XMission LLC: Terms and Conditions You (the XMission customer and/or user, hereafter collectively referred to as “you”) agree to purchase and/or use XMission services in accordance with the terms and conditions of this Service Agreement (“Agreement”). This Agreement governs both the Service and any devices, such as an Analog Telephone Adapter or Phone (“Device” or “Equipment” or “IAD”), used in conjunction with the Service and it applies to all lines on each XMission account. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO, AND PERFORM OBLIGATIONS UNDER THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY ITS TERMS AND CONDITIONS.
  1. EMERGENCY/911 DIALING
    1. 911 Dialing. XMission Voice 911 Dialing is different than traditional 911 service. Our customers have access to either basic 911 or Enhanced 911 (E911) service. If you have E911 service, when you place an emergency call by dialing 911, the physical street address you register with the phone is displayed at the local emergency center assigned to your area along with your telephone number. This allows the operator to call you back or dispatch help when you are unable to respond yourself. If the emergency center in your area is not equipped with E911, the operator will not have access to this information until you provide it yourself. XMission will always default the customer to E911 if it is available.
      You authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers.
    2. Notify All Users. You should inform all household residents, office occupants, guests and other third persons who may be present at the physical location where you utilize the Service of the important differences in and limitations of XMission Voice 911 Dialing as compared with basic 911 or E911
    3. Required Registration of Physical Location. Each phone line you purchase from XMission must have its physical address registered. You will be asked for the location of these phones at time of order. It is incumbent on you to confirm the accuracy of your physical address via your online account if you have any changes, additions or transfers of phone numbers. When you move the Device to another location, you must update your location. If you do not update your location, 911 calls you make may be sent to an emergency center near your old address. Be aware it may take several days for the address information to update completely once it has been submitted. You may update this address registration by calling XMission Technical Support at (801) 303-0852, or toll-free at (877) XMISSION. For purposes of 911 Dialing, you may only register one location at a time for each phone line.
    4. Service Outages.
      1. Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.
      2. Service Outages Due to Internet Outage or Suspension or Disconnection of Broadband Service or Internet Service Provider (“ISP”) Service. Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning.
      3. Service Outage Due to Disconnection of Your XMission Account. Service outages due to disconnection of your account may prevent all Service, including 911 Dialing, from functioning.
      4. Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
    5. Disclaimer of Liability and Indemnification. XMission has no control and no responsibility over the handling of 911 calls by the local emergency centers that are made over XMission Voice service. Customer agrees to defend, fully indemnify, and hold harmless XMission, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel. Customer further agrees to fully indemnify, defend, and hold harmless XMission, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs, expenses or damages of any kind arising out of personal injury or death or damage to property related to Customer’s failure to meet any 911/E911 requirements or agreements.
  2. Lawful Use & Liability
    1. You will use XMission LLC services only for lawful purposes. Any transmission or re-transmission of material in violation of any Federal or State laws and/or regulations is expressly prohibited. This extends to include, but is not limited to: any copyrighted materials, materials or communications prohibited by trade secret.
    2. As a customer of XMission LLC and a user of our services, you (as an individual, and/or officer or agent of a company, and/or company) agree to indemnify and to hold harmless XMission LLC from ANY and ALL claims resulting from the use of the service which causes damage to you or any other party. XMission LLC shall not be liable, either in contract or in tort, or for protection from unauthorized access of its customer’s transmission facilities or customer-owned equipment on premises, or for unauthorized access to, alteration, theft or destruction of a customer’s data files, programs, or information through accident, fraudulent means or devices, or any other method, even should such access occur as a result of XMission LLC’s negligence. XMission LLC shall not be in any way responsible for claims or damages caused by a customer, through fault, negligence or failure to perform customer’s responsibilities, claims against a customer by any other party; any act or omission of any party furnishing services and/or products; or for the installation and/or removal of any and all equipment supplied by any service provider or XMission LLC.
    3. XMission LLC will not be responsible for any damages you or your business suffers. XMission LLC makes NO WARRANTEES OF ANY KIND, EXPRESSED OR IMPLIED, for services we provide. XMission LLC also DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This includes loss of data resulting from delays, non deliveries, wrong deliveries, and any and all service interruptions caused by XMission LLC and its employees by its own negligence or your errors or omissions.
  3. Service Description. XMission Voice is not a telecommunications service but is an IP based service provided on a best effort basis. XMission LLC makes NO WARRANTEES OF ANY KIND, EXPRESSED OR IMPLIED, for services we provide. XMission LLC also DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This includes loss of data resulting from delays, non deliveries, wrong deliveries, and any and all service interruptions caused by XMission LLC and its employees by its own negligence or your errors or omissions.
  4. XMission Mobile Voice App Privacy
    1. XMission collects, and processes information provided directly by you when you install the App and register for an account to use the App. Specifically, this information includes:
    2. Your name, email address, location, phone number.
    3. Browser information and session cookies related to your access and use of the App.
    4. Data insights XMission attains based on correlation and analytics of your information collected in providing the App, which may be used in aggregated and dis-aggregated formats or to obtain trend analytics, to provide the App; and
    5. Use of the above-described collected information in aggregated and dis-aggregated formats to enhance our current App or to provide App features.
    6. XMission uses the information collected as described in this Privacy Policy, including personal information, to:
    7. Provide you with the App as described in the Agreement.
    8. Implement, improve and/or enhance the App, including to make future releases available to you.
    9. Carry out XMission obligations as described or authorized in the Agreement and this Privacy Policy.
    10. Enforce SUMOFIBER rights arising from the Agreement between you and XMission; and
    11. Fulfill any other purpose authorized by you and reasonably required for the App. Specifically, only when enabled via system permission on XMission Android and XMission iOS, XMission shows personal contacts within the respective application. When the user sends an SMS message to one of his/her phone contacts, or when the user initiates a call to one of his/her phone contacts, the phone number is sent securely through XMission API. XMission does not store this number with any other PII, and it cannot be directly or indirectly attributed to any person or persons; XMission stores only the phone number and pertinent metadata so as to be compliant with all applicable state and federal laws, and XMission does not share this data with any advertisers or third parties under any circumstances. A user can revoke phone contact access on his/her mobile device at any time, and his/her app experience is not hindered or interrupted. XMission Mobile Voice Android and iOS also uses Gravatar, only when enabled via Settings and UIConfigs, which is a service that provides avatar images linked to the MD5 hash of the user’s email address. This means that, only when Gravatar use is enabled, we hash each contact’s email address and send it to Gravatar to try and retrieve an avatar image. MD5 hashes cannot be directly or indirectly attributed to any person or persons, and we only send the MD5 hash to Gravatar, never the email address in plain text. As with phone contacts, a user can revoke Gravatar access at any time in Settings or via UIConfig, and his/her app experience is not hindered or interrupted.
  5. Ownership and Risk of Loss. You are responsible for loss, theft or damage to the device(s) XMission provides or sells to you for use in your XMission Voice service.
  6. Operator/Third Party Billing. XMission Voice does not support “0” Operator calling or third party billing (including, but not limited to collect calls, 900 numbers, calling cards and third party billed long distance services).
  7. Security Systems / POS / FAX. XMission Voice may not be compatible with security systems, elevator monitoring, Point of Sale (POS), and facsimile (fax) line services. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm/POS/fax functions for any systems installed in your home or business. You are responsible for testing the compatibility of any of these systems with the Service.
  8. Federal Universal Service Fee USF fees are now being leveraged by the government against VOIP services as well as traditional POTS lines. These funds support the telecommunications needs of low-income households, schools, libraries, rural hospitals, and consumers living in high-cost service areas. Your service is subject to this fee.
  9. Disconnection; Discontinuance of Service. XMission may cancel and/or terminate service with 30 day written notice to you, the customer, for any reason.
  10. Charges for Directory Calls (411). XMission may forward the wholesale cost of Directory Assistance calls to you, and may append these costs with a minimal service fee. Minimum cost $1.00 per call.
  11. Unsupported Equipment. Physical Equipment and/or Software products that are NOT provided by XMission LLC are the responsibility of the customer, company or individual or both as the limits of the law allows for. XMission LLC will not be responsible for the installation of and/or service on equipment and/or software not provided by XMission LLC. All customers are responsible for the use and compatibility of hardware and software not provided by XMission LLC. In the event that the customer uses hardware and/or software that does impair the customer’s use of XMission LLC services, the customer shall nonetheless be liable for regular payment to XMission LLC. Upon notice from XMission LLC that the hardware and/or software not provided by XMission LLC is causing, or in the sole opinion of XMission LLC, is likely to cause hazard, interference’s or service obstruction, the customer shall eliminate the hazard, interference or service obstruction at once. Customers will, if necessary, pay XMission LLC to troubleshoot problems caused by such equipment and/or software not provided by XMission LLC. XMission LLC will not be responsible if any changes in hardware, software or services cause equipment not provided by XMission LLC to become obsolete, require modification or alteration, or in any other way affect the total performance of XMission LLC on an end-to-end basis and protect the XMission LLC backbone network and those networks attached to the XMission LLC network. In the case of customer-owned hardware and/or software connected to the XMission LLC network, the customer is totally responsible for any and all service to that equipment. XMission LLC, at its option, may supply technical services in the form of consulting and/or service to XMission LLC customers at their request. Such services will be billed out at rates set on the XMission LLC pricing sheet and/or at rates in effect at the time such services are requested. XMission LLC has the right to refuse any such technical services at its sole option. On leased telephone lines, no matter who the leasing party is, XMission LLC must have free and open access to such lines.
  12. No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER XMISSION NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF XMISSION LLC’S OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY XMISSION LLC OR XMISSION LLC’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
  13. Miscellaneous
    1. If you are declared in default, XMission LLC will have all rights and remedies provided by law. XMission LLC may terminate your account and take any physical equipment and/or software products provided by XMission LLC subject to applicable state law, including the right to enter the premises where the physical equipment and/or software is kept in order to repossess it. You agree to pay XMission LLC’s costs on demand as well as any reasonable attorney’s fees and legal expenses incurred as a result of XMission LLC’s exercise of any default remedies under this agreement.
    2. Severability. If any provision of this Agreement is not valid according to the law, all other provisions will remain in force. If any provision is stricken, both parties agree to negotiate a mutually acceptable substitute provision.
    3. Waiver. XMission LLC’s failure to insist upon your complying with any term or provision of this lease or it’s waiver of any default shall not be construed as waiving any such term or provision and shall not preclude XMission LLC from taking action regarding any subsequent default.
    4. Governing laws. This agreement shall be governed by the internal laws of the State of Utah.
    5. THESE TERMS AND CONDITIONS CANNOT BE MODIFIED EXCEPT BY WRITTEN AMENDMENT BY THE PARTIES. NO AGENT, EMPLOYEE OR REPRESENTATIVE OF XMISSION LLC HAS THE AUTHORITY TO BIND THE PARTIES TO ANY RESPRESENTATION OR WARRANTY UNLESS SUCH IS SPECIFICALLY INCLUDED IN THESE TERMS AND CONDITIONS, THE XMISSION LLC INTERNET SERVICE ORDER FORM OR WITH A WRITTEN AMENDMENT THERETO. NOTICE TO PARTIES OF DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE SENT BY REGISTERED MAIL TO THE PARTIES AT THE ADDRESS SHOWN ON THE MOST RECENT SERVICE ORDER. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF UTAH.
    6. ALL USERS DESIRING CONNECTIVITY ON THE INTERNET ARE SUBJECT TO THE ACCEPTABLE USE POLICY.
    7. XMission is a member of the Utah division of the Better Business Bureau and is committed to arbitration and mediation.
    8. Use of XMission LLC services by you as a company and/or an individual constitutes acceptance of these Terms and Conditions in full.