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Clearwire Wireless Broadband Internet Access Agreement:
Internet Phone Service Addendum
Effective April 20, 2011
THIS IS AN AGREEMENT ("INTERNET PHONE SERVICE AGREEMENT") BETWEEN YOU AND CLEAR WIRELESS LLC ("CLEARWIRE") THAT ADDS TO, AND IS A PART OF, THE CLEAR WIRELESS INTERNET ACCESS SERVICE AGREEMENT TO WHICH YOU HAVE AGREED ("ACCESS AGREEMENT"). CLEARWIRE'S INTERNET PHONE SERVICE ("INTERNET PHONE SERVICE") IS AN "OPTIONAL SERVICE" AS DEFINED IN THE ACCESS AGREEMENT. OTHER CAPITALIZED TERMS USED HEREIN THAT ARE NOT DEFINED IN THIS INTERNET PHONE SERVICE AGREEMENT HAVE THE MEANINGS ASSIGNED TO THEM IN THE ACCESS AGREEMENT. BY USING THE INTERNET PHONE SERVICE, IN CONJUNCTION WITH THE SERVICE, YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS INTERNET PHONE SERVICE AGREEMENT. IN THE EVENT OF INCONSISTENCY BETWEEN THE ACCESS AGREEMENT AND THIS INTERNET PHONE SERVICE AGREEMENT, THIS INTERNET PHONE SERVICE AGREEMENT WILL CONTROL. PLEASE READ THIS INTERNET PHONE SERVICE AGREEMENT CAREFULLY BECAUSE IT INCLUDES MANY IMPORTANT TERMS, INCLUDING:
- WARNINGS THAT YOU MAY BE UNABLE TO USE THE INTERNET PHONE SERVICE FOR 911 OR OTHER EMERGENCY CALLS UNDER CERTAIN CIRCUMSTANCES;
- LIMITS AND DISCLAIMERS ON CLEARWIRE\'S LIABILITY; AND
- THE REQUIREMENT THAT YOU COMMIT TO A MINIMUM TERM OF SERVICE.
1. Agreement Governing Use of Internet Phone Service. The current version of this Internet Phone Service Agreement and the Access Agreement can be found at: http://www.clearwire.com/company/legal/phone_terms.htm. Clearwire may change this Internet Phone Service Agreement or the Internet Phone Service from time to time by posting a revised version of this Internet Phone Service Agreement or announcing Internet Phone Service changes to the "Service Announcements" section of Clearwire's website currently located at: http://www.clearwire.com/company/legal/announcements.htm. Such changes may include, without limitation, increasing the charges for the Internet Phone Service, including charges for international calling through the Internet Phone Service. Changes will become effective once posted, and your continued use of the Internet Phone Service will constitute your acceptance of any such changes. However, if you do not wish to continue Internet Phone Service after a reduction in features or functionality that is materially disadvantageous to you, you may terminate this Internet Phone Service Agreement by providing written notice to Clearwire within twenty (20) days of the effective date of the modification, and you will not be charged any Internet Phone Service Termination Fee (as defined below).
2. Term of the Internet Phone Service; Cancellation; Termination Fees. You will maintain Internet Phone Service for the minimum Initial Term or Renewal Term (as defined in the Access Agreement), as applicable, in accordance with the terms of the Access Agreement. Changing your Clearwire Service plan will result in Clearwire restarting the Initial Term or any Renewal Term in accordance with the terms of the Access Agreement. To cancel your Internet Phone Service, follow the instructions provided in the Access Agreement. If you terminate your Internet Phone Service prior to the end of the Initial Term or Renewal Term for reasons other than those stated in Section 1 (Agreement Governing Use of Internet Phone Service), or if your Internet Phone Service is terminated by Clearwire for breach of this Internet Phone Service Agreement or the Access Agreement, then you agree to pay to Clearwire, at Clearwire's option, any early termination fee that may be specified on your Order Form ("Internet Phone Service Termination Fee"), and that Clearwire may charge the Internet Phone Service Termination Fee to your Card as defined in the Access Agreement at: http://www.clearwire.com/company/legal/terms.htm.
3. Requirements for Internet Phone Service; Service Availability. To use the Internet Phone Service, you must obtain and use Internet Access Service from Clearwire. In addition, you must supply certain equipment and facilities, such as a phone handset or equivalent, installed phone wiring and outlets, and a powered electrical outlet. You are responsible for supplying and ensuring that the equipment you supply is compatible with the Internet Phone Service and meets federal and other applicable standards. You represent that you either own your equipment or have the right to use that equipment in connection with the Internet Phone Service. Clearwire shall have no obligation to provide, maintain, support or service your equipment. If your Internet Access Service is terminated, suspended or disconnected for any reason, the Internet Phone Service will not be available until you reestablish your Internet Access Service with Clearwire. Other requirements to enable use of the Internet Phone Service may be posted on Clearwire's website (currently located at www.clearwire.com) or on another website that Clearwire designates.
4. 911 Emergency Dialing. The Internet Phone Service is different from a traditional phone service and has certain limitations and requirements regarding calling 911 to reach emergency services and using "Enhanced 911" or "E911" features. E911 features include transmitting your telephone number and information you provided to Clearwire about the physical location of where your Internet Phone Service will be used ("Registered Location"). When you dial 911, your 911 call will be routed to the applicable Public Safety Answering Point or other applicable emergency services call center or local emergency authority ("PSAP"). If the PSAP is capable of receiving your telephone number and Registered Location ("E911 Information"), it also will be sent to the PSAP when you dial 911.
USING THE INTERNET PHONE SERVICE FROM A LOCATION OTHER THAN YOUR REGISTERED LOCATION MAY CAUSE YOUR 911 CALL OR E911 INFORMATION TO BE ROUTED TO THE WRONG PSAP, MAY CAUSE EMERGENCY RESPONSE PERSONNEL TO BE DISPATCHED TO THE WRONG ADDRESS, AND MAY RESULT IN OTHER PROBLEMS WITH ACCESSING AND OBTAINING EMERGENCY SERVICES. AS A RESULT, YOU MUST UPDATE YOUR REGISTERED LOCATION WITH CLEARWIRE BEFORE USING THE INTERNET PHONE SERVICE AT A NEW LOCATION. To update your registered location, contact Clearwire Customer Care at 1.888.253.2794 or at the address set forth at http://www.clearwire.com/company/contact.php
EVEN IF YOU USE THE INTERNET PHONE SERVICE FROM YOUR REGISTERED LOCATION, TRYING TO CALL 911 OR OBTAIN EMERGENCY SERVICES THROUGH A 911 CALL MAY FAIL FOR A NUMBER OF REASONS, INCLUDING:
(a) IF THERE IS A POWER OR INTERNET OUTAGE OR INTERRUPTION, YOU WILL NOT BE ABLE TO USE THE INTERNET PHONE SERVICE FOR ANY 911 OR OTHER EMERGENCY CALLS (AFTER SUCH AN EVENT, YOU ALSO MAY NEED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE YOU CAN CALL 911). THIS MEANS THAT YOU WILL BE UNABLE TO PLACE TELEPHONE CALLS, INCLUDING CALLS TO 911, UNTIL THE ELECTRICITY IS RESTORED, AND IF THERE IS AN EMERGENCY IT COULD RESULT IN SERIOUS HARM OR DEATH;
(b) IF YOUR INTERNET PHONE SERVICE OR INTERNET ACCESS SERVICE IS INTERRUPTED, SUSPENDED OR CANCELLED FOR ANY REASON (INCLUDING DUE TO TECHNICAL PROBLEMS, YOUR FAILURE TO PAY CLEARWIRE, OR TERMINATION OF THIS INTERNET PHONE SERVICE AGREEMENT), YOU WILL NOT BE ABLE TO USE THE INTERNET PHONE SERVICE TO CALL 911. IN ADDITION, CLEAR MUST PERFORM REGULAR MAINTENANCE ON ITS CLEARWIRE NETWORK. IN SOME CASES THIS MAY REQUIRE CLEAR TO TEMPORARILY INTERRUPT THE INTERNET ACCESS SERVICE. CLEAR CANNOT GUARANTEE THAT YOUR INTERNET ACCESS SERVICE WILL NOT BE INTERRUPTED, AND CANNOT ALWAYS GIVE ADVANCE NOTICE OF SUCH INTERRUPTIONS. DURING AN INTERRUPTION YOU WILL BE UNABLE TO PLACE TELEPHONE CALLS, INCLUDING CALLS TO 911, AND IF THERE IS AN EMERGENCY IT COULD RESULT IN SERIOUS HARM OR DEATH;
(c) AS DESCRIBED FURTHER BELOW, IF YOU TRANSFER A TELEPHONE NUMBER FROM YOUR TRADITIONAL TELEPHONE SERVICE, THERE MAY BE A DELAY OR INTERRUPTION IN YOUR ABILITY TO USE THE INTERNET PHONE SERVICE TO CALL 911. DURING SUCH DELAY YOU WILL BE UNABLE TO PLACE TELEPHONE CALLS, INCLUDING CALLS TO 911, AND IF THERE IS AN EMERGENCY IT COULD RESULT IN SERIOUS HARM OR DEATH;
(d) AS DESCRIBED FURTHER BELOW, IF YOU USE THE INTERNET PHONE SERVICE AT A NEW REGISTERED LOCATION, IT MAY TAKE SEVERAL DAYS AFTER YOU NOTIFY CLEARWIRE OF THE NEW REGISTERED LOCATION BEFORE 911 CALLING OR E911 FUNCTIONS WILL BE AVAILABLE. DURING THIS PERIOD YOU WILL BE UNABLE TO PLACE TELEPHONE CALLS, INCLUDING CALLS TO 911, AND IF THERE IS AN EMERGENCY IT COULD RESULT IN SERIOUS HARM OR DEATH; AND
(e) NETWORK CONGESTION, RADIO INTERFERENCE, WEAK WIRELESS SIGNALS, OR OTHER CAUSES OF REDUCED INTERNET ACCESS SERVICE PERFORMANCE MAY PREVENT YOU FROM USING THE INTERNET PHONE SERVICE TO CALL 911 OR MAY DELAY THE ROUTING OF YOUR 911 CALL OR E911 INFORMATION. IF THERE IS AN EMERGECY DURING SUCH INSTANCES, IT COULD RESULT IN SERIOUS HARM OR DEATH. YOU SHOULD NOT RELY ON THE INTERNET PHONE SERVICE AS YOUR PRIMARY METHOD TO OBTAIN EMERGENCY SERVICES. IF YOU DO NOT FEEL COMFORTABLE WITH THESE LIMITATIONS, WE SUGGEST YOU MAKE ALTERNATIVE METHODS AVAILABLE TO CALL 911 OR OTHERWISE OBTAIN EMERGENCY SERVICES, SUCH AS THROUGH A TRADITIONAL TELEPHONE LINE OR A MOBILE PHONE.
You acknowledge that you are aware of and understand the foregoing limitations and agree to advise all persons who may conduct calls using your Internet Phone Service of the same. In addition, you agree to place the 911/E911 warning stickers that Clearwire provides you when you order Internet Phone Service on or near the applicable Equipment, and ensure that such sticker is conspicuous and clearly visible to anyone using the Internet Phone Service.
5. Other Internet Phone Service Limitations. You acknowledge and agree to the following:
(a) Security. The Internet Phone Service uses public Internet and third party networks to transmit voice and other communications. Clearwire cannot and does not guarantee that the Internet Phone Service is secure or can be used in a secure manner.
(b) Home Security Systems and other Non-Voice Communications Equipment. All non-voice communications equipment, including but not limited to, home security systems that are set up to make automatic phone calls, fax machines, modems, or some hearing impaired devices, and medical monitoring devices ("Non-Voice Systems"), may not be compatible with the Internet Phone Service or may be interrupted or permanently disabled by installation or operation of the Internet Phone Service. You are solely responsible for the operation and use of such Non-Voice Systems with the Internet Phone Service, including taking any necessary steps, as permitted under your agreements with Clearwire, to ensure compatibility between such Non-Voice Systems and the Internet Phone Service.
(c) High-Risk Uses. The Internet Phone Service is not fail-safe or designed or intended for use in situations where error-free or uninterrupted service is essential, including uses involving vital communications in which an error or interruption in the Internet Phone Service could lead to injury to business, persons, property or the environment ("High-Risk Uses").
6. Relocation Requirements. The Internet Phone Service may be used only at the Registered Location you provide to Clearwire. If you wish to relocate the Equipment, you must contact Clearwire for information on Internet Phone Service availability at the new location. If the Internet Phone Service is available at your new location, you must update and register the new location with Clearwire in order to update our records for the Internet Phone Service and help make 911 services and E911 features available to you. If Internet Phone Service, 911 calling or an E911 feature is not available at the new location, your Internet Phone Service will be terminated or suspended until you return the Equipment to a location with Internet Phone Service, 911 and E911 availability and provide us updated information for the new location. Using or moving, or attempting to use or move, the Equipment or Internet Phone Service to a location without complying with this Section 6 is a violation of this Internet Phone Service Agreement and you do so at your own risk.
7. Local Number Portability When Available. If you are transferring your existing phone number from another service provider for use with the Internet Phone Service (and you hereby acknowledge and understand that the ability to so transfer your existing phone number may be precluded by reason of certain geographic and/or other restrictions), the following terms and conditions also shall apply:
(a) You will cooperate fully with Clearwire and provide promptly all information, including a letter of authorization or other documentation, as requested by Clearwire in connection with the processing of your order for Internet Phone Service;
(b) You authorize Clearwire to notify your current telephone service provider of your decision to switch your local, local toll and long distance services to the Internet Phone Service, and you represent you are authorized to take such actions;
(c) You acknowledge that if you set up the Internet Phone Service prior to the date that the number switch becomes effective (the "Port Effective Date"), you may be able to place outgoing calls but not receive incoming calls over the Internet Phone Service, and may not be able to make 911 or other emergency calls over the Internet Phone Service, until the Port Effective Date (in such a case, you should keep another phone connected to an existing phone extension at your service location to receive incoming calls until the Port Effective Date); and
(d) You acknowledge that if the Internet Phone Service is not yet activated as of the Port Effective Date, your existing phone service for the number you are transferring will be disconnected and you will have no service for that line. To help avoid an interruption in your phone service, you should install the Internet Phone Service prior to, or on, the Port Effective Date. An estimate of the Port Effective Date may be sent to you by Clearwire following your completion of the ordering process, but this is only an estimate and not a guarantee of the Port Effective Date.
8. Limitation of Liability. IN NO EVENT SHALL THE CLEARWIRE PARTIES (AS DEFINED IN THE ACCESS AGREEMENT) BE LIABLE FOR ANY CLAIMS, DAMAGES, LOSSES OR LIABILITIES, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATED TO:
(a) DEVELOPING, INSTALLING, OPERATING, PROVIDING, IMPLEMENTING, MAINTAINING OR PARTICIPATING IN A 911 EMERGENCY TELEPHONE SYSTEM OR SIMILAR EMERGENCY SYSTEM OR ENHANCED 911 TELEPHONE SERVICE, INCLUDING WITHOUT LIMITATION (i) RECEIVING, DEVELOPING, COLLECTING, OR PROCESSING INFORMATION FOR E911 DATABASES, (ii) RELAYING, TRANSFERRING, OPERATING, MAINTAINING, OR PROVIDING 911 OR E911 SERVICES OR SYSTEM CAPABILITIES, OR (iii) PROVIDING EMERGENCY TELEPHONE AND RADIO COMMUNICATIONS FOR AMBULANCE, POLICE AND FIRE DEPARTMENTS;
(b) INTERFERENCE OR INCOMPATIBILITY WITH OR DISRUPTION OF ANY NON-VOICE SYSTEMS, WHETHER CAUSED BY THE INTERNET PHONE SERVICE, INTERNET ACCESS SERVICE, ANY EQUIPMENT, OR OTHERWISE;
(c) ANY LACK OR BREACH OF SECURITY YOU OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE INTERNET PHONE SERVICE.
(d) USE OF THE INTERNET PHONE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK USES; OR
(e) ANY INABILITY OF CLEARWIRE, FOR ANY REASON, TO TRANSFER AND MAINTAIN YOUR EXISTING PHONE NUMBER (i) FROM ANOTHER VOICE SERVICE PROVIDER WHEN YOU DESIRE TO TRANSFER SUCH TELEPHONE NUMBER FOR USE IN CONNECTION WITH YOUR ESTABLISHMENT OF INTERNET PHONE SERVICE WITH CLEARWIRE OR (ii) FOR ANOTHER VOICE SERVICE PROVIDER WHEN YOUR INTERNET PHONE SERVICE WITH CLEARWIRE IS TERMINATED (BY YOU OR BY CLEARWIRE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION YOUR NON-PAYMENT OF ANY AMOUNT(S) DUE TO CLEARWIRE) AND YOU ARE SWITCHING TO SUCH OTHER VOICE SERVICE PROVIDER.
This Section 8 will survive termination or expiration of this Internet Phone Service Agreement and the Access Agreement for any reason.
9. Service Distinctions. You acknowledge and agree that the Internet Phone Service, Internet Access Service, and any other services offered by Clearwire are not traditional wireline telephone services. Important distinctions exist between a traditional wireline telephone service and the Internet Phone Service offering provided by Clearwire. The Internet Phone Service is subject to different regulatory treatment than traditional wireline telephone service. This treatment may limit or otherwise affect your rights of redress before federal, state or local telecommunications regulatory agencies.
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