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Terms of Service

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Table of Contents
1. 808NetFone Subscriber Agreement
2. Service Description
3. Service Requirements
4. Service Term
5. 911 Emergency Dialing
6. Other Service Distinctions
7. Use of Service
8. Cancellation of Service by You or Wavecom Solutions
9. Billing and Payment for Service
10. Indemnification
11. Limitation of Liability
12. Warranties
13. Dispute Resolution by Binding Arbitration
14. Miscellaneous
 

7. Use of Service

a. Lawful, Non Fraudulent Use of Service and ATA
Wavecom Solutions allows up to two 808NetFone ATAs per location. You agree to use the Service and ATA(s) only for lawful purposes. You will not use the Service or ATA for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers; or (2) avoids your obligation to pay for communication services. If Wavecom Solutions has reason to believe that you or someone else is abusing the Service or using it fraudulently or unlawfully, we can immediately suspend, restrict, or cancel the Service without advance notice. If you remove the ATA to a country other than the United States and attempt to use the Service from there, you do so at your own risk, including the risk that such activity might violate local laws in the country where you do so. Wavecom Solutions reserves the right to terminate your service immediately and without advance notice if you violate the above restrictions, leaving you responsible for all outstanding charges, all of which immediately become due and payable.

b. Theft of Wavecom Solutions Equipment or Service
You agree to notify Wavecom Solutions immediately, in writing or by calling the Wavecom Solutions customer support line (808-791-3000), if the ATA is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the ATA theft or stolen or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you.

c. Prohibited Uses of Service
You are expressly prohibited from reselling or transferring the Service or Wavecom Solutions Equipment to any other person for any purpose, without express written permission from Wavecom Solutions in advance. In addition, you are expressly prohibited from using the Service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, or for uses that result in excessive usage inconsistent with normal residential or home office usage patterns. If Wavecom Solutions determines, in its sole discretion, that you are reselling or transferring the Service or that your Service is being used for any of the aforementioned activities, Wavecom Solutions reserves the right to immediately terminate this Agreement without advance notice or modify the Service and to assess additional charges for each month in which excessive usage occurred. If we observe usage in excess of 5,000 minutes per month on your account, we may conduct a detailed examination of your use of the Service.

d. Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and ATA and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the ATA, and all Services, information, documents and materials on Wavecom Solutions's web site(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of Wavecom Solutions are and shall remain the exclusive property of Wavecom Solutions and nothing in this Agreement shall grant you the right to right or license to use such Marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the ATA, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the ATA is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by Wavecom Solutions, which Wavecom Solutions reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Wavecom Solutions against any and all liability arising out of your use of such interface device with the Service.

e. Tampering with the ATA
You agree not to change the electronic serial number or equipment identifier of the ATA, or to perform a factory reset of the ATA, without express permission from Wavecom Solutions in each instance. Wavecom Solutions reserves the right to terminate your Service should you tamper with the ATA.


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