DMCIBB offers you the option to select rate plans with or without a minimum term commitment or "agreement." Starting on the date of your order or the date your payment is processed, whichever is later ("Order Date"), your payment method will be charged monthly (or annually, for the annual pre-paid plan) in advance for all service plan charges, fees, taxes and surcharges. The charges for state taxes associated with e911 service are billed once they reach $5. For calls that are not included in your selected service plan, or that exceed any plan limitations including those set forth in the Reasonable Use Policy, usage based charges will be charged monthly as due or mid-cycle if they exceed $75.00. See Section 6.1 and Section 9.1.
Your payment will be used for all future credits/debits made to your account. Late payments and returned checks are subject to late payment fees and returned check fees, respectively. Before you receive your device and/or your new or transferred number is activated, you can log into your online web account to set up various features such as voicemail, network availability and call forwarding.
The thirty (30) Day Money Back Guarantee ("MBG") period starts on your Order Date. If you qualify, we will refund any paid activation fees, first month service charges, initial shipping charges, fees and certain taxes for the first ordered line per account. See Section 4.
Cancellation is effective on the date you contact DMCIBB to cancel your service or as of a future date designated by you or us, provided we can support future cancellation of service requests as of that future date. Paid charges are not subject to refund (except when applicable per MBG policy). If you cancel your service before the end of your billing cycle, there are no pro-rated refunds Early Termination Fees ("ETFs") may also apply if you cancel your service. See Section 6.3. Charges for any overages, payphone calls to DMCIBB toll free numbers, and out-of-plan international calls or any other features and services outside your plan are separately billed and charged to your payment method after cancellation. See Section 6.3 and Section 6.5.
A high speed internet connection is required in order to use DMCIBB's home or business phone service; Wi-Fi or 3G/4G may be required for our mobile applications. Our service may not be compatible with home security systems, TTY, and other systems. See Section 5.7.
Unlimited calling and other services are subject to normal use. See Section 5.4 and the Reasonable Use Policy.
This TOS provides for settlement of disputes by arbitration instead of jury trials. See Section 14.
These Terms of Service ("Terms of Service" or "TOS") constitute the agreement between DMCIBB LLC and the user of DMCIBB's communications services and any related products or services. This agreement governs both our service and any DMCIBB-approved devices used with our service. It applies to all lines on each DMCIBB account. DMCIBB is sometimes referred to as "we," "us," "our," or "DMCIBB" and the user is sometimes referred to as "you," "your," "user," or "customer".
The term of this agreement will be either month to month or for the term specified in the plan you select when you initiate service with us (the "Term"). The Term begins on your Order Date. If you or we change your plan, your Term and monthly rate may change (depending on the new plan), and additional terms and conditions associated with that plan, may apply. Your acceptance of service from us constitutes your agreement with, and acceptance of, our Reasonable Use Policy.
Revisions to these Terms of Service.
From time to time we may make revisions to these Terms of Service, our Reasonable Use Policy, our Privacy Policy and other policies. We will provide notice of such revisions by posting revisions to our website, or sending an email to the email address that you provide to receive communications from us, or to your WebAccount. You agree to visit our website and your WebAccount periodically and to check your email box to review any such revisions. You also agree to notify us immediately of any changes to your email address. By continuing to use our services after revisions are effective, you accept and agree to abide by those revisions.
By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning DMCIBB, including changes to these TOS, Reasonable Use Policy and Privacy Policy.
2.1 911 Dialing.
DMCIBB 911 dialing is different than traditional 911service.
2.2 DMCIBB 911 Disclosure Agreement.
See Section 11.7 for details regarding DMCIBB 911 Calling.
We offer varying types and levels of customer service depending on a number of factors, including the service you are using and the problems you are experiencing. For more information on our customer service, please review the "Support" section of our web site www.DMCIBB.net. We assume no obligation to provide support services for any third party products or services, or for problems with our service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.
We offer a Money Back Guarantee ("MBG") if you terminate your service within thirty (30) calendar days from your Order Date. Our MBG only applies to the first voice line purchased, not to additional or secondary lines. We will refund or credit (i) the activation fee you paid on the first line; (ii) the service charge you paid for the first service term; (iii) any shipping fees and taxes you paid for your initial device.
Initial Order:
This Money Back Guarantee period only applies to the initial voice line ordered. If multiple lines are ordered at the same time as part of the initial order, only the initial line will be eligible for the MBG;
Service Cancellation:
You cancel your service within the first thirty (30) calendar days of your Order Date.
4.1 Right to Revoke.
We have the right to discontinue or revoke our thirty (30) day MBG at any time, without prior notice.
4.2 Restrictions Applicable to Certain Promotions, including MBG Promotions.
Certain plans may have restrictions or limitations that apply to the refund of calls made during the MBG period from certain US territories or foreign jurisdictions, to the United States, or in the event the Reasonable Use Policy is violated. For these plans, the customer may be responsible for a per-call/per-use charge that will not be refunded in the event of cancellation during the applicable promotional or MBG period.
5.1 Service Distinctions.
Our service may be subject to different regulatory treatment than traditional voice telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Our service requires high speed broadband. Certain of our other services may be used with devices such as wireless telephones, PDA's, tablets or pads which we may or may not provide. Events beyond our control may affect our service, such as power outages, fluctuations in the Internet, your broadband service, system maintenance or acts of God. We will act in good faith using commercially reasonable efforts to minimize disruptions to your use of and access to our service.
5.2 Residential Use of Service and Device.
DMCIBB's residential unlimited service plans and features are only for normal residential or personal, non-commercial use. This means that only the account holder, residential family members, and those Extensions™ phone number(s) registered with DMCIBB by the account holder may use DMCIBB's residential unlimited service plans. Residential family members refer to those members of your immediate family who reside in your personal residence - e.g., spouse, domestic partner, parents and/or children. If your residential service plan allows you to extend the service or feature(s) to another residential or mobile number, all use under that service plan is aggregated and must conform to normal residential or personal, non-commercial use.
Some DMCIBB plans allow for the use of additional devices (such as personal computers, Extensions™ phone number(s) registered with DMCIBB or other DMCIBB equipment) outside the residence as part of that service plan. If you subscribe to a service plan which permits use of more than one device with the same voice line, your usage will be aggregated and assessed in accordance with our Reasonable Use Policy.
5.3 Small Business Plans.
(a) If you subscribe to any of DMCIBB's small business plans, including one of our Small Office Home Office ("SoHo") plans, we provide service, features and certain equipment to you solely for use as a small business user or domestic business traveler. Some DMCIBB plans allow for the use of additional devices (such as personal computers or other DMCIBB equipment) as part of these service plans. If you subscribe to a service plan which permits use of more than one device with the same voice line, your usage will be aggregated and assessed in accordance with our Reasonable Use Policy.
(b) The following uses are not considered small business uses and are not permitted under small business plans: autodialing; continuous or extensive call-forwarding or conferencing; inbound/outbound centralized or distributed call center activity; telemarketing of any kind (including, but not limited to, charitable or political solicitation or polling); fax or voicemail broadcasting; and fax or voicemail blasting. See Section 10 for more details. Certain business plans may require you to be responsible for supplying, operating, and supporting the standard SIP-based Customer Premise Equipment for use with the service. As the subscriber and operator or administrator of this equipment, you are responsible for maintaining the security of the equipment, including but not limited to the physical and network security elements of your equipment, and any and all charges related thereto.
(c) Some business plans may not be eligible for certain promotional offers.
5.4 Inconsistent with Normal Use.
If you use the service, any feature and/or any device (including, but not limited to, your personal computer(s) or DMCIBB equipment) in a way that is inconsistent with the normal use for your service, feature or plan, you will be required, at DMCIBB's sole discretion, to (a) pay the rates for the service, feature or plan that would apply to the way you used the service, feature or device, (b) change to a more appropriate plan or (c) terminate the plan. For example, if you subscribe to one of our residential service plans, and your aggregate usage is inconsistent with normal residential or personal use, you may thereafter be required to pay our applicable, higher rates for service for all periods in which your use of our service or the device was inconsistent with normal residential use. Unlimited voice services are provided primarily for continuous live dialogue between two individuals. Lack of continuous dialogue activity, unusual calling patterns, excessive conferencing or call forwarding, excessive numbers dialed and/or consistent excessive usage (which may also apply to features such as Directory Assistance) will be considered indicators that your use may be inconsistent with normal use by other DMCIBB customers aggregating their usage under a similar service plan, or that impermissible use as set forth in Section 10 and/or in the Reasonable Use Policy may be occurring and may trigger an account review or further action by us.
A non-exhaustive list of examples of uses of our service that are generally considered to be inconsistent with normal residential use, include, but are not limited to, use:
A non exhaustive list of examples of uses of our service that are generally considered to be inconsistent with either residential or commercial use, include, but are not limited to, use:
DMCIBB evaluates customer usage in comparison to similarly situated customers, e.g., residential use under residential service plans or small business use under small business service plans. For example, over ninety five per cent (95%) of DMCIBB's residential unlimited calling plan customers use less than three thousand (3000) minutes per month and do not have any unusual calling patterns. We may conclude that a customer's aggregate usage is outside of normal use if it exceeds 3000 minutes per month IN COMBINATION with one or more of the following, including, but not limited to, excessive:
DMCIBB may take appropriate steps to enforce these Terms of Service and our Reasonable Use Policy. We reserve the right to review your account and take further action if account usage is beyond normal standards, impermissible or detrimental to other customers' ability to use the service or adversely affects our operations. We may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and provide you with the opportunity to correct the improper usage. If you fail to correct usage activity to conform to normal use, we may exercise our right to transfer your service to a more appropriate plan, charge applicable rates or suspend or terminate your service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable fees and taxes at the time your service is terminated. DMCIBB's right to terminate your account under Section 6.5(b) (with or for no reason) is not limited by this provision.
5.5 No 0+ or Operator Assisted Calling; May Not Support x11 Calling.
Our service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. Our service may not support 311, 511, and other x11 services in one or more service areas. Our service may support specified dialing such as 911 and 411, although certain mobile applications may not provide such dialing services. 411 charges may vary by plan.
5.6 No Directory Listing.
The phone numbers you get from us will not be listed by us in any telephone directories. However, any phone numbers you transfer from your local phone company may be or remain listed. We have no control over directory listings.
5.7 Incompatibility With Other Services.
(a) Non-Voice Equipment Limitations.
You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, TTY, medical monitoring equipment, certain versions of TiVo, AOL, Netflix and other streaming services, cable television services, FiOS, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You waive any claim against DMCIBB for interference with or disruption of these services and equipment, as well as any claim that DMCIBB is responsible for any disruption to your business, if applicable.
(b) Certain Broadband, Cable Modem, and Other Services.
You acknowledge that our service may not be compatible with certain cable broadband service (such as AOL) and certain versions of TiVo. There may also be other services with which our service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using our service. We do not warrant that our services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our service with any particular broadband service.
5.8 Passwords.
You will be asked to create a password in order to gain access to your account information on-line or when contacting a DMCIBB agent by phone. Certain applications may permit you to extend use of such application to others using your password information. You agree to keep all passwords and account information confidential and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality and for all activities that occur under your password, including without limitation usage by others. You must immediately notify us if you suspect any breach of security such as loss, or unauthorized disclosure or use of your password and account.
5.9 Changes to Service Plans.
Your service plan includes terms and conditions such as monthly service allowances, limitations and features, and the associated charges, all as described at www.dmcibb.net or in other communications and materials made available to you in connection with your order or changes to your service. You acknowledge that your service plan is also subject to these Terms of Service. Our service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your service plan (such as features and prices) at any time, with or without notice. If we do give you notice, it may be provided on your account web page or monthly bill, in a newsletter, in a mailing, by e-mail, by telephone or other communication permitted under applicable law. If your calling plan has been changed this does not affect the terms of your existing service agreement.
5.10 Virtual Numbers.
International virtual numbers are not retained and may not be transferred.
6.1 Service Term.
We provide our service to you indefinitely. Your service term refers to the period of time for which we will bill you periodically in advance (for example, one month or one year). The service term is the term that you selected from the options available when you signed up for our service. Your first service term begins on the Order Date. It is not the day you receive the equipment you ordered or the first time you use the service. Your service will continue until canceled by you or by us as provided for herein. Please note that your obligations begin on your Order Date and are indefinite.
6.2 Automatic Renewal
Your service term automatically renews for the same term you selected unless you call us at (1-877-936-2422) to cancel your service before the end of your then current service term. The renewal begins on the day after the last day of your service term.
6.3 Early Termination Fees.
If a promotional or plan benefit (such as an equipment upgrade, free month or discounted pricing of service, free installation, rebate, or other incentive) is provided to you at no charge or at a specified discount based on your keeping DMCIBB service for a specific length of time, then, unless otherwise specified in the offer you received, the specified period begins on the Order Date.
If you terminate your service before that period of time expires, then you will be subject to an Early Termination Fee. The applicable Early Termination Fee is assessed based upon the rate plan you select. The ETF is pro-rated based upon the number of months in term of the agreement for your selected rate plan. Proration may not necessarily coincide with your bill cycle, and may include a balloon payment at the end of the proration schedule.
You are responsible for all usage charges that are outside of the promotional or plan benefit. DMCIBB rate plans will not require you to sign an agreement or commitment for a specific Term. Such rate plans will not carry an Early Termination Fee. Promotional rate plans may require an agreement or commitment for a specific Term and such rate plans will carry an Early Termination Fee.
6.4 Our right to disconnect service; upgrade software.
We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice.
6.5 Fees upon disconnection.
(a) Disconnection by you.
If you attempt to disconnect service for one or more of your lines before the end of your current service term, you will be responsible for all the charges for your current term that are applicable to the disconnected lines(s), including unbilled charges, plus an Early Termination Fee per line, if applicable, as provided in Section 8.7 below. Cancellation is effective on the date you cancel or designate as the cancellation date (future disconnection date). Annual prepayment plan charges are not subject to refund. If you cancel your service before the end of your billing cycle, there are no pro-rated refunds. Charges for any overages, payphone calls to DMCIBB toll free numbers, and out-of-plan international calls or any other features and services outside your rate plan are separately billed and charged to your selected payment method after cancellation. In addition, if you obtain a product or service from us (e.g., a phone adapter) for which a rebate or benefit was given to you that was conditioned on maintaining your DMCIBB service for a specified length of time, and you disconnect service before the end of that period, you agree to pay us the applicable recovery fee and/or Early Termination Fee. See Section 8.8 below. On multiple line accounts, any Early Termination Fee arising from a cancellation of a line that is subject to an ETF must either be paid upon cancellation or the remaining ETF balance may be transferred to one of the other lines on that account. Such ETF balance continues on the account until either the ETF obligation has expired or been satisfied.
(b) Disconnection by us without a reason.
If we discontinue service generally, or disconnect your service without a stated reason, you will only be responsible for the charges that have accrued through the date of the disconnection, including a pro-rated portion of the final service term charges, and, if applicable, any recovery and Early Termination Fees.
(c) Disconnection by us with a reason.
If we disconnect your service for any of the reasons listed in section 6.4 above, you will be responsible for all charges through the end of your current service term, including unbilled charges, plus any applicable disconnection, Early Termination Fees and any recovery fees.
(d) All charges owed at the time of disconnection will be immediately payable.
At the time of disconnection, we will immediately charge the credit or debit card you have provided to us for payment, or initiate an electronic funds transfer if that is your payment method, for all amounts due at that time. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.
6.6 Service Disconnection on Number Transfer or "Port".
(a) Single Line Accounts.
You may be able to take, or "port," your current number to another service provider. If you ask your new service provider to port a number from us, we will terminate our service for that number promptly after we receive notification from our competitive local exchange carrier that the porting of your number to your new service provider has been completed successfully. We will terminate our service in this fashion even if you have not independently called us to request disconnection. Once your service is terminated in this manner, you will remain responsible for all charges and fees through the end of the current billing cycle, including any unbilled charges, as well as for any applicable Early Termination Fees or recovery fees that may be applicable as provided in Sections 8.7 and 8.8 below. If a port is unsuccessful for any reason, then unless you independently call us to request disconnection or unless we determine to disconnect your line as stated in these Terms of Service, your service and your agreement with us will not terminate, you will remain a DMCIBB customer, and you will continue to be responsible for all charges and fees associated with your DMCIBB service.
(b) Multiple Line Accounts.
If you request your new service provider to port a number from us and you have multiple numbers assigned to your account and/or additional devices you are required to inform us, by calling us as specified below in Section 6.7, of your intent to terminate all the services on your account, prior to the successful completion of the requested port or we will select the most appropriate billing plan for any remaining numbers and/or devices on your DMCIBB account, and you will continue to be responsible for all the charges and fees associated with the remaining services on your DMCIBB account. Once the port of the requested number is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any applicable Early Termination Fees and recovery fees that may apply to the ported number.
6.7 Termination of Service.
In order to terminate your service, you must contact our Customer Care Department, via telephone, at the following toll-free number: (1-877-936-2422). Our Account Management Department is available to assist you Monday-Friday 9:00 a.m. to 7:00 p.m. and Saturday-Sunday 9:00 a.m. to 7:00 p.m. Eastern Standard Time. If you decide to cancel your service with us, you must contact our Customer Care Department to do so - simply disconnecting or returning your device to us or one of our partners will not cancel your service and you will remain responsible for all costs and fees associated with your account, including, but not limited to, monthly recurring fees for your service plan and you may also be disqualified for an applicable money back guarantee. See Section 4. DMCIBB reserves the right, at its sole discretion, not to honor the Money Back Guarantee or any other promotion for any customer who, directly or indirectly, demonstrates a pattern of activating and then cancelling service within thirty (30) days after the Order Date in connection with a Money Back Guarantee offer, or similar offer, unless such pattern is based on a DMCIBB acknowledged technical cause, a force majeure event or other basis DMCIBB considers reasonable.
7.1 Devices purchased from a retail provider.
(a) Limited Warranty from DMCIBB for retail customers only.
We will provide a limited warranty on the device only for manufacturing defects for a period of one (1) year from your Order Date. This retail customer limited warranty does not apply to any defect or failure other than a manufacturing defect. Without limiting the generality of the warranty, it does not apply to any defect caused by damage in transit, retailer handling, or your handling of your device. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. For returns subject to this retail customer limited warranty, the following conditions must be satisfied:
7.2 Devices received from us.
(a) Limited Warranty.
Except as set forth in these Terms of Service, if you received a device from us and the device included a limited warranty from another person (such as the manufacturer) at the time you received it, you should read the separate limited warranty document you received with the device for information on the limitation and disclaimer of certain warranties. We will provide a limited warranty on the device only for manufacturing defects for a period of one (1) year from your Order Date. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
(b) Repair or replacement.
Your only remedy for any breach of any limited warranty or other breach of any duty regarding a device is to get a repaired or replacement device by calling our Customer Care Department at (1-877-936-2422. This limited warranty applies in place of the limited warranty included with the device if the included limited warranty is less favorable to you than this warranty.
(c) Service Cancellation.
If you cancel your service within the Money Back Guarantee period, you may obtain a credit or a refund for the amount paid for the device, if any.
(d) Receipt of damaged devices.
If you receive cartons or devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. You must also keep the original carton, all packing materials, and parts in the same condition in which you received them from the carrier. You must then contact our Customer Care Department at (1-877-936-2422).
(e) Ownership and Risk of Loss.
You will own your device and bear all the risk of loss, theft, or damage. This risk is from the time we ship your device to you.
7.3 Tampering with the Device.
You may not change the electronic serial number or equipment identifier or encryption keys or other authentication or technical data of your device or perform a factory reset of your device without first getting our written consent.
7.4 Prohibited Devices.
You are prohibited from using DMCIBB services with any devices other than DMCIBB-approved devices received from us.
7.5 Disclaimer.
OTHER THAN EXPRESS WARRANTIES FOR THE DEVICE IN THE DOCUMENTATION THAT COMES WITH YOUR DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY IN THIS AGREEMENT, FOLLOWING THE TERM OF THE LIMITED WARRANTY, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM, FOLLOWING THE TERM OF THE LIMITED WARRANTY, ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE 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 DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET YOUR REQUIREMENTS. THIS SECTION DOES NOT LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY IN THE DOCUMENTATION PROVIDED WITH YOUR DEVICE. DEVICE WARRANTIES DO NOT APPLY TO BUSINESS PLUS CUSTOMERS.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
8.1 Fees and charges.
We will publish on our web site the fees and charges. These fees and charges may change from time to time. We may introduce new products and services at special introductory pricing. At our discretion, we may change introductory pricing. Where required by law, we will send notification of invoices to your email address on file with us. We reserve the right to bill you more frequently if you owe us more than $75.
8.2 Billing increments.
We bill usage charges in full minute increments. We round partial minutes up to the next full minute, unless we state otherwise in the rate schedules on our web site. We bill fractional usage charges in full cents. We round up cents when the value is $.005 or more and down when the value is less than $.005, unless we state otherwise in the rate schedules on our website.
8.3 Taxes.
State and local governments may assess taxes, surcharges, or fees, or all of these, on your use of our service. These charges may be a flat fee or a percentage of your DMCIBB charges and may change without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable taxes, fees, or charges for your Order, use, or payment for our service or your device. These amounts are in addition to the payment for your service or devices. We will bill these charges to your selected payment method according to the terms in this agreement. If you are exempt from payment of any of these taxes, you must provide us with an original certificate that satisfies the legal requirements attesting to tax-exempt status by sending the original certificate to DMCI Broadband, LLC. Attn: Accounting Manager, P.O. Box 218, Hillsdale, MI 49242. Tax exemption will only apply from the date we receive your certificate.
8.4 "Toll Free" Charges.
If you use our "Toll Free Plus" feature, or any toll free feature that we offer in the future, we will recover from you any charges imposed on us either directly or indirectly for toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in any other way we decide is appropriate for the recovery of these costs.
8.5 Charges for Directory Calls (e.g., 411).
We reserve the right to charge you for each call you make to DMCIBB directory assistance except, and only to the extent that, such calls are expressly included in another fee applicable to our service.
8.6 Activation and Shipping Fees.
8.7 Early Termination Fee.
You may be charged an Early Termination Fee per voice line, as applicable per the plan you select, if your service is disconnected prior to the end of your commitment period, subject to state and local laws. Some plans will not require a term commitment or an Early Termination Fee. Section 6.3 sets forth more detailed information and the proration schedule for Early Termination Fees.
8.8 Rebate and other Recovery Fees.
If you purchase a product or service for which a rebate or benefit is provided that is dependent upon your maintaining DMCIBB service for a particular length of time, and if you disconnect service before the end of that period, you agree to pay us the applicable recovery fee. A recovery fee is equal to the difference between the price you paid to us and the advertised regular price of the product or service at the time you received it. Any recovery fees are cumulative and are in addition to any other amounts you may owe us, including any Early Termination Fees. For example, if an offer or promotion provides a rebate for a phone adapter and discloses that a rebate recovery fee is applied if the service is disconnected prior to a minimum required period, you would be charged the applicable rebate recovery fee.
8.9 No Credit Allowances or Refunds for Prepaid Service Plan Customers.
Subject to our Money Back Guarantee and law, we will neither credit nor refund any service fees or any other amounts you pay for any prepaid service plans.
8.10 No Credit for Non-Usage or Misdialing.
Neither non-usage of the service nor misdialing while using the service entitle you to a credit for, or refund of, any portion of a payment made to us.
9.1 Billing.
We will charge your method of payment in advance for each monthly service plan fee, associated taxes and surcharges. We will charge you in arrears for any usage and calls not covered by your plan, and immediately on disconnection for any accrued and unbilled amounts and recovery fees or Early Termination Fees (including taxes), if applicable, that are due.
If you subscribe to a prepaid annual plan, we will bill you in advance for the service plan fee due for the entire year, plus any associated taxes, fees and surcharges. We will charge you in arrears on a monthly basis for usage and calls not covered by your plan, and immediately on disconnection for any unbilled amounts and, if applicable, any recovery fees or Early Termination Fees that are due. We may initiate mid-cycle billing of additional amounts due that exceed $75.00.
When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic transfer from your account as soon as the same day you make your payment, or to process your check as a check transaction in which case you may not receive your check back from your financial institution. Late payments will be subject to late payment fees and returned electronic check payments will be subject to returned check fees, each of which are further detailed as part of our fees and charges. When you subscribe to our service, you must give us a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced on account of loss or theft.
9.2 Payment.
When you subscribe to our service, you authorize us to collect from your payment method, including, if applicable, Early Termination Fees, late fees, check return fees, recovery fees and any other outstanding charges. This authorization will remain valid until 30 calendar days after you terminate our authority to charge your payment method.
9.3 Collection.
If we disconnect your service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
9.4 Notices.
You agree to promptly update your account information whenever your personal or billing information changes (including, for example, your name, address, e-mail address, telephone number, credit/debit card number and expiration date or other payment method information). You authorize DMCIBB to send you notices and information regarding your service, including via e-mail, over the Internet. If notices are sent by us to the last email address provided by you, you agree that we have provided sufficient email notice and you waive any rights to assert failure of notice.
9.5 Billing Disputes.
If you want to dispute any DMCIBB charges on your statement, you must notify DMCIBB within seven (7) calendar days after you receive your statement from your bank or credit card issuer. Financial regulations require you to notify your financial institution within sixty (60) days after you receive your statement and report any alleged errors to them within this timeframe. Please contact (1-877-936-2422).
10.1 Lawful purposes only.
You may use our service and your device only for lawful, proper and appropriate purposes. You may not use our service or your device in any way that is illegal, fraudulent, improper or inappropriate.
10.2 Monitoring.
We may monitor the use of our service for violations of these Terms of Service. We may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our service, or DMCIBB, its parent, affiliates, directors, officers, agents, and employees from harm.
10.3 Providing information to authorities and third parties.
If we believe that you have used our service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows:
10.4 Use of Service and Device by Customers Outside the United States.
We encourage you to use our service to call foreign countries from the United States and to use our service as you travel. Technical and customer care support is offered only in the United States. Our service is designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is not within a DMCIBB service area, or your ISP or broadband provider places restrictions on using VoIP services, we do not claim that they will allow you to use our service. You will be solely responsible for any violations of local laws and regulations or violations of ISP and broadband provider terms of service because of your use of our service.
10.5 Use of Service and Device by Customers Outside the United States.
You are the sole account holder for the service for all purposes and are solely responsible for all charges incurred on the account, regardless of changes to the account, including billing information. You are also responsible for all usage and charges on all devices and features including Extensions™ phone(s) registered with DMCIBB, as well as charges for aggregated domestic and international usage made by you and others you have authorized to use your service. You may not resell or transfer your service or account or provide a telephone service to anyone else by using your DMCIBB service or features of your DMCIBB service without first getting our written consent. In no event may your account be assigned to a non-U.S. resident. IF YOU ACQUIRE A DEVICE FROM SOMEONE OTHER THAN DMCIBB OR A DMCIBB AUTHORIZED RESELLER, OR THAT PREVIOUSLY WAS ASSIGNED TO ANOTHER'S ACCOUNT, DMCIBB DISCLAIMS ALL WARRANTIES, DAMAGES AND LIABILITIES YOU MAY INCUR BY VIRTUE OF YOUR USE OF SUCH DEVICE, INCLUDING BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Attempted assignments of service and accounts through changes in account and billing information does not relieve you of liability and responsibility for use of the service and features, or for charges on the account unless we have not consented to the assignment in writing or unless we actively facilitate the assignment as evidenced in our Customer Care records. You may elect to authorize others to access your account by calling us at 1-877-936-2422.
10.6 No Alterations or Tampering.
If you copy or alter or have someone else copy or alter the firmware or software of the device or any mobile application in any way that facilitates a compromise of our service, you are responsible for any charges that result and damages incurred by DMCIBB as a result. You may not attempt to hack or otherwise alter or disrupt our service or make any use of our service that is inconsistent with its intended purpose.
10.7 Theft of Service.
You may not use, obtain or facilitate use of our service, directly or indirectly through others, in any manner that avoids DMCIBB policies and procedures, including an illegal or improper manner You will notify us immediately at 1-877-936-2422. If your device is stolen or if you believe that your service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of service. If you fail to notify us in a timely manner, we may disconnect your service and levy additional charges on you as permitted under these Terms of Service. Until you notify us, you will be liable for all use of our service using a device stolen from you and any stolen, fraudulent, or unauthorized use of our service whether or not it involves a stolen device.
10.8 Unauthorized Usage of Device; Firmware or Software.
Except as stated for Business Plus customers, you have not been granted any license to use the firmware or software we use to provide our service or that we provide to you in providing our service, or that is embedded in your device, or accessible via mobile application other than a nontransferable, revocable license to use the firmware or software in object code form (without making any modification to it) strictly according the terms and conditions of theses Terms of Service. You also agree that you will use your device exclusively for our service. We will not provide any passwords, codes, or other information or assistance that would enable you to use your device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You warrant that you possess all required rights, including software or firmware licenses, or both, to use any interface device that we have not provided to you. You may not undertake, cause, permit or authorize the modification, creation of derivative works, or translate, reverse compile, disassemble, hack or reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software. You shall not use the mobile application software to develop any software or other technology having the same primary function, including but not limited to using the software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the software.
11.1 AS IS Services.
You agree that our services are provided "as is," except to the extent provided below.
11.2 No Warranties on Service or Software.
We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service, software or device will be without failure, delay, interruption, error, omission, degradation of voice quality, or loss of content, data, or information. Neither DMCIBB nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or destruction of, customer's data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of DMCIBB's or its service provider's or vendors' negligence. Statements and descriptions concerning our service or device, if any, by DMCIBB or DMCIBB's agents or installers are informational and are not given as a warranty of any kind.
11.3 Device Warranties and Limitations. (See Section 7)
11.4 No Credit Allowances for Interruption of DMCIBB Service.
We will not give you credit for any interruption of DMCIBB service, including international calling services.
11.5 Limitation of Liability.
We will not be liable for any delay or failure to provide service, including 911 Dialing, at any time or any interruption or degradation of voice quality.
11.6 Disclaimer of Liability for Damages.
In no event will DMCIBB, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to access emergency service personnel through the 911 dialing service, or delays in the delivery of emergency services accessed through the 911 dialing service, or to obtain emergency help. DMCIBB further disclaims any and all liability arising out of any resale, reuse, or refurbishment of the device without DMCIBB's prior authorization. These limitations apply to claims founded in breach of agreement, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you however, with respect to 911 dialing and other aspects of DMCIBB's service, there may be federal or state laws that exclude such damages and provide other protections to DMCIBB which DMCIBB does not waive or limit in any manner whatsoever.
11.7 Disclaimer of 911 Liability.
We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result or results in the delay of the delivery of emergency services. Neither DMCIBB nor its officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device.
11.8 Limit on total liability.
Our total liability under this agreement will not exceed the service charges for the affected time period. DMCIBB will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, wireless or cellular fees, or other wireline, broadband or internet service charges, technician charges, or other similar charges.
12.1 Indemnification.
You shall defend, indemnify, and hold harmless DMCIBB, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our 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 or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device(s), or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).
12.2 Waiver of Claim or Causes of Action.
You waive all claims or causes of action arising from or relating to our 911 dialing service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.
12.3 Content.
You are liable for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your service or device(s). You promise that you and anyone who uses your service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our service and the device.
12.4 Account Information.
You are liable for all damages and liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof.
13.1 Governing Law.
These Terms of Service are applicable for VoIP-based service initiated in the United States of America For US based customers, the law of the state of your residence will govern this agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable federal law. Because this agreement is a transaction in interstate commerce, the Federal Arbitration Act ("FAA"), and not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision in Section 14.
13.2 No Waiver of Rights.
Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. DMCIBB reserves all of its rights at law and equity to proceed against anyone who uses its services or device illegally or improperly. All determinations by DMCIBB under these Terms of Service and exercise of its rights are made and done in our sole and absolute discretion.
13.3 Survival.
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.
13.4 Third Party Beneficiaries.
If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights.
13.5 Legal Age.
You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.
13.6 Entire Agreement.
This agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and DMCIBB. This agreement governs your use of our service, and the use of our services by the members of your household and your guests and employees. This agreement supersedes any prior agreements between you and DMCIBB. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
13.7 Severability.
If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
It is important that you read this entire section carefully. This section provides for mandatory resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
14.1 Arbitration.
DMCIBB and you agree to arbitrate any and all disputes and claims between you and DMCIBB. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to:
References to "DMCIBB," "us" and "you" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under these Terms of Service or any prior agreements between you and DMCIBB.
14.2 Informal Resolution of Disputes.
Our Customer Care Department can resolve most customer concerns quickly and to the customer's satisfaction. If you have a dispute or claim against us, you should first contact the DMCIBB Customer Care Department by telephone at (1-877-936-2422) or by email at support@dmcibb.net. In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved through mandatory arbitration as set forth below.
14.3 Formal Notice of Disputes.
A party who intends to seek arbitration must first send to the other party a written Notice of Dispute.
(A) A Notice of Dispute to DMCIBB must be sent to DMCIBB:
(B) A Notice of Dispute to you must be sent to you
(C) The Notice of Dispute must
14.4 Location and Procedure of Arbitration.
Unless you and DMCIBB mutually agree otherwise, all hearings conducted as part of the arbitration shall take place at a location, convenient to you, in the county or parish of your billing address. If your claim is for $10,000 or less, you or DMCIBB may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim is in excess of $10,000, the right to a hearing will be determined by the AAA Rules.
14.5 Fees and Costs.
DMCIBB will advance all arbitration filing fees and arbitrator's costs and expenses upon receipt of your reasonable proof that you cannot afford to pay such fees and costs, provided such proof and your written request that DMCIBB pay such fees and costs is given prior to the commencement of the arbitration. You are responsible for all additional costs that you incur in the arbitration, including, but not limited to, attorneys or expert witness fees. If the arbitration proceeding is decided in DMCIBB's favor, you shall reimburse DMCIBB for the fees and costs advanced to you. If the arbitration proceeding is decided in your favor, you will not be required to reimburse DMCIBB for any of the fees and costs advanced by DMCIBB. If the party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys' fees incurred in that appeal. Notwithstanding anything to the contrary in this arbitration provision, DMCIBB shall pay all fees and costs which it is required by law to pay.
14.6 Waiver of Jury Trial.
You and DMCIBB agree that, by entering into this agreement, you and DMCIBB are waiving the right to a trial by jury.
14.7 Waiver of Class Actions.
You and DMCIBB agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND DMCIBB AGREE THAT YOU AND DMCIBB MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You and DMCIBB agree that, unless you and DMCIBB agree otherwise, the arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding.
14.8 Statute of Limitations.
State laws may limit the time period after which you may assert a claim; in some cases you may be required to assert a claim within one (1) year after the occurrence of the event or facts giving rise to a dispute (except for billing disputes which are subject to Section 9.5 of the agreement). Your failure to timely assert your claim may result in a waiver of your legal rights.
14.9 Exceptions to Arbitration Agreement.
You and we agree:
(a) you may take your dispute to small claims court, if your dispute qualifies for hearing by such court;
(b) if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement;
(c) you or we may take any disputes over the validity of any party's intellectual property rights to a court of competent jurisdiction;
(d) any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and
(e) either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or DMCIBB, pending the completion of arbitration.
14.10 Modification of Arbitration Provision.
Despite §15 or any other provision in this agreement to the contrary, if DMCIBB makes any substantive change to this arbitration provision, you may reject any such change by sending us written notice within thirty (30) days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning DMCIBB, including changes to this agreement. We may give you notice of a change by posting the change on the home page of DMCIBB.com, on your account web page or monthly bill, in a newsletter, by e-mail, on the relevant web page of the applicable service, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. By continuing to use the service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your service immediately. When posted, this agreement supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of your device. It also supersedes any written terms provided to retail customers with retail distribution, including, without limitation, any written terms in the packaging of your device. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of DMCIBB services. If you continue to use our service, we will consider this your acceptance of any changes.
DMCIBB Service uses, in whole or in part, the public Internet, the public switched telephone network, and third party networks to transmit voice and other communications. DMCIBB is not liable for any lack of privacy which you may experience from using our service. Your acceptance of service from us constitutes your agreement with, and acceptance of, our Privacy Policy.
(a) You authorize us
(b) In addition, you acknowledge DMCIBB may monitor calls for quality assurance and testing purposes.
You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of our service or any direct product to any destination, company, or person restricted or prohibited by U.S. export controls.
18.1 Waiver of Jury Trial.
Our website content, our materials, services, logos, software, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions.
You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the website.
Infringement by you may result in civil or criminal prosecution.
18.2 Third parties may make materials available using our service.
Third parties may not be within our control. We do not review the content posted on our service to see if it includes illegal or impermissible content, nor are we under any obligation to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit materials we know infringes another party's copyright to remain on our service. If you believe any materials on our service infringe a copyright, you should give us written notice.
Your notice should at a minimum contain the following information:
WHEN YOU PROCESS A TRANSACTION OR ORDER DMCIBB SERVICE YOU MUST AGREE TO DMCIBB'S TERMS OF SERVICE AND THE CUSTOMER AGREEMENT BELOW.
CUSTOMER AGREEMENT
Please review the entire DMCIBB Terms of Service before accepting below
My DMCIBB Customer Agreement:
Thank you for choosing DMCIBB. In these Terms of Service there are important information about your Service, including our ability to make changes to your Service or this agreement's terms, our liability if things don't work as planned and how any disputes between us must be resolved by arbitration. If you elect to use a DMCIBB application on a third party device, you agree that use of that application acts as an acceptance of the third party terms and conditions associated with that third party device. If you're signing up for Service for a minimum agreement term, this TOS contains information about that agreement term and what happens if you cancel some or all of your Service early or don't pay on time, including the possibility of an Early Termination Fee you may owe DMCIBB.
I agree to the current DMCIBB TOS, which I have had the opportunity to review. I understand that I may be subject to an Early Termination Fee based upon the plan I selected, and am agreeing to the limitations of liability for service, settlement of disputes by arbitration instead of jury trials and other important terms in the TOS.
I understand that if I do not agree to the DMCIBB TOS, I should close the Internet browser to discontinue my order with DMCIBB at this time.