Policies & Disclosures

Disclosures

CORPORATE GOVERNANCE

Southwest is dedicated to providing our customers quality, user-friendly services and our employees a professional work environment. Southwest strives to conduct its business in an ethical manner whereby employees are encouraged to adhere to the Company values of service, respect, integrity, excellence, communication and profitability. Southwest's Board of Directors, executive management and employees are held accountable to all laws and regulations as well as having their behavior guided by the provisions outlined in its Code of Conduct. Maintaining an ethical environment is the responsibility of all those associated with Southwest and it is their obligation to report any suspected violations that may have occurred. Southwest has made available a way to anonymously and confidentially report actual or possible violations of the Business Code of Conduct.

SERVICE AGREEMENTS

HIGH SPEED INTERNET SERVICES Southwest is committed to providing a high quality of IP network service for our Customers. In the event the Southwest IP Network cannot meet the thresholds for network availability, latency, and packet loss as described in the following paragraphs, Customer may be entitled to service credits as set forth below. Network Definition This Service Level Agreement (“SLA”) includes the Customer’s access port (the port on the Southwest aggregation router upon which the Customer’s circuit terminates) and the Southwest owned and controlled IP backbone network (routers and circuits including any transit connections) (“Southwest IP Network”). This SLA does not include networks owned and/or controlled by other carriers; local access circuit (e.g. local loop); Customer premise equipment (CPE); Customer’s local area network (LAN); interconnections to or from and connectivity within other Internet Service Provider (ISP) networks; scheduled maintenance and emergency maintenance; any act or omission by Customer, its officers, directors, employees, subcontractors, agents, or any other entity under Customer’s control; and/or any circumstance beyond Southwest's reasonable control including Internet attacks (denial of service, virus and work activity, etc.) or force majeure event as defined in the Services Agreement. Network Availability Guarantee 99% The Southwest IP Network, as defined above, is guaranteed to be available and capable of forwarding IP packets 99% of the time. If the Southwest IP Network availability guarantee is not met in a calendar month, the Customer may receive a service credit of 1/30th of the monthly recurring charge (“MRC”) for that calendar month for each full hour of outage. Limits on the service credit amount and reporting procedures are detailed below. Latency Guarantee 45 Milliseconds The Southwest IP Network is guaranteed to have an average round trip packet transit time within the Southwest IP Network over a calendar month of 45 ms or less. The average latency is measured as the average of 15-minute samples across the Southwest IP Network taken throughout the month. If the Latency Guarantee is not met in a calendar month, the Customer may receive a service credit of 1/30th of the MRC for the month for each full 1 ms above the 45 ms average maximum guaranteed under this SLA. Limits on the service credit amount and reporting procedures are detailed below.

CUSTOMER PROPRIETARY NETWORK INFORMATION

Customer Proprietary Network Information or CPNI is the information that Southwest gathers about its customers 1) that relates to the quantity, technical configuration, type, destination, and amount of use of telecommunications services subscribed to by its customers, and that is made available to Southwest by the customer solely by virtue of the carrier-customer relationship; and 2) information contained in the bills pertaining to telephone exchange service or telephone toll service received by a customer of a carrier. CPNI does not include subscriber list information. Customer Privacy Southwest offers various communications-related service, including local and long distance service, and telecommunications equipment. In order to better serve your communication needs, from time to time we would like to share your CPNI across product lines within Southwest. Southwest may also share your CPNI on a limited, as-needed basis with trusted agents and independent contractors that assist Southwest in providing you with communication-related services. These parties share a duty to protect your CPNI. Southwest will only share your CPNI with its agents and independent contractors with your explicit permission. Our use of CPNI may enhance our ability to offer products and services tailored to your specific needs. Southwest will not sell your CPNI to third parties without the appropriate authorization from you, or a law enforcement agency or court of law. Customer Rights CPNI is subject to federal and certain state laws and regulations. Southwest is fully committed to complying with these CPNI laws and regulations. You have the right to protection of your confidential information and Southwest has the duty to protect that information. If you prefer that Southwest not use, disclose, or allow access to your CPNI to offer you our communications-related products and services to which you do not already subscribe, you may "opt-out" - that is, you may direct us not to make these disclosures across additional product lines within Southwest. Your decision to opt-out will not affect the provision of any services to which you currently subscribe. You may opt-out at any time by contacting the Southwest. Your approval or denial of approval for the use of CPNI is valid until such time as your telephone services are discontinued or you affirmatively revoke or limit such approval or denial. If you choose to opt-out, Southwest's ability to offer you certain services to which you do not currently subscribe, including promotions and cost-saving bundled services, may be limited.

NET NEUTRALITY DISCLOSURES

Southwest is committed to providing high-quality Internet access services and is committed to being a responsible member of the Internet Community, including adhering to the “net neutrality” rules set forth by the Federal Communications Commission (FCC). Transparent Network Management Practices Southwest's data network is designed to provide its customers with highly reliable Internet access and data transmission services. Southwest has redundant data backbone facilities and equipment which instantaneously re-routes traffic in the event of a cable cut or other outage. We monitor our network’s performance twenty four hours a day seven days a week. We measure capacity utilization at each routing and switching node within our network. When peak utilization consistently exceeds fifty percent of capacity at a node, we augment capacity to prevent customers from experiencing blockages. We do not dedicate capacity to individual customers utilizing our mass market Internet access products. We constantly manage our data network capacity to avoid blockages. Southwest has a 7x24x365 team of people who proactively monitor all network elements and services. This team uses advanced industry tools to gain visibility to impairments as well as services that may become impaired. These tools provide Southwest the ability to identify deteriorating situations allowing us to resolve problems before they become service impacting. Our fundamental network design and build strategy is aimed at avoiding blockages. It is important to note that Southwest has hundreds of peering partners. While data transmission over our network is rarely subject to blocking, that is not necessarily true for the networks with which we interconnect. Consequently, customers may experience blockage due to the network serving the destination or origin of their traffic or because an intermediate carrier’s network is congested. We take trouble reports and investigate every instance where customers report blockage or other service issues. We continually seek out new peering partners to make data transmissions more efficient and work with our existing peering partners to improve service. No Blocking or Unreasonable Discrimination Subject to our Acceptable Use Policy and Internet Access Policy, Southwest does not block or impose rate-controls for specific protocols nor restrict interconnection of specific network devices. Third Party Content or Edge Providers Southwest recognizes its mass market Internet access customers may have interaction or commercial relationships with third party content, applications, service, and device or “edge providers.” The following disclosures apply to Southwest's mass market Internet access customers and to third party edge providers: Parties other than Southwest may offer and provide products and services on or through non-Southwest websites. Southwest is not responsible for the contents, links or privacy of any third party linked website. Southwest is not responsible for examining or evaluating, and Southwest does not warrant the offerings of, any third party businesses or individuals or the content of their websites. Southwest does not assume any responsibility or liability for the actions, products, and contents offered by third party content, applications, service, and device providers. Mass Market Internet Access Services Southwest's mass market includes the businesses that purchase undifferentiated, standard, or un-negotiated, priced products and services from Southwest. With regard to fixed broadband Internet access service these services include, DSL Internet Access, Broadband Internet Access, and any bundling or packaging of these services. The product list includes: DSL Internet Access Broadband Internet Access Southwest's mass market Internet access service is delivered over digital subscriber line (DSL) technology. DSL is a modem-based technology for broadband data access over ordinary copper telephone lines from homes and businesses. There are many types of DSL, each with their own specifications. They are sometimes referred to as last-mile (or first mile) technologies because they are used only for connections from a telephone switching station to a home or office, not between switching stations. Southwest's mass market Internet access service is delivered over asymmetric ADSL2+ (DSL Internet Access) and bonded (Broadband Internet Access) ADSL2+ communication technology. ADSL2+ is a form of DSL in which the bandwidth available for downstream connection is significantly larger than for upstream. The data-rate of ADSL2+ depends on the length and technical characteristics of the line (e.g., gage of wire, presence of bridge taps, and other such features that affect the line characteristics) connecting the end-user to Southwest's network serving office. ADSL2+ is an ITU (International Telecommunication Union) standard (see www.itu.int). Some of our customers receive Internet access via CenturyLink’s (formerly Qwest) service and CenturyLink’s Internet service policies may be found here. If you are not sure whether your Internet access service is provided via CenturyLink, please contact your Southwest customer service representative.

Policies

In the course of doing business with Southwest and its affiliated operating companies (“Southwest”) you may share personal, business, and financial information with us. We treat this information as confidential and recognize the importance of protecting access to it. You should note, however, that it is impossible to guarantee that such information is or will be completely safe from unauthorized access or use. You may provide information when communicating or transacting with us in writing, electronically, or by telephone. For instance, information may come from requests for forms or literature, contracts, and your transactions and account positions with us. On occasion, such information may come from outside agencies or communications providers, and others that provide services to us. In addition, Southwest Telecom may collect information during visits to our websites, usually in the form of cookies, registration forms, and log files. We do not sell information about current or former customers to any unrelated third parties, and we do not disclose it to third parties unless necessary to process a transaction, service an account, to protect the security and integrity of this website and our services and network, to protect our rights and property and the rights and property of others, to respond to claims that submitted information violates the rights or interest of third parties, to take precautions against liability, to correct technical problems and malfunctions in how this website operates and in our systems and services, pursuant to a customer’s specific direction, or as otherwise permitted or required by law or legal process. You should note that in connection with our data services, when you register a domain name, your address, e-mail and phone number are published in the public WHOIS database which is available for public viewing. In the event we, our parent or any of our affiliates or subsidiaries are acquired by another entity or merge with a third party, information you provide to us may be transferred to that entity or one or more of its affiliates. We will take steps to inform the any successor entity that it will be bound to respect the provisions of this Policy with regard to any Personal Information in its possession prior to the acquisition or merger. In the event of bankruptcy, both this policy and the provisions of applicable law will apply. Southwest may use information you provide to inform you about additional services and products offered by the Southwest family of companies and Southwest authorized agents whose offerings might be of interest to you, unless you instruct otherwise, and in accordance with applicable laws and regulations. This web site may contain links to third party Web sites. While we try to link only to sites that share our standards and respect for privacy, we are not responsible for the content or the privacy practice of any third party Web sites. For this reason, we encourage you to review the privacy policies of these Web sites before disclosing any personal information to or through them.

ACCEPTABLE USE POLICY

This Acceptable Use Policy specifies the actions prohibited by Southwest to users of the Southwest Network. Southwest reserves the right to modify this Policy at any time. General information Southwest Communications, INC. is committed to providing high-quality Internet products and services for its customers. Southwest also is committed to being a responsible member of the Internet Community. Therefore, Southwest holds both itself and its customers to a higher standard of accountability as set forth in this Acceptable Use Policy. Southwest’s Acceptable Use Policy specifies the actions prohibited by Southwest to users of the Southwest Network. Southwest reserves the right to modify this Policy at any time. If Southwest receives abuse complaints, Southwest will work diligently to resolve these complaints with our customers. However, if a customer does not abide by Southwest’s Acceptable Use Policy or otherwise fails to cooperate adequately in the resolution of any complaint, Southwest may assess the customer a fee of $100 per abuse complaint and may immediately restrict or terminate the customer’s services, at Southwest’s sole discretion, in addition to any other remedy that may be available to Southwest. Illegal use The Southwest Internet Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law, policy, rule, or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, pornographic, defamatory, constitutes an illegal threat, or violates export control laws. Southwest has the right, in its sole discretion, to take such action as necessary, including but not limited to: blocking or suspension or termination of the customer’s services, relative to any material that in Southwest’s sole judgment violates this Policy. Southwest is not responsible nor will Southwest be liable for the removal of, failure or delay in removing any such material. System and network security Violations of system or network security are prohibited and may result in criminal and civil liability. Southwest will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting. Email Sending or causing to be sent unsolicited electronic mail messages (spam), including, without limitation to commercial advertising and informational announcements is explicitly prohibited. Southwest customers may not alter the headers of outbound email messages to conceal an email address or to prevent recipients from responding to a message. Additionally, a valid reply-to address is required for all outbound email. A user shall not use Southwest’s mail server to deliver bulk email of 100 or more recipients per mailing, or another site’s mail server to relay mail without the express permission of the site. Southwest reserves the right to take any and all legal and technical action required to prevent mail relaying, and unsolicited email from entering, utilizing or remaining within the Southwest Network. A customer running their own mail server may not relay through Southwest’s mail servers. If Southwest receives complaints resulting from an open relay, the customer may be subject to network restrictions, deactivation and/or an assessed fee of $100 per complaint. POP (Post Office Protocol) mail clients should be configured to check for new mail at intervals no shorter than 5 minutes. A customer performing excessive checks for new mail may be blocked from accessing the POP mail server until proper customer configuration changes have been made. Distribution of Internet Viruses or Other Destructive Activities Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses and other destructive activities such as cracking is expressly prohibited. Other Activities Engaging in activities, whether lawful or unlawful that Southwest determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations is expressly prohibited. DISCLAIMER OF WARRANTIES AND LIABILITY YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH AN SOUTHWEST WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH AN SOUTHWEST NETWORK OR WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” SOUTHWEST, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE OR NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. SOUTHWEST DOES NOT GUARANTEE THAT ITS NETWORK OR WEBSITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL SOUTHWEST, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS NETWORK OR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF SOUTHWEST, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY SOUTHWEST NETWORK OR WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SOUTHWEST, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. INDEMNIFICATION You agree to indemnify, defend and hold harmless Southwest from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Website or Network; or (5) your use of our Website or Network. MODIFICATION OF THE POLICY AND AGREEMENT We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on www.swtel.com. You agree to the Policy and Agreement by accessing or using our Website, products or services, or by sending any electronic transmission through our Network. MISCELLANEOUS Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. Southwest may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.

STATIC ROUTING POLICY

This document outlines Southwest’s policy when performing customer static routing. The policies herein are designed with the intent of maintaining Southwest as a good internet citizen, reducing possible routing problems internet wide, and to reduce the possibility of legal implications of originating IP prefixes foreign to Southwest’s network. Southwest will only static route Southwest owned net-blocks if the following criteria is met: Southwest’s IP Admin has assigned a net-block from an Southwest CIDR block, and the net-block has a valid SWIP record reflecting its proper sub-delegation. Note: Net-blocks delegated and routed to Southwest customers within Southwest CIDR blocks will be advertised to Southwest peers as aggregate CIDR blocks only and will not be advertised individually. Southwest will only static route net-blocks foreign to Southwest’s network if their prefix length is less than or equal to /24 and one of the following criteria is met: The net-block has been delegated to the customer directly by ARIN (or similar registry) and the customer has provided LOA to Southwest indicating that it is acceptable for Southwest to route the net-block. The net-block has been sub-delegated by another upstream of the customer, the sub-delegation has been SWIP’d to that customer, and the customer has provided LOA to Southwest indicating that it is acceptable for Southwest to route the net-block. The net-block has been directly delegated by ARIN (or similar registry) to another organization and that organization has provided LOA to Southwest indicating that it is acceptable for Southwest to route the net-block. Southwest reserves the right to add, delete and modify any of the policies at any time at Southwest’s sole discretion without notice.

If you believe that an Southwest customer has infringed your copyrights, please notify Southwest’s Copyright Agent and provide the following information: An identification of the copyrighted work claimed to have been infringed; An identification of the material that you claim is infringing (including the URLs of the pages on which those materials appear) so that Southwest may locate the material; Your address, telephone number, and e-mail address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A physical or electronic signature of the owner of the copyright interest or of the person authorized to act on behalf of the owner of the copyright interest. Southwest’s Network Abuse department can be reached at networkabuse@54.212.3.212. Southwest may forward the information that you have provided to the alleged infringer. In response to your notice, Southwest also may remove the web pages that contain the allegedly infringing content, in its discretion, if Southwest provides web-hosting services to the alleged infringer. If Southwest provides ISP services, but not web-hosting services, to the alleged infringer, Southwest does not have the ability or control to remove specific pages of the web site, but may, in its discretion, terminate the accounts of customers who appear to infringe another’s copyright.

SUBPOENA AND CALL TRACE POLICY

The Southwest Telephone (“Southwest”) Privacy Policy provides that we will not release personally identifiable information, that is, information sufficient to identify a particular subscriber, including account and call record information, except under specific circumstances. The Privacy Policy provides in part as follows: Occasionally, Southwest may be required by law enforcement or judicial authorities or other legal process to provide information collected from its customers and web visitors. We will disclose such information upon receipt of a court order or subpoena, or as otherwise provided by law. If you seek the identity of or account information about an Southwest customer in connection with a criminal or civil legal or investigative matter, you must serve Integra with a valid subpoena, court order, or other valid law enforcement directive, at the address below, either in person or via facsimile transmission, or at our agent for service of process. You must also agree to compensate Southwest for our subpoena response services according to the terms of this policy and/or any applicable rule or law. Subject to the restrictions on disclosure of information to customers set forth above, Southwest must provide Call Trace and/or Trap & Trace upon request from its customers or law enforcement agencies. The request must be in writing unless there is an emergency situation. An emergency situation is any situation wherein there is an imminent risk of substantial bodily harm, death, or abduction. If there is an emergency situation, Southwest may conduct the Call Trace or initiate the Trap & Trace procedures upon oral request, however, no records will be released prior to written confirmation verifying, to Integra’s satisfaction, the identity of the requestor as a law enforcement officer. Under no circumstances will Southwest release any records to anyone other than a law enforcement officer. If an Southwest customer requests or activates (through special dialing code) a Call Trace, Southwest must conduct the Call Trace for the customer. The customer must immediately notify Southwest Customer Care that a Call Trace has been activated. However, Southwest will not release the results of a Call Trace or a Trap & Trace effort to its customer. Southwest must refer all information captured by a Call Trace or Trap & Trace to the appropriate law enforcement agency and direct the customer to work directly with the law enforcement agency. IF YOU ARE A CUSTOMER WITH AN EMERGENCY, DO NOT CALL Southwest – CALL 911 IMMEDIATELY. Service of Subpoenas and Other Legal or Law Enforcement Directives Notice to Subscribers Unless prohibited by law, upon receipt of a valid civil subpoena, Integra may notify the customer whose information is sought via facsimile or U.S. mail. Fees for Subpoena Compliance Integra charges the following rates for compliance with civil and privately-defended criminal case subpoenas. We will invoice the person or entity submitting the subpoena following receipt. The subpoena proponent must make payment within 30 days from the date of receipt of our invoice. Checks should be made payable to Southwest Telecom. Southwest’s subpoena compliance fees and charges are as follows: $75.00 for response including research time $0.25 cents per copy.

INTERNET ACCESS POLICY

This Website (‘swtel.com’), its owners (collectively, ‘Southwest Communications, Inc.’) and constituents believe that the privacy and security of our visitors and clients information are of utmost importance. As such, we administer strict policies safeguarding your privacy and security. This document (‘Privacy Policy’) defines and informs you of any and all of the instances in which your data and information (collectively, ‘info’) may be saved and how it may be used. INFO WE COLLECT From Clients of our Service E-mail Address. Payment Data. Clients who opt to use the optional control panel will receive a temporary cookie. From the Website and Email Google analytics data (appears anonymous). Google may store a cookie. Feel free to opt out with GOOGLE’S PLUGIN. Apache Webserver (see apache.org) logs. Submissions on the ‘Contact Us’ page. Any e-mails we receive. Affiliates who opt to use the optional control panel will receive a temporary cookie. INFO USES E-mail address is used to send subscription information and payment confirmations. Payment data is used to manage client signups, payments, and cancellations. Google analytics data is used to improve our website. Apache webserver logs are regularly pruned and are created by the webserver. No usernames or passwords are ever logged by the webserver. Contact submissions and e-mails will be used for correspondence. Temporary cookies are used to handle control panel logins. Swtel.com does not collect or log any traffic or use of its Virtual Private Network (“VPN”) or Proxy. DISCLOSURE Swtel.com is a business that strives to protect privacy and the privacy rights of our clients. Although we will comply with all valid subpoena requests, our legal team scrutinizes each and every legal request that we receive for compliance with both the “spirit” and letter of the law. For invalid or overly broad subpoenas, we will often question or attempt to narrow the scope of any subject matter sought. Moreover, when it is possible and a valid option we will provide the user an opportunity to object to any requested disclosures. We cannot provide information that we do not have. Swtel.com will not participate with any request that is unconstitutional.

TOLL FRAUD POLICY

This Toll Fraud policy defines toll fraud and specifies actions the Customer and Southwest will take to address such fraud. Toll Fraud Toll Fraud is the theft of long distance service. It typically occurs when a party gains remote access to the Customer’s PBX or key system located at the Customer’s premise. Toll fraud may also occur through unauthorized use of the Customer’s calling cards. Compliance Customers should immediately notify Southwest of suspected Toll Fraud by calling the Southwest Customer Care Center. Be prepared to identify the means by which the fraud occurred, if known, and any modifications made to Customer Premise Equipment (CPE) in an attempt to stop the Toll Fraud. Upon notice, Southwest will investigate any suspected Toll Fraud, and may block, suspend, or otherwise limit the ability of the Service to prevent continued Toll Fraud. Customer agrees to cooperate with Southwest in the investigation, including the reporting of such incidents to the appropriate Field Office of the Federal Bureau of Investigation. Customer agrees to provide Southwest with such information and documentation as Southwest may request, including any reports, testimony or affidavits submitted to law enforcement. Liability Southwest is dedicated to leading the industry in providing quality, user-friendly network services and CPE. As part of that commitment, Southwest respects the right of its customers to choose the Southwest services and equipment that meet particular Customer needs, so long as the use is lawful and does not violate Southwest’s policies and procedures. The freedom of the Customer to choose among Southwest’s diverse service applications and the Customer’s exclusive control of CPE means that the Customer, and not Southwest, is capable of addressing and preventing Toll Fraud. IT IS THE EXCLUSIVE RESPONSIBILITY OF THE CUSTOMER TO PREVENT THE OCCURRENCE OF FRAUD, and Customer is responsible for payment of any charges incurred due to fraud (including Toll Fraud), abuse, or misuse of the Services, whether known or unknown to Customer, and whether or not Southwest takes any actions to stop or block Toll Fraud.

TELECOMMUNICATIONS RELAY SERVICES

The Telecommunications Relay Services (TRS) surcharge appears on your invoice each month. Do you how know these funds are used to help those with hearing and speech disabilities? Telecommunications Relay Services (TRS) enable standard voice telephone users to talk to people who have difficulty hearing or speaking on the telephone. Under Title IV of the Americans with Disabilities Act, all telephone companies must provide free relay services either directly or through state programs throughout the 50 states, the District of Columbia, Puerto Rico, and all of the U.S. territories. These services are used everyday by businesses, government agencies, family, friends and employers of persons with hearing and speech disabilities. How does TRS work? TRS uses operators or “Communication Assistants” (CAs), to facilitate telephone calls for people who have difficulty hearing or speaking. TRS is available 24 hours a day 7 days a week, free of charge, and the conversations relayed are kept completely confidential. Callers are not limited in the type, length or nature of their calls. What number do I call to connect to a TRS operator? Just as you can call 411 for information, you can dial 7-1-1 to connect to relay services anywhere in the United States. For more information regarding 711, visit http://www.fcc.gov/cgb/consumerfacts/711.html. What Forms of TRS Are Available? There are several forms of TRS, depending on the particular needs of the user and the equipment available. Text-to-Voice TTY-based TRS – With this type of “traditional” TRS, a person with a hearing or speech disability uses a special text telephone, called a TTY, to call the CA at the relay center. TTYs have a keyboard and allow people to type their telephone conversations. The text is read on a display screen and/or a paper printout. A TTY user calls a TRS relay center and types the number of the person he or she wishes to call. The CA at the relay center then makes a voice telephone call to the other party to the call, and relays the call back and forth between the parties by speaking what a text user types, and typing what a voice telephone user speaks. Voice Carry Over – Voice Carry Over (VCO) is a type of TRS that allows a person with a hearing disability, but who wants to use his or her own voice, to speak directly to the called party and receive responses in text from the CA. No typing is required by the calling party. This service is particularly useful to senior citizens who have lost their hearing, but who can still speak. Hearing Carry Over – Hearing Carry Over (HCO) is a type of TRS that allows a person with a speech disability, but who wants to use his/her own hearing, to listen to the called party and type his/her part of the conversation on a TTY. The CA reads these words to the called party, and the caller hears responses directly from the called party. Speech-to-Speech (STS) Relay Service – This form of TRS is used by a person with a speech disability. A CA, who is specially trained in understanding a variety of speech disorders, repeats what the caller says in a manner that makes the caller’s words clear and understandable to the called party. No special telephone is needed. For more information regarding STS visit www.fcc.gov/cgb/consumerfacts/speechtospeech.html. Shared Non-English Language Relay Services – Due to the large number of Spanish speakers in the United States, the FCC requires interstate TRS providers to offer Spanish-to-Spanish traditional TRS. Although Spanish language relay is not required for intrastate (within a state) TRS, many states with large numbers of Spanish speakers offer this service on a voluntary basis. The FCC also allows TRS providers who voluntarily offer other shared non-English language interstate TRS, such as French-to-French, to be compensated from the federal TRS fund. Captioned Telephone Service – Captioned telephone service, like VCO, is used by persons with a hearing disability but some residual hearing. It uses a special telephone that has a text screen to display captions of what the other party to the conversation is saying. A captioned telephone allows the user, on one line, to speak to the called party and to simultaneously listen to the other party and read captions of what the other party is saying. There is a “two-line” version of captioned telephone service that offers additional features, such as call-waiting, *69, call forwarding, and direct dialing for 911 emergency service. Unlike traditional TRS (where the CA types what the called party says), the CA repeats or re-voices what the called party says. Speech recognition technology automatically transcribes the CA’s voice into text, which is then transmitted directly to the user’s captioned telephone text display. Video Relay Service (VRS) – This Internet-based form of TRS allows persons whose primary language is American Sign Language (ASL) to communicate with the CA in ASL using video conferencing equipment. The CA speaks what is signed to the called party, and signs the called party’s response back to the caller. VRS is not required by the FCC, but is offered by several TRS providers. VRS allows conversations to flow in near real time and in a faster and more natural manner than text-based TRS. Beginning January 1, 2006, TRS providers that offer VRS must provide it 24 hours a day, seven days a week, and must answer incoming calls within a specific period of time so that VRS users do not have to wait for a long time. For more information regarding VRS visit www.fcc.gov/cgb/consumerfacts/videorelay.html. Internet Protocol (IP) Relay Service – IP Relay is a text-based form of TRS that uses the Internet, rather than traditional telephone lines, for the leg of the call between the person with a hearing or speech disability and the CA. Otherwise, the call is generally handled just like a TTY-based TRS call. The user may use a computer or other web-enabled device to communicate with the CA. IP Relay is not required by the FCC, but is offered by several TRS providers. For more information regarding IP Relay visit www.fcc.gov/cgb/consumerfacts/iprelay.html. IP Captioned Telephone Service – IP captioned telephone service, one of the newest forms of TRS, combines elements of captioned telephone service and IP Relay. IP captioned telephone service can be provided in a variety of ways, but uses the Internet – rather than the telephone network – to provide the link and captions between the caller with a hearing disability and the CA. It allows the user to simultaneously both listen to, and read the text of, what the other party in a telephone conversation is saying. IP captioned telephone service can be used with an existing voice telephone and a computer or other Web-enabled device without requiring any specialized equipment. For more information regarding IP captioned telephone service, visit www.fcc.gov/cgb/consumerfacts/ipcaptioned.html. For More Information For more information about TRS or to learn more about FCC programs to promote access to telecommunications services for people with disabilities, visit the FCC’s Disability Rights Office Web site at www.fcc.gov/cgb/dro. For information about other telecommunications issues, visit the FCC’s Consumer & Governmental Affairs Bureau Web site at www.fcc.gov/cgb, or contact the FCC’s Consumer Center using the information provided for filing a complaint. Don’t Hang Up! Some people hang up on TRS calls because they think the CA is a telemarketer. If you hear “Hello, this is the relay service…” when you pick up the phone, please don’t hang up! You are about to talk, through a TRS provider, to a person who is deaf, hard-of-hearing, or has a speech disability.

TELEMARKETING AND TELEPHONE SOLICITATION POLICIES

The federal Do-Not-Call Registry became effective October 1, 2003. The relevant federal Do-Not-Call rules are set forth in 47 C.F.R. – 64.1200 of the Federal Communication Commission (FCC) rules, and 16 C.F.R. Part 310 of the Federal Trade Commission (FTC) rules. These rules apply to any person conducting telemarketing or telephone solicitation. The definitions listed below maybe helpful, but are no means the complete list of requirements of the Do-Not-Call rules. Integra highly recommends that you visit the web site provided at the bottom of this page for additional Do-Not-Call information. If you have further questions about compliance with the rules you may want to contact the FCC or consult with an attorney. Person Any individual, group, unincorporated association, limited or general partnership, corporation, or other business entity. Telemarketer The person or entity that initiates a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person. Telemarketing The initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person. Telephone Solicitation The initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services. Effective January 29, 2004, the Do-Not-Call rules also require that persons engaging in telemarketing must transmit caller identification (caller ID) information. The information transmitted must, at a minimum, provide the called party with a telephone number that permits the called party to make a do-not-call request during regular business hours. Where available, the name of the telemarketer must also be transmitted. Please visit the National Do-Not-Call Registry Web site for telemarketers at: https://telemarketing.donotcall.gov

Legal

Definitions

All capitalized terms used in these TOS shall be defined in accordance with the following definitions or as otherwise defined herein.

A. “911-Enabled Softphone” means a Softphone for which the Southwest Telephone 911 Service is supported.
B. “Account” means the numbered account established with Southwest Telephone that contains any of the following information: Your true, accurate, current, and complete personal name or business name, administrator name, billing address, shipping address, the address where the Plan Services will primarily be used, the records of Your Digital Lines, subscriptions, and any Plan Services that You have purchased from Southwest Telephone. Multiple services, Digital Lines, or End Users may be included in a single account.
C. “Account Data” means Registration Information, and the Southwest Telephone-generated logs of calling activity stored within that Account.
D. “Account Security Incident” means any actual or suspected unauthorized activity, erroneous billing, or breach or compromise of any Password Information or the security or privacy Your Office Plan, an Account, or any Account Data.
E. “Admin Portal” or “Customer Portal” means the website through which the customer enters Registration Information, may purchase and register additional IP Desk Phones or Softphones devices, purchase additional products or services, or make modifications to or control the customer’s Southwest Telephone Account in any other way.
F. “Customer Communications” means the content of calls, facsimiles, SMS messages, voicemails, voice recordings, conferences or other communications transmitted or stored through the Plan Services.
G. “Digital Line” means a digital voice line allowing the placement of external outbound calls and receipt of external direct inbound calls.
H. “Embargoed Area” means a country or region that is subject to a Canadian, United States, United Nations, or European Union embargo or economic sanctions, including without limitations destinations designated by Foreign Affairs, Trade and Development Canada, the United States Government in Country Group E or Part 746 of the Export Administration Regulations (15 CFR Part 730-774), or otherwise subject to territorial sanctions under regulations administered by the Foreign Affairs, Trade and Development Canada, the United States Department of the Treasury, Office of Foreign Assets Control, or other governmental authorities with jurisdiction.
I. “End Point” means a point through which any End User might access and/or use the Plan Services, including without limitation all IP Desk Phones and all Softphones, instances of the Southwest Telephone Mobile or Desktop Applications, and all devices or VoIP infrastructure on which any Softphone or such instance is installed or through which the Plan Services may be accessed or used.
J. “End User” means the user of a virtual extension or individual Digital Line set up within an Account or an individual assigned thereto by You or by Southwest Telephone at Your direction or request.
K. “Export Control List” means any list maintained by the government of Canada, the United States or any other country of entities or individuals that are subject to export controls or economic sanctions, including without limitation the Foreign Affairs, Trade and Development Canada Export Control List, the United States Commerce Department’s Denied Parties List, Entity List, or Unverified List; the United States Department of the Treasury’s or the United States Office of Foreign Assets Control’s Specially Designated National List; Sectoral Sanctions List; Foreign Sanctions Evaders List; and similar lists of entities, organizations, or individuals subject to export control restrictions or economic sanctions that are maintained by other agencies of the Canadian Government, the United States Government, the United Nations, the European Union, or any other governmental authority with jurisdiction.
L. “Home Country” means the country in which the relative majority (plurality) of the Digital Lines in Your Plan Services are provided to You, based on the Registered Address for each Digital Line.
M. “Intellectual Property” means mean all common law and statutory rights (whether registered or unregistered, or recorded or unrecorded, regardless of method) arising out of or associated with: (i) patents and patent applications, inventions, industrial designs, discoveries, business methods, and processes; (ii) copyrights and copyright registrations, and “moral” rights; (iii) the protection of trade and industrial secrets and confidential information; (iv) other proprietary rights relating to intangible property; (v) trademarks, trade names and service marks; (vi) a person’s name, likeness, voice, photograph or signature, including without limitation rights of personality, privacy, and publicity; (vii) analogous rights to those set forth above; and (viii) divisions, continuations, continuations-in-part, renewals, reissuances and extensions of the foregoing (as applicable).
N. “IP Desk Phone” means a telephony hardware device that uses VoIP to place and transmit telephone calls over an IP network.
O. “IP Rights” means any and all patents, copyrights, trademarks, service marks, trade secrets, and other Intellectual Property rights in the Plan Services or in any technology used in the provision thereof.
P. “Law” means any federal, national, municipal, local, state, or international law, statute, regulation, code, ordinance, or restriction; treaty or convention; or court or administrative ruling.
Q. “Legal Process” means any court or administrative order, subpoena, civil investigation demand, warrant, or other official request, order, or process.
R. “Marketing Communications” means occasional non-bulk sales-related communications, and any other communications solely or primarily designed to market products.
S. “Office Services” means the voice, online meeting, video conferencing, and related services, applications, and product integrations, together referred to as Southwest Telephone Office.
T. “Office Plan” means the subscription You are purchasing for Southwest Telephone Office services.
U. “Order” means any physical contract, order form, purchase order, or order for additional services placed through the Admin Portal.
V. “Password Information” means any and all passwords, PINs, IVR PIN codes, security questions or answers, and other access-related credentials related to Your Plan Services or an Account.
W. “Plan Services” means the services purchased under these TOS or any contract between the customer and Southwest Telephone, including but not limited to Office Services, Contact Center Services, Glip Services, Southwest Telephone Fax services or Southwest Telephone Pro services, and any software or hardware provided by Southwest Telephone and used in conjunction with those services.
X. “IP Desk Phone” means an IP Desk Phone that has been successfully provisioned to access the Plan Services, through the provisioning process in the applicable Admin or Customer Portal.
Y. “Registered Address” means the address of the physical location where You will use the Southwest Telephone Office service, including each IP Desk Phone and each 911-Enabled Softphone.
Z. “Registration Information” means any information You or Your End Users may be required to provide in order to begin using or to update the Plan Services, activate features, or add or modify an individual line or extension (e.g., activating an Account or End User or provisioning a device).
AA. “Southwest Telephone Mark” means a United States and foreign trademark, service mark, copyright, or logo of Southwest Telephone.
BB. “Southwest Telephone Mobile Application” the Southwest Telephone Office application for mobile devices.
CC. “Service Communications” means any communications related in whole or in part to the administration, support, use, Usage, development, or improvement of its services (including without limitation communications related to billing, payment, Usage, purchases and other transactions, Customer Communications, upgrades, updates, installations, new products, security issues, support cases, and/or customer satisfaction
DD. “Softphone” means an instance of the Southwest Telephone Softphone desktop software application used to access the Plan Services.
EE. “Taxes” means all federal, state, provincial, local, and municipal sales, international excise, value-added, transactional, regulatory, and other taxes and assessments and other governmental fees, surcharges, levies or amounts (including without limitation charges related to the recovery of amounts contributed to any contribution, universal service or other governmental fund or entity, whether or not such recovery is mandated by any Law).
FF. “Text-to-911” means the ability to send SMS messages to 911.
GG. “Third Party Mark” means a United States and foreign trademark, service mark, copyright, or logo of a third party.
HH. “Toll-Free Minute” means minutes of usage incurred on toll-free numbers assigned to an Account.
II. “Usage” means Toll-Free usage, Local usage, Long-Distance usage, International Usage, and any other usage of an Account that could result in charges for calling, messaging, or other activity.
JJ. “Voice/Text Feature” means any functionality or feature of the Plan Services that converts voice content to text content or vice versa.

Teams Product Usage Agreement

Pricing is packaged based on a bundle of local and long distance services. By signing the Teams Agreement, Customer agrees to pay all applicable port, loop and equipment MRC charges in advance, and any usage/overage charges in arrears. Customer’s first bill shall include pro-ration of first month’s service, as well as any NRC’s not previously paid. In the event Customer terminates this Agreement prior to the end of the initial term or any renewal thereafter, or has service discontinued for failure to pay, Customer will be liable for all monthly charges for the number of months remaining in the Agreement. All local loop circuit install charges are quoted with install to the Local Exchange Carrier assigned building demarcation point (Demarc) and additional Demarc Extension, as per Order Form. SWTel will pass through any costs associated with extending wiring beyond the Demarc. In conjunction with the services ordered, SWTel may provide Customer with Customer Premises Equipment (CPE). If service is terminated for any reason, Customer must return all SWTel provided equipment within 30 days of termination, or Customer will be billed for the full new cost of the equipment. SWTel will monitor Customer monthly call distribution and identify excessive traffic originating from or terminating to a High Cost Area (“HCA”), defined as high-cost LATAs/OCN’s and certain non-Regional Bell Operating Company served telephone numbers. SWTel shall apply a surcharge of up to $0.04 per minute of use to the number of minutes by which Customer’s HCA and Non-RBOC outbound terminations and inbound originations exceed usual and customary call patterns for business users (“The HCA Surcharge”). SWTel will use terminating information in the call stream data, including any Number Portability Databases available, to determine the terminating location and Operating Company Number (“OCN”). For jurisdictional determination, if the originating information (e.g., calling party number) is available (“Origination Information”), SWTel will use that data and the Termination Information within each call record to determine jurisdiction (Local, Local Toll, Intrastate Long Distance or Interstate Long Distance), and will assign each call the applicable rate from Customer’s rate schedule. If the Origination Information is not available, not a valid ANI, or is unable to be determined, SWTel will consider the call of “Indeterminate Jurisdiction” and will assign Intrastate Long Distance rates. The International Rate Plan Number above refers to a set of country-specific rates defining costs to each International dialed location. Customer requests to block International calling does not relieve Customer from liability for all completed calls made utilizing Customer’s equipment, whether authorized or unauthorized. Customer may not use service for prohibited uses, including but not limited to auto-dialing, voice or fax broadcasting, inbound or outbound call center activity, resale of services, or other similar uses. See SWTel’s terms of service for a complete list of prohibited uses. Excessive outbound or inbound local calling which is not consistent with usual and customary business use or a prohibited use shall be subject to an overage charge of $0.029 per minute. Rating of outbound calls as Local applies only to calls that utilize telephone numbers assigned by SWTel or that have been ported to SWTel’s service as the originating ANI, and are displayed accordingly in the Caller ID field. Unlimited Long Distance plans are subject to SWTel’s Acceptable Use policy. SWTel shall not replace, and Customer shall be responsible for the full cost of replacement of SWTel provided equipment and phones in the event of damage. All services provided to Customer by SWTel are governed by the terms of a Service Agreement, which may be found at www.SWTel/company/policies/and SWTel’s. This Agreement represents the entire agreement between the Parties and supersedes and merges all prior offers, agreements, promises, understandings, statements, representations, warranties, indemnities and inducements to the making of this Agreement relied upon by either Party, whether written or oral, between or among Customer and SWTel as well as SWTel’s agents, employees, and/or sales persons. This Agreement is voidable by SWTel if the text is modified without the written or initialed consent of a SWTel Officer. Except as may otherwise be provided herein, any amendments or modifications to this Agreement must be in writing and signed by an SWTel Officer. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. Customer hereby irrevocably submits to the personal jurisdiction of any state or federal court sitting in the State of Nevada, Clark County, in any suit, action, or proceeding arising out of or relating to this Agreement. Customer hereby irrevocably waives, to the fullest extent permitted by applicable law, any objection which such party may raise now, or hereafter have, to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any such suit, action or proceeding brought in such a court has been brought in an inconvenient forum. Customer hereby expressly waives the right to a trial by jury in any action or proceeding brought against customer relating to this agreement. Upon completion of any initial or renewal term commitment, any disconnection request by customer must be provided in writing 45 days prior to the requested disconnection date. Customer agrees that SWTel may request credit information from third parties and authorizes the release of such information as part of this application

TERMS AND CONDITIONS

Customer is Aware of and Agrees That:

1.) This solution requires specific Network & Equipment configurations between the client and the service provider. Client side configurations are the responsibility of the Customer.

2.) Customer should ONLY include a Drop Dead Date if there is an actual date when the service ordered MUST be installed (e.g. move to a new location). Including a Drop Dead Date when it is not really necessary will result in an order processing delay. In addition, an order with a Drop Dead Date that is less than the standard timeframe will be rejected if it is not accompanied by the appropriate (Paid) Expedite Request & Fee Authorization Form.

3.) SWTel requires that the Customer provide a complete list of all phone numbers to be ported. Numbers omitted from the list may result in those numbers not being ported at the time of circuit turn-up. SWTel will attempt to retrieve CSRs from the existing carrier(s), but cannot guarantee such. Customer agrees to provide SWTel with complete CSRs, if requested.

4.) Customer may purchase up to 20 additional Virtual Private Numbers. Virtual Private Numbers are not eligible for phones and may only be used as additional call appearances on a user device or for pilot numbers, such as Auto Attendant, Hunt Group, Etc.

5.) This product DOES NOT support:
A. Alarm lines
B. Elevator Lines
C. Analog Credit Card processing machines
D. Modems
E. Auto Dialers
F. Predictive Dialers
G. Telemarketing Applications

6.) Fax lines are supported only when customer orders separate fax POTS lines. However, SWTel Fax lines are not designed or guaranteed to support extremely heavy fax applications such as: fax blasting, fax aggregation systems, continuous and consistent high volumes of outbound and inbound faxing. Additionally, while long faxes (defined as faxes of 11 pages or more) are supported, high volumes of long faxes are not recommended. Therefore if customer is not satisfied with the quality of the best efforts fax lines, customer may cancel those fax lines only. However such cancellation shall not release the customer from the remaining commitment of the existing contract.

7.) A qualified IT Network/IP Phone vendor is required. A LAN assessment is recommended to ensure the customer’s LAN can support the implementation. Installation of a separate voice-only LAN may be recommended by your vendor but is not the responsibility of SWTel. The SWTel installation will include no LAN or network cabling.

8.) SWTel is not responsible to trouble shoot voice quality delivered over the customer’s public access.

9.) Service provided to remote users is on a best efforts basis. SWTel is unable to troubleshoot LAN/Connectivity issues for remote users, or any service delivered over customer provided internet access.

10.) Rating of outbound calls as Local applies only to calls that outpulse as the Originating ANI telephone numbers assigned by SWTel or that have been ported to SWTel’s service and are displayed accordingly in the Caller ID field.

11.) Calls forwarded or transferred by Customer to a an external number (e.g. cell phone number, residential number) will be subject to Local or Long Distance charges for the outbound leg of the call.

12.) Excessive call traffic to/from High Cost Areas (HCA) shall have a surcharge of up to $0.04 per minute of use applied to the number of excess minutes by which the Customer’s HCA traffic exceed usual and customary call patterns for business users.

13.) Billing start date for loop and port is the earlier of first call date or 14 days after loop acceptance, regardless of whether all services have been turned up.

14.) Emergency calling terms and conditions – Https://docs.microsoft.com/en-us/microsoftteams/emergency-calling-terms-and-conditions

General Terms

A. Limited License.

Southwest Telephone grants You and Your End Users a limited, personal, revocable, non-exclusive, non-sub-licensable, non-assignable, non-transferable, non-resellable license to use the software and hardware provided in conjunction with the Plan Services during the Term in strict accordance with these TOS and solely for Your own internal business use. In the event of any expiration or termination of your subscription to the Southwest Telephone Plan Services or termination of pursuant to these TOS, all license rights granted herein or in connection with any software or hardware provided under these TOS, immediately terminate. Any IP Rights in the Plan Services or in any technology used in the provision thereof are and shall remain the sole and exclusive property of Southwest Telephone and its licensors. All rights not expressly granted herein are reserved and retained by Southwest Telephone and its licensors, and no IP Rights or other rights or licenses are granted, transferred, or assigned to You, any End User, or any other party by implication, estoppel, or otherwise. You acknowledge that misuse of the Plan Services may violate third party IP Rights in the software and/or hardware provided in conjunction with the Plan Services. You may not use or disclose any Intellectual Property or IP Rights in the Plan Services or any hardware or software related to the same except as expressly contemplated by this section.

B. Southwest Telephone’s IP Rights.

You agree that all rights, title and interest in and to all Intellectual Property in the Plan Services, any software or hardware used in conjunction with the Plan Services, and any materials provided in connection with the Plan Services are owned exclusively by Southwest Telephone or its licensors. Except as expressly provided herein, the limited license granted to You under the Plan Services does not convey any ownership or other rights, express or implied, in the Plan Services, any materials provided in connection with the Plan Services, or in any Intellectual Property.

C. Use and Disclosure of Intellectual Property.

You represent, warrant, covenant and agree that You shall not disclose or use any of the Intellectual Property in the Plan Services, any software or hardware used in conjunction with the Plan Services, or any marketing materials for any purpose following termination of the Plan Services or the limited license granted thereunder to use the Plan Services. You further represent and warrant that neither You nor any End User shall reverse engineer, disassemble or decompile any prototypes, software or other tangible object which embody Southwest Telephone’s Intellectual Property.

D. New Versions of the Software

Southwest Telephone, in its sole discretion, reserves the right to add, remove, or modify features or functions, and to provide fixes, updates and upgrades to the Plan Services without notification to you. You acknowledge and agree that Southwest Telephone has no obligation to make available to You any subsequent versions of the Plan Services; provided, however, Southwest Telephone shall make available to You any such features, functions, fixes, updates and upgrades and subsequent versions of the Plan Services that Southwest Telephone makes generally available at no additional charge to customers who subscribe to the same edition of the Plan Services purchased by You. In addition, You and Southwest Telephone acknowledge that no third-party has any obligation whatsoever to furnish maintenance or support services with respect to the Plan Services and that Southwest Telephone is solely responsible for the provision of maintenance and support as provided in these TOS and to the extent such maintenance and support is required under applicable Law.

E. Publicity Rights

You agree that Southwest Telephone may identify You as a user of the Plan Services in its business deals, press releases, marketing materials, electronic, printed, and broadcast advertising, newsletters, mailings, tradeshows, other promotional materials, on Southwest Telephone’s website, or any other third-party website where Southwest Telephone or its designated agents may promote the Services. You hereby grant Southwest Telephone and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display Your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.

Indemnification

To the maximum extent permitted by applicable Law, You shall indemnify and hold harmless, individually and collectively, Southwest Telephone, its affiliates, agents, resellers, and other providers who furnish goods and services to You in connection with the Services, and their officers, directors, managers, employees, and shareholders (the “Indemnified Parties“) from and against any and all liability, claims, losses (including loss of profits, revenue and goodwill), damages, fines, penalties, injuries to persons or property, costs, and expenses (including reasonable attorneys’ fees and dispute resolution expenses) arising from or related to: (i) the use of or reliance upon the Plan Services by You or any third party acting with Your permission, knowledge, authority or direction; (ii) a breach of these TOS by You, or any End User; (iii) any negligent acts, omissions to act or willful misconduct by You or any third party acting with Your permission, knowledge, authority or direction; (iv) the inability to use the Plan Services or failure or outage of the Plan Services for any reason, including but not limited to those related to calling, “911” or other emergency responders; (v) the use of the Plan Services in connection with a violation of any applicable law, code, regulation, or ordnance; or (vi) the misappropriation, breach, violation, or infringement of any right, title or interest of any third party, including but not limited to, contractual rights, Intellectual Property rights, rights of privacy, and rights of publicity and personality.

Limitation of Liability

A. Consequential Damages

IN NO EVENT SHALL SOUTHWEST TELEPHONE BE LIABLE TO YOU OR ANY THIRD PARTY FOR COSTS OF PROCUREMENT, COVER, OR SUBSTITUTION GOODS OR SERVICES; LOSS OF USE, DATA, EQUIPMENT, PRODUCTS, BUSINESS OPPORTUNITIES, OR PROFITS; INTERRUPTION OF BUSINESS; TRANSACTIONS ENTERED INTO OR NOT ENTERED INTO; OR SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, REPUTATIONAL, OR PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF SOUTHWEST TELEPHONE HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF – OR COULD HAVE FORESEEN — SUCH COSTS, LOSSES, OR DAMAGES.

B. Direct Damages Cap

EXCEPT AS SET FORTH BELOW, SOUTHWEST TELEPHONE’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE PLAN SERVICES FEES PAYABLE HEREUNDER DURING THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE DATE OF THE EVENT(S) GIVING RISE TO THE LIABILITY. THE LIMITATION OF LIABILITY SET FORTH IN THIS SUB-SECTION DOES NOT APPLY TO: (i) LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (ii) YOUR LIABILITY ARISING FROM YOUR ACTUAL OR ALLEGED BREACH OF SECTIONS 1 (OPERATION AND LIMITATIONS OF THE Southwest Telephone 911 SERVICE), 5 (USE POLICIES), 6 (NUMBER POLICIES), OR 3 (CUSTOMER SECURITY POLICY) OF THESE TOS.

C. Scope and Exceptions

THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION ENTITLED (LIMITATION OF LIABILITY):

I. SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW,
II. SHALL NOT DISCLAIM, LIMIT, OR CAP CUSTOMER’S OBLIGATION TO PAY ANY FEES OR CHARGES OR OTHER AMOUNT OWED TO SOUTHWEST TELEPHONE OR ANY DAMAGES TO WHICH Southwest Telephone IS ENTITLED UNDER APPLICABLE LAW FOR INFRINGEMENT OF IP RIGHTS,
III. REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES, AND
IV. SHALL SURVIVE TERMINATION OR EXPIRATION OF THE PLAN SERVICES AND APPLY IN ANY AND ALL CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION IN THE EVENT OF ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY PROVIDED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLAN SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND Southwest Telephone MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR OTHERWISE. SPECIFICALLY AND WITHOUT LIMITING THE FOREGOING IN ANY WAY, Southwest Telephone SPECIFICALLY DISCLAIMS ANY WARRANTY: (i) THAT ANY PRODUCT WILL MEET ANY PARTICULAR REQUIREMENTS; (ii) THAT ANY PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DEFECTS IN ANY PRODUCT WILL BE CORRECTED; OR (iii) RELATING TO THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF YOUR OFFICE PLAN, ANY ACCOUNT, OR ANY PRODUCT OR ANY CUSTOMER COMMUNICATIONS, DATA, INFORMATION, OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF ANY OF THE FOREGOING. THE PARTIES AGREE, AND IT IS THEIR INTENTION, THAT IN NO EVENT SHALL ANY WARRANTY PROVIDED BY LAW APPLY UNLESS REQUIRED TO APPLY BY APPLICABLE STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. TO THE EXTENT THAT SOUTHWEST TELEPHONE CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT Southwest Telephone CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Termination

A. Monthly Plan Customers.

For monthly plan customers, You may cancel or terminate Your use of the Plan Services with or without cause at any time by calling customer service at 888-368-9283, subject to the restrictions and fees provided in these TOS, and any additional agreements governing the products or services.

B. Annual Plan Customers.

For annual plan customers, You are purchasing the Plan Service for the full length of the applicable Term. You have thirty (30) days from the date of purchase for a prorated refund. After thirty (30) days, if You terminate the Plan Services prior to the end of Your Term, subject to applicable Law, You are responsible for all charges for any remaining time left on the Term as if You remained a customer through the end of the then-current Term, including, without limitation, outstanding charges, unbilled charges, Taxes, and fees, including any applicable disconnection fee. In addition, You will not be entitled to a refund for any unused portion of prepaid Term charges.

C. Generally.

You understand and agree that Southwest Telephone may at any time, and without additional notice to You, terminate, modify, suspend, disconnect, discontinue, or block access to some or all of the features of the Plan Services if :

I. Southwest Telephone determines or reasonably suspects that You have materially breached these TOS;
II. Southwest Telephone determines that You have created or caused to be created multiple free accounts;
III. Southwest Telephone determines that You have used a fraudulent credit card to pay for Service charges on Your Account;
IV. Southwest Telephone determines that You have verbally insulted, abused, or harassed any of its employees, contractors, agents, or other representatives;
V. You did not or will not reasonably comply or cooperate with any applicable Law or regulation, or Southwest Telephone is made aware of allegations of the same;
VI. Southwest Telephone is ordered by law enforcement or other government agencies to suspend or terminate Service to Your Account;
VII. You bring any legal action or proceeding, including without limitation in any court, regulatory, or administrative body, arbitral body, or mediator, against Southwest Telephone, or participate in any class action lawsuit against Southwest Telephone;
VIII. Except to the extent prohibited by applicable Law, You file a petition in bankruptcy or if a petition in bankruptcy is filed against You and such petition is not dismissed within thirty (30) days after the effective filing date thereof, or a trustee or receiver is appointed over any of Your relevant property;
IX. Southwest Telephone determines that such action is necessary to protect, maintain, or improve the Services; to prevent fraud or misrepresentation by affirmative acts and/or omissions; to protect Southwest Telephone, its customers, or other third parties affiliated with Southwest Telephone; or for any other good cause;
X. You violate applicable Law; or
XI. As otherwise contemplated by these TOS.

Upon any termination or suspension of Your Account, Southwest Telephone may immediately deactivate or delete Your Account and all related information and files in Your Account and/or restrict any further access to such files, information, or the Plan Services.

Southwest Telephone shall not be liable to You or any third party for any reason for terminating or suspending Your use or access to the Plan Services.

If You or Southwest Telephone terminate or suspend Your right to use the Services, You shall not be entitled to any refund or pro ration of any pre-paid amounts, Account Credits, or other amounts paid to Southwest Telephone prior to the termination or suspension date.

Change

A. Service Changes

You understand and agree that Southwest Telephone may make upgrades or changes to the Services which will not materially diminish the functionality of the Services without prior notice to You. In the event that a change to the Services would, in Southwest Telephone’s reasonable discretion and judgment, permanently and materially diminish or impair the functionality of the Services (a “Change”), and such Change is unacceptable to You, You may terminate the Services without penalty within thirty (30) days of becoming aware of the Change by calling Southwest Telephone at 888-368-9283. Any use of the Services after the suchdate will be deemed Your acceptance of the Change.

B. Future Changes to these TOS

We may change the terms of these TOS from time to time upon delivery of electronic or written notices to You. Southwest Telephone generally provides written notice of changes to Your account, including these TOS and any other legal agreements, via email, electronic notice on the Southwest Telephone Website or Your Account Page, or on Your billing statements, or as otherwise required by applicable Law. You agree to carefully read and review each such e-mail notice, electronic notice, and billing statement from Southwest Telephone fully regarding any such notices of changes to Your Account.

Subject to applicable Law, the modified terms shall replace and supersede all previously agreed to electronic and written terms, as well as any prior versions of these TOS and become binding on You on the later of the date they are posted on the Southwest Telephone website (www.SWTel.com) or as otherwise indicated in the notice to You. You agree that You are solely responsible for: (i) making sure that Your registered email account is current and functional: (ii) checking Your registered email account regularly; (iii) checking the Southwest Telephone Website and Your Account page regularly; and (iv) making sure that Southwest Telephone communications are not blocked or rendered undeliverable by You, Your computer, any software installed on Your computer, Your Internet service provider, or for any other reason. Continued use of the Plan Services will constitute Your acceptance of the modified terms. If the terms of these TOS are amended and You do not wish to accept the modified terms, You may terminate these TOS as provided for in Section 19 entitled “Termination”.

C. Promotional Services

You acknowledge and agree that in the event that Southwest Telephone offers or provides You discounts or promotional services for Your Plan Services or an Account, Southwest Telephone may terminate or modify the scope of such promotional services at any time without notice, unless Southwest Telephone specifically agrees otherwise in writing in connection with its provision of the discounts or promotional services.

End User License and Restrictions

A. Limited License.

B. Southwest Telephone’s IP Rights.

C. Use and Disclosure of Intellectual Property.

D. New Versions of the Software

E. Publicity Rights

Pursuant to the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) (the “DMCA”) upon good faith belief that copyrighted content transmitted via Southwest Telephone is infringed, the copyright owner or its agent may send Southwest Telephone a notice requesting removal of the infringing content or blocking access to it. Also, the DMCA allows a party against whom a notice of copyright infringement has been filed to submit a counter-notice. Notices and counter-notices must meet the then-current statutory requirements implemented by the DMCA. Notices and counter-notices may be sent to Southwest Telephone’s registered copyright agent at the following postal address or optionally our email address:

Southwest Telephone, Inc.
8275 S. Eastern Ave, Suite 200,
Las Vegas, NV 89123
USA
legal@SWTel.com

The notice must include: (i) an electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work; (ii) a description of the copyrighted work that is claimed to have been infringed upon; (iii) information reasonably sufficient to permit Southwest Telephone to locate the copyrighted work; (iv) address, telephone number, and e-mail address of the owner of the copyrighted work; (v) a statement by the owner of the copyrighted work or its agent asserting good-faith belief that the use in question is not authorized by the copyright owner, its agent, or the Law; and (vi) a statement by the owner of the copyrighted work or its agent, made under penalty of perjury, that the foregoing information in the notice is accurate and affirming ownership of the copyright or authorized to act on the copyright owner’s behalf.

Any notice or counter-notice must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. Parties should seek the advice of legal counsel before submitting a notice or counter-notice. Upon receipt of the notice, Southwest Telephone may make a good faith attempt to transmit the notice to the party who has transmitted or received the allegedly infringing copyrighted work, and to transmit any counter-notification to the complaining party. Southwest Telephone may, at its sole discretion, suspend, terminate, or disconnect ’s access to and use of the Plan Services or Account if it is deemed that such party has engaged in more than one instance of copyright infringement.

Service and Promotional Communications

A. Erroneous Product Information

In its marketing, advertising, offering, and sale of the Plan Services, Southwest Telephone attempts to describe the Plan Services as accurately as possible. Nevertheless, Southwest Telephone does not warrant that any such information about Plan Services, including related software and hardware, is accurate, complete, reliable, current, or error-free. It is possible that such may be inaccurate or out-of-date, such as listing erroneous or out-of-date pricing information or referring to services or features that are no longer available. Such information is provided only for customers’ convenience and is not part of these TOS, any agreement for the purchase of Plan Services, or any other agreement with Southwest Telephone.

B. Southwest Telephone Communications

You agree that Southwest Telephone may send, or have sent, to You, Account Administrators, contacts, and/or End Users Service Communications, and Marketing Communications. Southwest Telephone shall not send Marketing Communications to You or Your End Users without providing prior notification and the right to opt out. You hereby consent to Southwest Telephone’sdistribution of Service and Marketing Communications in accordance with this Sub-Section 15(B) entitled “Southwest Telephone Communications”. In the event that You or any End User provides Southwest Telephone with any feedback, answers, ideas, comments, or other information in connection with any of the foregoing communications, You hereby grant Southwest Telephone a perpetual, irrevocable, unlimited, worldwide, fully-paid up, royalty free right and license to use the same.

C. Directory Listing Service

You acknowledge and agree that in the event that You subscribe to the Southwest Telephone directory listing service, the information that You provide in connection with such subscription (i) may be used or reproduced by, or disclosed to, third-parties and otherwise made publicly available, (ii) Southwest Telephone may not be able to have such information or listing removed, altered, updated, or corrected, and (iii) You and End Users may receive calls, messages, mailings, and other communications from third parties as a result of Your participation in the Southwest Telephone directory listing service. You represent and warrant that all information provided by You or any End User related to any subscription to the Southwest Telephone directory listing service will be true, accurate, and up-to-date and that You shall promptly update any such information in the event that it changes or becomes inaccurate. You hereby authorize and grant Southwest Telephone a worldwide, irrevocable, non-exclusive, royalty-free, fully paid-up license to use, disclose, transmit, publish, or publicize, in any medium or technology now or hereafter available, all information that You provide in connection with subscribing to, participating in, or using the Southwest Telephone directory listing service. You hereby release, discharge, and hold harmless Southwest Telephone from and against any and all liability relating to or arising from any publication or listing of information in connection with Your subscription to the Southwest Telephone directory listing service and any third party’s use of the same.

Additional Terms and Conditions for SWTel’s Global Office

If You have subscribed to Southwest Telephone’s Global Office (“RGO”), this section sets forth additional terms and conditions concerning RGO.

Additional updates or notices related to Your services in RGO countries are available at https://www.SWTel.com/contact-us/

A. Registered Address Required.

A Registered Address is required in most jurisdictions. You and Your End Users shall use the Plan Services at the Registered Address provided for the relevant Digital Line.

B. Emergency Service Limitations.

Southwest Telephone provides access to emergency calling services in many, but not all, countries in which RGO is available, allowing most Southwest Telephone Office Users to access Emergency Services (911 in the United States and Canada, 999/112 in the United Kingdom and throughout the European Union, 999/995/993 in Singapore, and any other applicable Emergency Services number). Your access may differ depending on Your location or the device You are using, and it works differently than You may have experienced using traditional wireline or wireless telephones. Access to emergency calling services in RGO countries, where available, is subject to the limitations set forth in Section 1 (Operation and Limitations of the Southwest Telephone 911 Service) above. It is strongly recommended that You have an alternative means for placing emergency calls available at all times.

C. Disclaimer of Liability for Emergency Services in RGO Countries.

You represent and warrant that You have made available and will maintain at all times traditional landline and/or mobile network telephone services that will enable users of Your Plan Services to call 911/112/999 and/or any other applicable Emergency Services number. You represent and warrant that You will not use the Plan Services in environments requiring fail-safe performance or in which the failure of the Plan Services could lead directly to death, personal injury, or severe physical or environmental damage.

Accordingly, You agree that Southwest Telephone shall not be responsible or liable for—and agree to fully, finally, and forever release, discharge, indemnify, and hold harmless Southwest Telephone from and against any claim based on, resulting from, or relating to—any acts or omissions related to the handling of, or not handling of, or response, or lack of response, to any emergency call or other communication in connection with the RGO service.

D. RGO Service Provided in Connection with Home Country Service.

Southwest Telephone will provide RGO Service to You only in connection with Your Plan Service in the Home Country. You represent and warrant that: (i) You have a presence in the Home Country and will continue to have a presence in the Home Country throughout the term of these TOS; and (ii) that Your purchase of RGO Service is in connection with Your subscription to Plan Services in the Home Country. Southwest Telephone may immediately terminate Your RGO Service if You no long have any lines or Plan Service in the Home Country.

You acknowledge and agree that all billing for the RGO service will be done in the Home Country using the Home Country’s currency. Customer agrees, at all times during the term of these TOS, to provide a billing address located in the Home Country.

You acknowledge and agree that all documentation, licenses, and services in connection with RGO Service will be provided only in English and governed by the Law of the Home Country.

E. Relationships with Local Providers.

In connection with the provision of the Global Office Services, Southwest Telephone relies on local providers to supply certain regulated communication services to you, for example (1) for the provision of local telephone numbers within local jurisdictions, (2) to enable you to place local calls within local jurisdictions, and (3) to enable You to receive calls from non-Southwest Telephone numbers on Your Global Office telephone number, by connecting with the local public switched telephone network. You hereby appoint Southwest Telephone as your agent and attorney, and such appointment is coupled with an interest and is irrevocable, to conclude and enter into agreements with Local Partners on your behalf to obtain such services from the local provider.

Compliance with the terms of this Agreement is essential to legally obtaining Global Office services. You represent and warrant at all times that you shall not do or omit to do anything which may cause Southwest Telephone to breach or violate any applicable Law, or otherwise expose Southwest Telephone to liability.

Customer Support and Feedback

If You have a customer support issue, You may visit https://www.SWTel.com or open a case with Southwest Telephone Global Customer Care (“Customer Care”) at https://www.SWTel.com. Any End User contacting Customer Care may be required to provide certain verifying information (e.g., the answer to a security question on file) to receive support from Customer Care, and Customer Care may limit the level of support that it will provide or scope of information that it will disclose or confirm to any inquiring End User based on the scope of his or her Account rights or permissions.

A. Basic Customer Support Services

Southwest Telephone will make basic customer support available to its customers via its call center, which will be available to attempt to resolve technical issues with and answer questions regarding the implementation or use of the Plan Services. Basic customer support services shall not include, and Southwest Telephone shall have no obligation hereunder to perform, any of the following: (i) on-site support; (ii) implementation of any software or hardware; (iii) configuration of any device; (iv) dedicated representative support; or (v) network or third party equipment support.

For clarity, any customer with more than two hundred fifty (250) employees shall be responsible to provide Helpdesk support to End Users. Helpdesk support (hereinafter “Helpdesk”) means the logging of calls, managing End User’s relations and answering initial inquiries including technical questions about the Plan Services that require an explanation of a feature, function, error message, installation or system administration. The Helpdesk support will be responsible to take and evaluate a reported technical issue, resolve any issue within its control, and when unable to fix the problem, may route the issue to Southwest Telephone. Helpdesk will act as the interface between Southwest Telephone and the End Users. Southwest Telephone may require customer’s Helpdesk support personnel to complete a series of training courses on Southwest Telephone’s products.

B. Premium Customer Support Services

Additional premium customer support services are available to customers who have at least two hundred fifty (250) employees, at an additional cost and subject to additional terms and conditions related to Southwest Telephone’s professional services. Please contact your sales representative or Customer Care to inquire about implementation services or premium support services.

C. Customer Support Surveys and Feedback

From time to time, Southwest Telephone may send its customers surveys, comment cards, customer satisfaction forms, or other requests to provide feedback. You hereby grant Southwest Telephone, its licensors, and suppliers a perpetual, unlimited, worldwide fully-paid up, royalty free license to use all feedback, answers, ideas, comments, or other information You provide to Southwest Telephone in response to any such requests.

Account Disputes

The Account owner shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Plan Services with Southwest Telephone. If no legal entity is provided upon sign-up, the Account owner shall be the owner of the credit card used to open the Account. Subsequent changes to ownership must be supported by appropriate legal documentation.

A. Account Disputes

You agree that in no event shall Southwest Telephone be obligated to – and in no event shall You request that Southwest Telephone – participate in or act as the arbiter, adjudicator, or intermediary with respect to any claim or dispute relating to the ownership or control of, or rights relating to, Your Plan Services, any Account, any numbers assigned to an Account, or any Account Data or other information related to an Account or Your Plan Services (“Account Ownership Disputes”). In the event of any Account Ownership Dispute, Southwest Telephone is authorized to take any course of action that it deems to be appropriate, including without limitation declining to take any action.

B. Access to Account Data or Customer Communications

As permitted or required by Law, Southwest Telephone may access, monitor, use or disclose Your Account Data, Customer Communications, and/or Customer Personal Information for the purposes including but not limited to (i) comply with the Law or respond to lawful requests or legal process; (ii) protect the rights or property of Southwest Telephone, Southwest Telephone’s agents, Southwest Telephone’s Affiliates, Southwest Telephone’s customers, and other third-parties including to enforce Southwest Telephone’s agreements, policies and terms of use; (iii) respond to emergencies; (iv) initiate, render, bill, and collect for services; or (v) facilitate or verify the appropriate calculation of Taxes, fees, or other obligations due or pursuant to a local, state, provincial, federal, or foreign government requirement.

C. Release

You agree to release, discharge, and hold harmless Southwest Telephone from and against any and all liability relating to or arising from their acts or omissions related to any Account Ownership Dispute or in seeking to comply with any Law or any Legal Process.

Southwest Telephone and HIPAA

A. No Storage of Personal Health Information.

You acknowledge and agree that the use of Plan Services other than on the HIPAA Conduit Setting as described in Section B are not designed, intended, or recommended for use as a repository or means by which to store “protected health information,” as defined under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and similar legislation in other jurisdictions, and the regulations promulgated pursuant thereto (such laws and regulations, “HIPAA”; such information, “PHI”) on a non-temporary basis, and You represent and warrant that neither Your Plan Services nor any ancillary product or service that is a part thereof will be used for such purpose. Southwest Telephone SPECIFICALLY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT YOUR PLAN SERVICES, THE ACCOUNT(S), OR THE PRODUCTS (OR THE USE OF ANY OF THE FOREGOING BY ANY PARTY) COMPLIES OR WILL COMPLY WITH HIPAA OR ANY OTHER LAW OR WILL RENDER ANY PARTY COMPLIANT WITH HIPAA OR ANY OTHER LAW.

B. Operation of Southwest Telephone HIPAA Conduit Setting; Consequences of Activation

Southwest Telephone offers a HIPAA Conduit Setting for its United States based customers. You acknowledge that:

I. activation of the Southwest Telephone HIPAA Conduit Setting may result in automatic and permanent deletion from the applicable Account(s) of Customer Communications that are stored in those Account(s) and that are thirty (30) or more days old;
II. if any Customer Communications that are thirty (30) or more days old are currently stored in the applicable Account(s), they may be permanently deleted from such Account(s), and such deletion may occur as soon as immediately after activation of the Southwest Telephone HIPAA Conduit Setting;
III. the deletion functions described above may permanently delete Customer Communications such that they are not retained by Southwest Telephone in any form (including on any back up or disaster recovery system); and
Ⅳ. the HIPAA Conduit Setting will disable attachment of voicemail, SMS, and facsimile/internet facsimile messages to message notification emails sent by Southwest Telephone in connection with any such Accounts.
Ⅴ. The HIPAA Conduit Setting will disable message notification emails of any Glip messages.

C. Release.

You hereby release, discharge, and hold harmless Southwest Telephone from and against any and all liability relating to or arising from its acts or omissions in accordance with this Section entitled “Southwest Telephone and HIPAA.”

Data Privacy, Access, and Retention

A. Data Privacy

The Parties acknowledge and agree that: (i) Southwest Telephone’s role with respect to any personal identifiable information You or Your End Users transmit, receive, and/or store through the Plan (“Customer Personal Data”) is governed by the Southwest Telephone Privacy Notice.

B. Disclaimer of Data Storage Responsibilities

You acknowledge and agree that: (i) neither Southwest Telephone nor any Southwest Telephone affiliated entity or third-party service provider shall have any obligation to store, retain, back-up, or ensure the availability of any stored Customer Communications, Customer Personal Data or Account Data; (ii) to the extent that You wish to retain any Customer Communications, Customer Personal Information or Account Data or other information relating to Your Plan Services or Your Account(s), You shall ensure that such information is downloaded, saved, and/or backed-up outside of Your Plan Services or Account(s), as necessary or appropriate for Your and/or the End Users’ purposes; (iii) You shall not rely on Your Plan Services or Account(s) as a repository for or means by which to retain, store, or back-up Customer Communications, Customer Information Data or Account Data or any other data, information, or materials; (iv) Southwest Telephone may delete or purge any and all copies and versions of any stored Customer Communications, Customer Personal Information or Account Data or other data at any time, without notice, including without limitation after You delete any such information from an Account or after termination of the TOS or closure of an Account; and (v) Southwest Telephone may, in its sole discretion and option and without notice, implement reasonable limits as to the size or duration of storage of Customer Communications, Customer Personal Information or Account Data.

C. Access to Data

You and Your End Users can obtain any stored Customer Communications, Customer Personal Information or Account Data with Your login credentials in the relevant Southwest Telephone Administrative or Customer Portal. You acknowledge and agree that, notwithstanding anything to the contrary in these TOS, Neither Southwest Telephone nor any Southwest Telephone affiliates nor third-party service provider: (i) shall have no obligation to access, view, listen to, watch, or review any stored Customer Communications, Customer Personal Information or to perform any task or undertake any role that would entail or require any of the foregoing; (ii) may not have access to stored Customer Communications, Customer Personal Information or Account Data, or such access may be incomplete, limited, restricted, or subject to certain conditions; and (iii) Southwest Telephone, its affiliates and third-party service providers’ shall have the right to limit, restrict, condition, or eliminate the ability of any party to access any stored Customer Communications, Customer Personal Information or Account Data in its sole discretion and without notice.

You acknowledge and agree that the Plan Services do not include the performance of any of the following tasks or work by Southwest Telephone, and in no event shall Southwest Telephone be obligated under these TOS to perform any of the following tasks or work: (i) the investigation, access, correction, alteration, gathering, compilation, review, verification, or production of any Account Data, Customer Communications, or any other records, documents, information, or evidence related to You or Your Plan Services or transmitted, received, or stored through an Account; (ii) the provision of legal or other counsel; or (iii) the provision of assistance, cooperation, or information beyond that which is directly and specifically related to Southwest Telephone’s fulfillment of its obligations under these TOS or pursuant to applicable law.

For the avoidance of doubt, except as provided herein or required by Law, Southwest Telephone is not obligated to: (i) determine, prove, or disprove any fact or claim; (ii) pursue or defend against any claim, allegation, action, lawsuit, demand, or proceeding; (iii) substantiate any party’s compliance with any Law or Legal Process; (iv) respond to or comply with any request or demand; (v) identify any party; or (vi) conduct any surveillance.

D. Export of Data

You acknowledge and agree that: (i) any stored Customer Communications, stored Customer Personal Information or Account Data, or other information or materials that You export will not be under Southwest Telephone’s control and will not be subject to or protected by Southwest Telephone’s security controls; (ii) linking or integrating Your Plan Services or Accounts(s) to or with any external service, environment, account or repository (including without Dropbox, Box, Google Drive™, and OneDrive^®) constitutes such exportation and Southwest Telephone shall have no responsibility for, and makes no representation or warranty regarding, the security, privacy, or functionality of any such linked or integrated external service, environment, account or repository. You any Your End Users, as applicable, shall comply with all applicable Law relating to the use, disclosure, access, or export of data from Your Account(s).

E. Release.

Billing and Payment

A. Plan Services Fees.

The initial Order sets forth the base recurring fees for the Plan Services and the number of minutes of inbound Usage of any toll-free number(s) assigned to an Account, if any, that are included in the Plan Services Fees for each monthly billing cycle. Any applicable initiation charges, monthly recurring charges, support charges, Taxes, and other fees are billed in full in advance. Termination, Usage, international minutes, equipment return fees and transfer charges, if any, are billed in arrears. Upon termination of Your Account for any reason, all unused Account Credits shall expire in their entirety on the termination date. No refund, transfer or proration shall be made of any unused Account Credits.

B. Taxes and Fees.

All fees for Services advertised or otherwise listed on the Southwest Telephone website are exclusive of any Taxes. You agree to pay all Taxes and similar liabilities that may now or hereafter be levied on the Plan Services and related software or hardware by any federal, state, provincial, local, or international law or regulation, as well as any administrative and recovery fees and charges levied on the Plan Services by Southwest Telephone, whether or not mandated by law or regulation. Should Southwest Telephone pay or be required to pay such liabilities (including any Taxes that were due but not charged or previously collected), You agree that Southwest Telephone may charge Your credit card on file or invoice You, as applicable, for such payments upon receipt of an invoice and showing of indebtedness to Southwest Telephone.

C. Billing for Mid-Year Transactions

In the event that any purchase, transaction, or event involving or resulting in an annually-incurred Plan Services amount occurs subsequent to the beginning of an annual billing cycle, Southwest Telephone may at that time bill You a pro-rated amount for the remainder of the then-current cycle and thereafter bill You conterminously with each subsequent cycle.

D. Late Fees

You agree and acknowledge that time is of the essence for payment of all fees and charges. Any fees or charges not paid when due shall incur interest at a rate of the lesser of: (i) eighteen percent (18%) per annum; or (ii) the highest rate allowed by Law. Southwest Telephone’s acceptance of late or partial payments (regardless of how they are marked or designated (including without limitation as “Paid in Full,” “Accord and Satisfaction,” or similarly)) shall not waive, limit, or prejudice in any way Southwest Telephone’s rights to collect any amount due. Southwest Telephone may terminate the Plan Services these TOS for non-payment if any fees or charges are not paid within thirty (30) days of the due date.

E. Form of Payment

All fees and charges are payable to Southwest Telephone by check, ACH, Wire or credit card or debit card. You agree to be liable for a processing fee in the amount of the lesser of: (i) fifty dollars ($50.00); or (ii) the highest amount allowed by Law for any credit card chargeback or check or other payment returned for nonpayment.

When You subscribe to Plan Services, You will provide us with a payment method, such as a valid credit card or information for invoicing (if You are pre-approved by Southwest Telephone in its sole discretion to be billed via invoice, and Southwest Telephone reserves the right to revoke such approval and switch You to credit card billing in its sole discretion), and, if applicable, authorize us to collect from the payment method provided. Any authorization to charge a provided credit card will remain valid until thirty (30) days after You withdraw the authorization, or immediately upon provision of a replacement valid credit card. Upon termination of this Agreement, we will charge You any fees and any other outstanding charges and disconnect Your service. You agree to advise and notify us of any changes to Your payment method, such as credit card account number or expiration date changes. If the credit card or other payment method on Your Account is declined or fails for any reason, Southwest Telephone will use reasonable efforts to contact You and advise You of the failed billing attempts. Notwithstanding the foregoing, Southwest Telephone reserves the right to disconnect Your Service and terminate Your Account if Your payment method is declined or fails for any reason, or if You withdraw authorization to charge a valid credit and do not provide an alternative payment method, and Southwest Telephone reserves the right to continue to attempt charging Your credit card for any outstanding Service charges and additional fees and pursue any other legal remedies available to Southwest Telephone.

F. Disputed Amounts

You will waive the right to dispute any billed amount if You do not dispute such amount within thirty (30) days of the date of its billing. If You fail to provide a written statement explaining in reasonable detail Your reasons for disputing the charge within such time period, You hereby irrevocably waive any objection and further recourse with regard to such charges. In the event that You timely dispute a billed amount and Southwest Telephone confirms that You were over-billed, Southwest Telephone shall credit the applicable Account in the amount of the over-billing (“Billing Credits”). Billing Credits shall be Southwest Telephone’s sole and exclusive obligation and Your sole and exclusive remedy with respect to any erroneous billing.

Notwithstanding the foregoing, if You request that Your bank or credit card company perform a chargeback or decline to process a check without first contacting Southwest Telephone to dispute the charge, and Southwest Telephone subsequently determines that the charges at issue are not erroneous, Southwest Telephone reserves the right to terminate Your Account immediately and take any available legal action.

You are solely liable for any transactions or usage on Your Account, whether by You, any End User, or any other user of Your Plan Services, and in no event shall Southwest Telephone be liable for any unauthorized use of Your Account.

Charges and Plan Credits

Please note that all prices, Taxes, surcharges, and fees are subject to change at any time, except to the extent such charges are set by agreement between You and Southwest Telephone for a specified term. You are responsible for paying all charges for Your Account, including but not limited to toll -free, local, long distance, international minutes, additional feature charges, 411 and operator assisted charges, directory assistance charges, and for all Taxes, surcharges, and fees imposed on Your Account or us as a result of Your use of the Plan Service. Customers with a past due balance on previous or multiple accounts will be charged the full balance, including but not limited to any Taxes or Fees as defined in this TOS, any late fees, service change fees, and fees for chargebacks or returned checks, upon opening a new account or updating their credit card information on file.

A. Charges and Plan Credits

Southwest Telephone offers several different plan options for Plan Service. You may change Your Plan Service plan at any time; however, a one-time processing fee of ten dollars ($10) may apply when “downgrading” an existing plan to a plan with lower monthly fees (e.g., a plan with fewer minutes and/or features). In addition, certain plans may entitle You to receive discounts on equipment used in connection with Southwest Telephone Plan Service. If You receive any equipment discounts associated with a Plan Service plan and subsequently change that plan to one that does not offer those equipment discounts, You agree to reimburse Southwest Telephone, and hereby authorize Southwest Telephone to charge Your credit card on file, or invoice You, as applicable, for such equipment discounts.

B. Service Availability

You acknowledge and agree that the products or services, including without limitation the Plan Services, may not be available one hundred percent (100%) of the time. Credit allowances for interruption of the Plan Services may only be provided on a case-by-case basis at the sole discretion of Southwest Telephone and shall be Your sole remedy for any Plan Services interruptions or other issues with the Plan Services.

C. Plan Credits and Minutes

Southwest Telephone offers several different plans for its products and services. Some of the plans provide for a fixed number of monthly usage minutes (“Plan Credits“). If You exceed Your monthly Plan Credits during the course of a Service month, You may purchase additional Plan Credits as needed. Southwest Telephone may also provide You certain bonus credit minutes and/or other promotional incentives (e.g., “tell-a-friend” credits) upon fulfillment of the applicable promotion requirements. All of the Plan Credits are quoted in terms of domestic minute usage, and may be referred to on the Southwest Telephone website or by a Southwest Telephone Customer Service representative as “minutes”. As explained below, international calling may be charged at a different rate than domestic calling, and a Plan Credit “minute” therefore will not entitle You to a minute of international calling (“International Minutes”).

D. Metered Calling Plans

Southwest Telephone offers several monthly metered plans for some of its products and services. Each metered calling plan provides You with a toll-free or local telephone number and a fixed number of Plan Credits each month for a monthly fee, excluding Taxes, surcharges, and fees. When You exhaust Your initial paid allotment of Plan Credits for Your metered plan, unless You advise Southwest Telephone otherwise in writing, Southwest Telephone will automatically bill Your Account for the smallest available bundle of Plan Credits for the applicable service. Additional minute usage will be debited at the applicable per minute rate(s) for Your metered plan. However, in some limited instances, calls placed under a metered plan may not be counted against Your monthly allotment (e.g., calls made via a local phone number to leave or check voicemail or configure a system and calls answered on the Southwest Telephone Softphone). Please check the details of Your metered plan to determine which calls (if any) are not counted against Your monthly minute allotment. For international calling, international rates will apply.

E. Unlimited Plan

Southwest Telephone offers unlimited monthly plans for some of its products and services. “Unlimited” does not refer to types prohibited by these TOS, including trunking, access stimulation, reselling of the Plan Services, etc. All unlimited plans are subject to fair usage and the terms and restrictions of these TOS. If, for any reason, Southwest Telephone believes that Your usage of the unlimited plan and services violates these TOS, then Southwest Telephone may, in its sole discretion with or without notice, either terminate Your unlimited plan, suspend the Plan Services, or immediately convert Your unlimited plan to a metered plan, as set forth above. Utilizing the Plan Services in excess of what, in SWTel’s reasonable discretion, would be expected of normal business use. SWTel classifies normal business use as seven hundred and fifty (750) minutes per session initiated protocol trunk.

F. Value, Ownership, and Expiration of Credits or Minutes

In no event shall any Toll-Free Minute, International Minute Credit, Billing Credit, Plan Credit, or any other type of credit or minute issued to You or applied to an Account (collectively “Account Credits”) have any monetary value or be exchangeable or exchanged for cash. Account Credits may be applied to only the Account for which they were purchased and/or provided, and may not be sold, transferred, assigned, or applied to any other Account, account, plan, or customer. Credited Toll-Free Minutes not applied to Usage of the applicable Account during the monthly billing cycle for which they are credited shall expire at the end of such cycle and shall in no event be available for application to Usage occurring during (or “roll over” to) any other period. Other Account Credits shall expire according to the terms of their purchase or provision.

G. Discounts

From time to time in its sole discretion, Southwest Telephone may offer promotions or discounts. Any promotion or discount codes must be provided to Southwest Telephone upon purchase of the Plan Services. You are not entitled to a subsequent credit for any promotions or discounts if You do not request the promotion or discount credit at the time of Account creation or change of service. Promotions and/or discounts may not be used cumulatively or retroactively.

Number Policies

A. Number Availability.

Southwest Telephone may make available telephone and/or facsimile numbers for Your selection and assignment to Account(s). You acknowledge and agree that Southwest Telephone’s listing of a number may be erroneous and does not constitute a representation or guarantee that such number is actually available for such assignment, and that Southwest Telephone shall be authorized to remove such number from an Account in the event that it is not actually available.

B. Number Porting Policy

I. Federal Porting Law. Number porting is defined and regulated by the FCC in the United States, and by CRTC in Canada.
II. Number Port-In Request Procedures. In order to request the porting of a telephone or facsimile number into an Account, the Account Administrator for the Account into which You wish the telephone or facsimile number to be ported must log in to the Admin Portal for such Account and complete all steps and provide all information requested as part of the number port-in request process (which may include without limitation providing an executed Letter of Agency) or as otherwise requested by Southwest Telephone. In addition, if You wish to port into an Account more than 100 telephone or facsimile numbers from the same third party service provider account, You must contact Southwest Telephone’s Project Porting Department at support@SWTel.com and comply with their instructions.
III. The Number Porting Process. In order to request the porting out to another services provider of a telephone or facsimile number currently assigned to an Account, You must follow the instructions specified by that services provider and must provide all information and cooperation requested by the relevant other services providers, Southwest Telephone, or any other relevant third party. You acknowledge and agree that: (i) the porting of telephone or facsimile numbers into or out of an Account requires Your provision of specific and detailed information to Southwest Telephone and/or third parties (including without limitation other services providers) and completion of certain steps and procedures, as well as third parties’ completion of certain steps; and (ii) numbers may not be ported into or out of an Account unless and until You are able to provide certain specific information that matches other information on record with Southwest Telephone or other services providers. For these and other reasons, the completion of any number port request and the timing of and date by which any such request may be completed depend on a number of factors outside of Southwest Telephone’s control, including without limitation the acts and omissions of both You and third parties, including without limitation other services providers.
IV. Unauthorized Port Outs. You acknowledge and agree that telephone or facsimile numbers may be ported out from Your Plan Services or an Account due to acts or omissions of third parties, and it may be difficult or impossible for Southwest Telephone to: (i) prevent such port-outs: (ii) retrieve numbers ported-out of an Account; or (iii) port such numbers back into an Account. Southwest Telephone has no responsibility or liability due to such port-outs.
V. Accurate Porting Information. You agree, represent and warrant that all information or representations provided in connection with any request to port in or port out numbers (including without limitation any information or representations in any Letter of Agency) by You, any User or End User, or any party acting on behalf of, at the direction or request of, or with the permission or knowledge of any of the foregoing shall be true, accurate, and up-to-date.
VI. Customer Compliance with Porting Laws. You acknowledge and agree that the porting of numbers is subject to telecommunications and other Laws and may be subject to third party terms and conditions. You agree, represent, and warrant that neither You; nor any User or End User; nor any party acting on behalf of, at the direction or request of, or with the permission or knowledge of any of the foregoing will at any time: (i) violate any applicable Law or engage in any fraudulent or deceptive conduct in its porting-related requests or activities; (ii) engage in or facilitate “slamming” or the porting out of any telephone or facsimile number or change or attempt to change any party’s telephony service provider without first obtaining the proper, requisite consents and authorizations; or (iii) violate contractual or other obligations to service providers or other third parties.
VII. Release of Numbers. You acknowledge that in the event of account termination or cancellation, all telephone numbers associated with Your Account, which have not previously been ported to another provider, may be released. Similarly, the cancellation of individual lines may result in the release of the related numbers if those numbers have not previously been ported to another provider. You acknowledge that You are solely responsible for working with a third-party provider to port out any numbers prior to termination or cancellation of Your Account or Plan Services, or any individual line.

C. Number Publication by Customer

Neither You nor any End User may publicize, list, or communicate any number that You believe to be assigned to Your Plan Services or Account(s), or purchase or invest in any materials or media reflecting any such number unless and until You have verified that such number(s) is(are) active and functioning as desired, including without limitation by test calling such number(s) from a non-Southwest Telephone service plan and verifying that the fees and charges that will be incurred in connection with use of such number(s) are acceptable to You.

Use Policies

A. High Risk Use

YOU ACKNOWLEDGE THAT THE PLAN SERVICES ARE NOT DESIGNED, MANUFACTURED, INTENDED, OR RECOMMENDED FOR USE FOR ANY HIGH-RISK OR FAIL-SAFE PURPOSE OR ACTIVITY OR IN ANY ENVIRONMENT WHERE FAILURE, INTERRUPTION, MALFUNCTION, ERROR, OR UNAVAILABILITY COULD RESULT IN SUBSTANTIAL LIABILITY OR DAMAGES, PHYSICAL HARM OR PERSONAL INJURY, DEATH OR DISMEMBERMENT, OR PROPERTY OR ENVIRONMENTAL DAMAGE. YOU REPRESENT AND WARRANT THAT YOU AND YOUR END USERS WILL NOT USE THE PLAN SERVICES FOR ANY SUCH PURPOSE OR ACTIVITY OR IN ANY SUCH ENVIRONMENT.

B. Acceptable Use

YOU SHALL NOT USE THE PLAN SERVICES FOR ANY ILLEGAL, FRAUDULENT, IMPROPER, OR ABUSIVE PURPOSE OR IN ANY WAY THAT INTERFERES WITH Southwest Telephone’S ABILITY TO PROVIDE HIGH QUALITY SERVICES TO OTHER CUSTOMERS, PREVENTS OR RESTRICTS OTHER CUSTOMERS FROM USING THE SERVICES, OR DAMAGES ANY Southwest Telephone’S OR OTHER CUSTOMERS’ PROPERTY.

A breach of obligations in this Section 5 (Use Policies) constitutes a material breach of these TOS, such that Southwest Telephone may suspend service, terminate the Agreement immediately, or take any other action Southwest Telephone deems necessary to provide the Plan Services to you and others; to protect you, the Plan Services, and the Southwest Telephone networks; and to enforce the terms of this Section.

Neither You nor any End User may use or allow use of the Plan Services in any of the following ways:

(i) Illegal or inappropriate behavior. Using the Plan Services in any manner that is in violation of applicable Law, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another’s privacy.
(ii) Distracted driving. You are responsible for the safe use of the Plan Services for any End User accessing Your account. You shall require the End Users of Your Plan Services to become familiar and comply with all local laws before using a wireless device and mobile applications while operating a motor vehicle. Never text or use text-based messaging (including Glip) while driving. For more information see www.nhtsa.gov (click on “Driving Safety” then on “Distracted Driving”).
(iii) Spamming. Sending messages or advertisements, including email, voicemail, SMS, or faxes, without the consent of the recipient or otherwise in violation of applicable Law.
(iv) Blasting. Intentionally engaging in blasting or broadcasting bulk communications, advertisements, or messages, including without limitation through email, voicemail, SMS, facsimile, or internet facsimile, except where expressly permitted herein.
(v) Harvesting information. Harvesting or otherwise collecting information about others, including email addresses, without their consent or in breach of applicable data protection or privacy laws.
(vi) Auto-dialing. Performing auto-dialing or ‘predictive’ dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls) in violation of applicable Law, or in an excessive or otherwise abusive manner (as Southwest Telephone may determine in its discretion).
(vii) Transmitting viruses. Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.
(viii) ID spoofing. Creating a false Caller ID identity (“ID spoofing”) or forged email/SMS addresses or headers, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Plan Services.
(ix) Infringement of rights. Transmitting any material that may infringe, misappropriate, or otherwise violate the Intellectual Property rights, rights of privacy, personality, or publicity or other rights of Southwest Telephone or third parties, including but not limited to the display or use of any Southwest Telephone Mark in any manner that violates Southwest Telephone’s then-current policies on its trademark and logo usage or without Southwest Telephone’s express prior written permission, or display or use of any Third-Party Mark without the prior written permission of the third party that owns any such Third-Party Mark.
(x) Derivative Works. Undertaking, directing, attempting, causing, permitting, or authorizing the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Plan Services or any other software or hardware provided by Southwest Telephone and used in conjunction with the Plan Services.
(xi) Illegal communications. Transmitting any communication that would violate any applicable Law, or using the Plan Services to facilitate any illegal activity.
(xii) Excessive usage. Utilizing the Plan Services in excess of what, in Southwest Telephone’s reasonable discretion, would be expected of normal business use.
(xiii) Interfering with another customer’s use of the Plan Services. Using the Plan Services in any way that interferes with, disrupts, prevents or restricts other customers’ and third parties’ use and enjoyment of the services.
(xiv) Network Interference. Interfering with, or disrupting, networks or systems connected to the Plan Services.
(xv) Avoiding compliance. Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid compliance with the Agreement or applicable Law.
(xvi) Granting rights to third parties with respect to the Plan Services. Selling; reselling; distributing; leasing; exporting; importing; or otherwise granting or purporting to grant rights to third parties with respect to the Plan Services, and any software or hardware used in conjunction with the Plan Services or any part thereof without Southwest Telephone’s prior written consent.
(xvii) Unauthorized usage. Undertaking, directing, attempting, causing, permitting, or authorizing the copying, modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Plan Services or any software and hardware used in conjunction with the Plan Services, or part thereof.
(xviii) Circumvention of security measures. Defeating, disabling, or circumventing any security mechanism related to the Plan Services.
(xix) Interception. Intercepting, capturing, sniffing, monitoring, modifying, emulating, decrypting, or redirecting, any communication or data for any purpose, including, without limitation, by causing any product to connect to any computer server or other device not authorized by Southwest Telephone or in any manner not authorized in advance in writing by Southwest Telephone.
(xx) Unauthorized repair. Allowing any service provider or other third party – with the sole exception of Southwest Telephone’s authorized maintenance providers acting with Southwest Telephone’s express, prior authorization – to use or execute any software commands that facilitate the maintenance or repair of any software or hardware used in conjunction with the Plan Services.
(xxi) Unauthorized Access. Gaining access to or using (or attempting to gain access or use) any device, system, network, account, or plan in any unauthorized manner (including without limitation through password mining).
(xxii) Trunking. Engaging in or to allowing trunking or forwarding of Your Southwest Telephone telephone or facsimile number to (an)other number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
(xxiii) Traffic Pumping. Engaging on or allowing traffic pumping or access stimulation of calls through Your Plan Services or the Southwest Telephone systems.
(xxiv) Using any Southwest Telephone Mark without consent. Displaying or using any Southwest Telephone Mark in any manner in violation of the applicable Southwest Telephone Party’s then-current policies on its trade mark and logo usage or without the applicable Southwest Telephone Party’s express, prior written permission, to be granted or denied in that Southwest Telephone Party’s sole discretion.
(xxv) Using any Third Party Mark without consent. Displaying or using any Third Party Mark without the prior, written consent of the third party that owns the Third Party Mark.
(xxvi) Protected Health Information. If You qualify as a “covered entity,” “business associate,” or “subcontractor” under HIPAA or are otherwise subject to HIPAA: (1) storing protected health information (“PHI”) on a non-temporary basis, transmitting or receiving PHI; or otherwise using the Plan Services without the Southwest Telephone HIPAA Conduit setting being active and in effect.

C. Customer Legal Compliance

You represent and warrant that all use and Usage of the Plan Services, and Your Account(s), will at all times comply with all applicable Laws, including but not limited to the rules, policies and regulations of the Federal Communications Commission (“FCC”) or the Canadian Radio-Television and Telecommunications Commission (“CRTC”), as applicable, and all Laws relating to Do-Not-Call provisions; unsolicited marketing; telemarketing; faxing; email marketing; spamming or phishing; data security or privacy; international communications; account or debt collection; recording of calls or conversations; export control; export of technical or personal data; end user, end-use, and destination restrictions imposed by the United States, Canada, or foreign governments; consumer protection; pornography; trade practices; false advertising; unfair competition; anti-discrimination; harassment; defamation; intellectual property; or securities.

D. Unsolicited Advertisements and TCPA Compliance

Certain communication practices – including without limitation, the placing of unsolicited calls; the placing of commercial messages; the sending of unsolicited facsimile, internet facsimile, SMS, or other messages; and the use of certain automated telephone equipment to place certain calls – are regulated in the United States by the Federal Telephone Consumer Protection Act of 1991 (also known as the “TCPA”) (available at http://www.fcc.gov/document/telephone-consumer-protection-act-1991), the Junk Fax Prevention Act of 2005, and under a number of similar state, municipal or local laws, regulations, codes, ordinances and rules, and in Canada by the CRTC pursuant to Canada’s Anti-Spam Law (“CASL”) (available at http://laws-lois.justice.gc.ca/eng/acts/E-1.6/index.html).

You agree, represent and warrant that:

I. You are the creator of the content of, and are solely responsible for determining the destination(s) and recipient(s) of, all outbound communications made using Your Plan Services (“Customer Communication”);
II. All content, communications, files, information, data, and other content provided for transmission through Your Office Plan, and Account, or the Plan Services will be provided solely for lawful purposes, and in no event shall any Customer Communication or any content thereof be in violation of the TCPA, Junk Fax Prevention Act, CASL, or any other Law; and
III. No unsolicited advertisements, commercial messages, solicitations, marketing or promotional materials, or commercial messages or content will be transmitted or distributed in the form of facsimiles or internet facsimiles through the Plan Services.

At Southwest Telephone’s sole option and without further notice, Southwest Telephone may use technologies and procedures, including without limitation, filters, that may block or terminate such unsolicited advertisements without delivering them.

You agree to indemnify and hold harmless Southwest Telephone, and any third-party provider(s) from any and all third party claims, losses, damages, fines, or penalties arising: (i) out of Your violation or alleged violation of the TCPA, Junk Fax Prevention Act, CASL, or any similar regulation or legislation; or (ii) otherwise related to any voicemail, text, and/or fax spam, solicitations, or commercial messages that You may send and/or receive using the Plan Services.

E. Export Restrictions

You acknowledge and agree that the software and/or hardware used in conjunction with the Plan Services may be subject to Canada, United States and other foreign Laws and regulations governing the export, re-export, and/or transfer of software by physical or electronic means. You agree, represent, covenant, and warrant that: (i) neither You nor any End User (nor any entity or person that controls You or any End User): (a) is located in an Embargoed Area or listed on any Export Control List or (b) will export or re-export any Southwest Telephone software or hardware into any Embargoed Area or to any person, entity, or organization on any Export Control List, or to any person, entity, or organization subject to economic sanctions due to ownership or control by any such person, entity, or organization, without prior authorization by license, license exception, or license exemption; and (ii) the Plan Services and Southwest Telephone software and/or hardware will not be Used or accessed from any Embargoed Area.

F. Recording Conversations or Calls

Certain features of the Plan Services may allow You or users of the Plan Services to record calls or other communications. The notification and consent requirements relating to the recording of calls, and/or other communications may vary from state to state, province to province, and country to country. You should consult with an attorney prior to recording any communication, as some jurisdictions may require the prior consent of all parties to a recorded communication. You represent, covenant, and warrant that You will review all applicable Laws before You use or allow use of the Plan Services to record any communications and will at all times comply with all applicable Laws. You agree to inform all users of Your Account that they are obligated to comply with all Laws relating to their use of the call recording feature. Violations of call recording Laws may be subject to criminal or civil penalties.

Southwest Telephone expressly disclaims all liability with respect to Your recording of telephone conversations. You agree to indemnify and hold harmless Southwest Telephone, and any third-party provider(s) from any and all third party claims, losses, damages, fines, or penalties arising out of Your violation or alleged violation of any call recording Laws. Southwest Telephone expressly disclaims all liability and all warranties with respect to recording of conversations and/or calls.