TO THIS POLICY
If VerCom Systems, Inc. changes this CPNI Policy, VerCom Systems, Inc. will post those changes on www.vercomsystems.com or in other places VerCom Systems, Inc. deems appropriate, so that Customer can be aware of what information VerCom Systems, Inc. collects, how VerCom Systems, Inc. uses it, and under what circumstances, if any, VerCom Systems, Inc. disclose it. If Customer decides to continue receiving its services after VerCom Systems, Inc. makes any changes to this CPNI Policy, Customer shall be deemed to have given express consent to the changes in the revised policy.
“VerCom Systems, Inc.” means VerCom Systems, Inc. an Ohio Corporation located at 410 Fame Rd. Dayton, Ohio 45449.
“VerCom Systems, Inc. Equipment” means all equipment that is used, rented, or otherwise provided by VerCom Systems, Inc. in connection with the Services, including but not limited to phones, routers, switches and battery and other backup devices placed on the Customer Premises, or in the Cloud.
“911 Policy” means the provisions set forth in the VerCom Systems, Inc. 911 and E911 Emergency Service Policy.
“Agreement” means the Services Agreement, the Terms and Conditions (Ts&Cs), and all other associated agreements, policies, attachments, schedules, addenda, exhibits, customer service orders, purchase orders, and Statements of Work referenced in this Agreement or entered into at any time between the parties.
“Agreement Date” means the date which the Agreement was signed by Customer representative.
“Applicable Laws” means any and all applicable federal, state or local laws, rules or regulations including applicable restrictions concerning call recording, call monitoring, call interception and/or direct marketing or telemarketing.
“CSO” means Customer Service Order, Service Addendum, Statement of Work, Purchase Order, Professional Services contracts, quotes, and proposals signed by the Parties, referred to collectively as those documents which specifically define the Services and Products purchased by and provided to Customer.
“Device” means a physical telephone, soft phone, fax machine, analog telephone adapter, or other device used to make or receive calls and/or messages using the service or any of its features.
“Effective Date” means the earlier of the date the Services are used, or the date services are made available for use by Customer.
“Legal Requirement” means all then-governing federal, state, local, municipal, foreign and/or international laws, ordinances, regulations, statutes, treaties, injunctions, judgments, decrees, orders and/or rulings rendered by any court, administrative agency or other governmental body of competent jurisdiction applicable to the matter at issue.
“MRC” or “Monthly Recurring Charge(s)” means all monthly recurring fees charged to Customer for VerCom Systems, Inc.’s Services and products.
“NRC” or “Non-Recurring Charge(s)” means the one time charges for installation or delivery of VerCom Systems, Inc.’s Services and Products including fees directly charged by VerCom Systems, Inc. and those passed through to Customer from VerCom Systems, Inc.’s suppliers, third parties, vendors and/or subcontractors.
“Other Charges” may include charges for credit card processing, paper check processing, late fees, usage minutes, Internet access, public switched telephone network (PSTN), number porting, expedite charges, directory listings, installation, administration, training, on-line services and other items.
“Service” or “Services” means all products or services provided or made available by VerCom Systems, Inc. to Customer that are set forth in any CSO.
“Service Date” means the date that Service is available for Customer’s use.
“Software” means any proprietary or nonproprietary software (including any documentation relating to such software) owned or licensed by VerCom Systems, Inc., or which VerCom Systems, Inc. has a right to sublicense under this Agreement, or which is publicly available under the Open Source License Agreements, which software is either provided to Customer under this Agreement or is used by Customer in connection with the Services.
“Taxes and Fees” means any taxes and fees arising in any jurisdiction imposed on or incident to the provision, sale or use of Service and VerCom Systems, Inc. Equipment.
“Term” means the period of time from the Effective Date of this Agreement and the later of 36 months, (or other contract terms as defined in writing) thereafter or through the date the last of the CSO(s) governed hereunder between Customer and VerCom Systems, Inc. expires or is terminated.