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Online Service Agreement

Domestic Interstate & International Telecommunication Services

 

Section 1 – Technical Terms and Abbreviations

Alphabetical Listing of terms
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

Section 2 – Rules and Regulations

2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15		 Undertaking of the Company
Limitations
Use
Liabilities of the Company
Obligations of the Customer
Interruption of Service
Restoration of Service
Deposits
Payments and Billing
Cancellation by Customer
Interconnection
Cancellation by Company
Taxes
Transfer or Assignment
Mileage Measurements

 

Section 1 – Technical Terms and Abbreviations

Authorization Code: A numerical code, one or more of which may be assigned to a Customer to enable identification of individual users or groups of users on an account and to allocate costs of service accordingly. Authorization Codes are the sole property of the Company, and no Customer shall have any property or other right or interrest in the use of any particular Authorization Code.

Automatic Numbering Identification (ANI): A type of signaling provided by a local exchange telephone company which automatically identifies the local exchange line from which a call originates.

Billed Party: The person or entity responsible for payment of the Company’s service. The Billed Party is the Customer associated with the Authorization Code used to place the call, with the following exceptions:

(a) In the case of a calling card or credit card call, the Billed Party is the party assigned the Authorization Code for the calling card or credit card used by the Users; and
(b) In the case of a collect or third party call, the Billed Party is the person responsible for the local telephone service at the telephone number that agrees to accept charges for the call.

Called Station: The terminating point of a call.

Calling Card: A card issued by the Company containing such account numbers assigned to its Customer which enables the charges for calls made to be properly billed on a prearranged basis.

Calling Station: The originating point of a call.

Company: RCN Telecom Services, LLC, also referred to herein as “RCN”

Commission: Federal Communications Commission

Customer: The person, firm, corporation or other entity which orders or uses service and is responsible for payment of charges and compliance with Agreement regulations.

Customer Dialed Calling Card Call: A calling card call which does not require intervention by an attended operator position to complete.

Debit Card: A calling card issued by the Company in return for prepayment of an amount certain by the Customer. The Customer uses a Personal Identification Number (PIN) associated with the card to make calls which are charged against the prepayment amount until it is exhausted.

Dedicated Access: A method of reaching the Carrier’s services whereby the Customer is connected directly to the Underlying Carrier’s access points without utilizing the services of the local switched network.

Holidays: New Year’s Day, Independence Day, Thanksgiving Day, and Christmas Day. Additional days may be included on a promotional basis.

InterLATA Call: Any call that originates and terminates in different LATAs.

IntraLATA Call: Any call that originates and terminates within the same LATA.

LATA: Local Access Transport Area is a geographic boundary, within which the LEC provides telecommunications services.

Point of Presence (POP): The central switching office of the underlying carrier where it interconnects with the Local Exchange Carrier (LEC).

Switched Access: A method of reaching the Underlying Carrier through the local switched network.

Telecommunications: The transmission of voice communications or, subject to the transmission capabilities of the service, the transmission of data, facsimile, signaling, metering, or any other form of intelligence.

Underlying Carrier: The Interexchange Carrier which provides transport services which are resold by the Company.

User: A Customer or any person or entity which makes use of services provided to a Customer under this Agreement.

Verified Account Code: A numerical code, one or more of which are available to a Customer to enable identification of individual users or groups of users on an account and to allocate costs of service accordingly. Account codes are verified against a predefined list of codes maintained by the Company.

 

Section 2 – Rules and Regulations

2.1 Undertaking of the Company
   
2.1.1 The Company undertakes to provide telecommunications services to Customers for their lawful direct transmission and reception of voice, data, and other types of communications in accordance with the terms and conditions set forth in this Agreement.
   
2.1.2 All service is subject to the availability of necessary and suitable facilities and to the provisions of this Agreement. The Company or its designee may act as the Customer’s agent for ordering access connection facilities provided by other carriers or entities, when authorized by the Customer, to allow connection of a Customer’s location to a service provided by the Company. The Customer shall be responsible for all charges due for such service arrangement.
   
2.1.3 The Company’s services are provided on a monthly basis unless otherwise provided, and are available twenty-four (24) hours per day, seven (7) days per week.
   
2.1.4 For additional cost, and subject to availability, the Customer may use Authorization Codes to identify the users or user groups on an account. The numerical composition of the codes shall be set by the Company to assure compatibility with the Company’s accounting and billing systems and to avoid the duplication of codes.
   
2.1.5 The Company shall not be responsible for any installation, operation or maintenance of any Customer provided communications equipment. Where such equipment is connected to service furnished pursuant to this Agreement, the responsibility of the Company shall be limited to the furnishing of services under this Agreement and to the maintenance and operation of such services in the proper manner.
   
2.1.6 Customer provided station equipment at the Customer’s premises for use in connection with this service shall be so constructed, maintained and operated as to work satisfactorily with the facilities of the Company. The Company assumes no liability with respect to the operation or maintenance of such equipment.
   
   
2.2 Limitations
   
2.2.1 Service is offered subject to the availability of facilities and the provisions of this Agreement.
   
2.2.2 The Company reserves the right to disconnect service immediately without incurring liability when necessitated by conditions beyond the Company’s control or when the Customer is using the service in violation of either the provisions of this Agreement or the laws, rules, regulations or policies of the jurisdiction of the Calling Station or the Called Station or the laws of the United States, including rules, regulations and policies of the Commission.
   
2.2.3 The Company does not undertake to transmit messages, but offers the use of its facilities when available, and will not be liable for errors in transmission or for failure to establish connections.
   
2.2.4 Prior written permission from the Company is required before any assignment or transfer. All regulations and conditions contained in this Agreement shall apply to all such permitted assignees or transferees, as well as all conditions of service.
   
2.2.5 Under certain circumstances, RCN’s Voice-Over-Internet-Protocol (“VoIP”) service (where available) will not support Traditional 911 or Enhanced 911 (E911) dialing access to emergency services. The address associated with an E911 call on RCN’s VoIP service is specific to the Customer’s original service location only. Movement of the VoIP equipment from the original service location to a new service location may result in a mistaken identification of the E911 call as having come from the original location. Furthermore, 911 dialing on RCN’s VoIP service will not function in the event of a power failure or improper network connection and/or function. Customer understands and acknowledges that RCN, its affiliates, subsidiaries, parent companies and network service providers, will have no liability whatsoever with respect to 911 dialing on RCN’s VoIP service. Customer agrees to defend, indemnify and hold harmless the aforementioned entities from any claims, losses, damages, costs and expenses (including reasonable attorneys’ fees) relating to such 911 dialing by Customer and/or any user of Customer’s VoIP service.
   
 
   
2.3 Use
   
2.3.1 Services may be used for the lawful transmission of communications by the Customer consistent with the provisions of this Agreement.
   
2.3.2 Service may not be used for any unlawful purpose. The use of the Company’s services to make calls which might reasonably be expected to frighten, abuse, torment or harass another or in such a way as to unreasonably interfere with use by others is prohibited.
   
2.3.3 The use of the Company’s services without payment for service, as well as any attempt to avoid payment for service by fraudulent means or devices, schemes, false or invalid numbers or false calling or credit cards, is prohibited.
   
2.3.4 The Company’s services are available for use twenty-four (24) hours per day, seven (7) days per week.
   
2.3.5 Customers of service provided under this Agreement may authorize or permit others to use these services, and may resell or share such services subject to the regulations contained in this Agreement. The Customer remains responsible to the Company for payment of all charges for services used by others pursuant to this paragraph, with or without the Customer’s knowledge, and is responsible for notifying the Company immediately of any unauthorized use of services.
   
   
2.4 Liabilities of the Company
   
2.4.1 Except as stated in this Section 2.4, the Company shall have no liability for damages of any kind arising out of or related to events, acts, rights or privileges contemplated in this Agreement.
   
2.4.2 The Company shall not be liable for any failure of performance hereunder due to causes beyond its control, including but not limited to acts of God, fires, flood or other catastrophes; any law, order, regulation, directive, action or request of the United States Government or any other government, including state and local governments having jurisdiction over the Company or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of said governments or of any civil or military authority; national emergencies, insurrections, riots, wars or other labor difficulties.
   
2.4.3 The Company shall not be liable for any act or omission of any other entity furnishing to the Customer facilities, equipment or services used with the Company’s services. The Company shall not be liable for any damages or losses due to the failure or negligence of the Customer or due to the failure of Customer?provided equipment, facilities or services. Company is not liable for any act or omission of any other company or companies furnishing a portion of the service. No agents or employees of connecting, concurring or other participating carriers or companies shall be deemed to be agents or employees of the Company without written authorization.
   
2.4.4 Company shall not be liable for and Customer shall indemnify and hold Company harmless from any and all loss claims, demands, suits or other action or liability whatsoever, whether suffered, made, instituted or asserted by the Customer or by any other party or persons, for any personal injury to or death of any person or persons, and for any loss, damage, defacement or destruction of the premises of the Customer or any other property, whether owned by the Customer or by others, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, location or use of equipment or wiring provided by Company where such installation, operation, failure to operate, maintenance, condition, location or use is not the direct result of Company’s negligence.
   
2.4.5 The liability of the Company for mistakes, omissions, interruptions, delays, errors or defects in transmission shall not exceed an amount equivalent to the proportionate recurring charge to the Customer for the period of service during which such events occur. Except as may be provided to the contrary under applicable law, no credit shall be allowed for an interruption of a continuous duration of less than two (2) hours. For purposes of determining service credits, a month shall be deemed to have seven hundred twenty (720) hours. Any credits will be set off against charges billed during the next month.
   
2.4.6 Company shall be indemnified and held harmless by the Customer against:
 
  A. claims for libel, slander, infringement of copyright or unauthorized use of any trademark, trade name or service mark arising out of the material, data, information or other content transmitted over Company’s facilities; and
  B. claims for patent infringement arising from combining or connecting Company’s facilities with apparatus and systems of the Customer; and
  C. all other claims arising out of any act or omission of the Customer in any service provided by Company.
   
2.4.7 The Company shall not be liable for damages or adjustment, refund or cancellation of charges unless the Customer has notified the Company in writing of any dispute concerning charges or the basis of any claim for damages within thirty (30) calendar days after the invoice is rendered or a debit is effected by the Company for the call giving rise to such dispute or claim. Any such notice must set forth sufficient facts to provide the Company with a reasonable basis upon which to evaluate the Customer’s claim or demands. If notice of a dispute concerning the charges is not received, in writing, within thirty (30) calendar days after an invoice is rendered or a debit is effected, such invoice shall be deemed to be correct, accepted and binding upon the Customer.
   
   
2.5 Obligations of the Customer
   
2.5.1 The Customer shall provide the personnel, power and space required to operate all facilities and associated equipment installed on the premises of the Customer.
   
2.5.2 The Customer shall be responsible for providing Company personnel access to premises of the Customer at any reasonable hour for the purpose of testing the facilities or equipment of the Company.
   
2.5.3 The Customer will be liable for damages to the facilities of the Company caused by the negligence or willful acts of any officers, employees, agents or contractors of the Customer.
   
2.5.4 The Company may, upon notification of the Customer, at a reasonable time, make such tests and inspections as may be necessary to determine that the requirements of this Agreement are being complied with in the installation, operation and maintenance of Customer provided equipment and in the wiring of the connection of Customer channels to Company owned facilities. The Company may temporarily suspend service without liability, while making such tests and inspections, and thereafter until any violations of such requirements are corrected.
   
2.5.5 The Company may take such action as necessary to protect its operations and personnel and will promptly notify the Customer in writing of the need for protective action. In the event that the Customer fails to advise the Company within ten (10) days after such notice is received that corrective action has been taken, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its operations and personnel from harm. The Company will, upon twenty-four (24) hours advance request, provide Customer with a statement of technical parameters that the Customer’s equipment must meet.
   
2.5.6 The Customer is responsible for prompt payment of all charges for services rendered by the Company.
   
2.5.7 The name(s) of the Customer(s) desiring to use the service must be set forth in the application for service.
   
   
2.6. Interruption of Service

Credit allowance for interruptions of service which are not due to Company’s testing or adjusting, to the negligence of the Customer, or to the failure of channels, equipment and/or communications equipment provided by the Customer, are subject to the general liability provisions set forth in Section 2.4, herein. It shall be the obligation of the Customer to notify Company of any interruptions of service. Before giving such notice, the Customer shall ascertain that the trouble is not being caused by any action or omission of the Customer, not within the Customer’s control, and/or is not in the wiring or equipment connected to the terminal of the Company.
   
   
2.7 Restoration of Service

The use and restoration of service in emergencies shall be in accordance with Part 64, Subpart D of the Commission’s Rules and Regulations, which specifies the priority system for such activities.
   
   
2.8 Deposits
   
2.8.1 RCN will perform credit history review and credit reference checks for all 800 Service customers and any other accounts that are anticipated to have monthly charges of five hundred dollars ($500.00) or more. RCN also reserves the right to require deposits from Customers.
   
2.8.2 Any applicant whose credit has not otherwise been duly established as provided in Section 2.8.1 hereof may be required to make a deposit to be held as a guarantee of payment of charges. In addition, an existing Customer may be required to make a deposit or to increase a deposit presently held in the event that the conditions of service or basis on which credit was originally established have materially changed.
   
2.8.3 The amount of any deposit shall not exceed the estimated charges for three (3) months service or, in the case of seasonal service, one?half of the estimated charge for the season involved.
   
2.8.4 A deposit will be returned:
 
  A. when an application for service has been canceled prior to the establishment of service. The deposit will be applied to any charges applicable in accordance with this Agreement and the excess portion of the deposit will be returned.
  B. upon discontinuance of service. The Company will refund the Customer’s Deposit or the balance in excess of unpaid bills.
  C. after one (1) year of service, provided that the Customer has not been delinquent on any payment due during such one (1) year period.
   
   
2.9 Payments and Billing
   
2.9.1 Service is provided and billed on a monthly basis. Unless otherwise agreed, the minimum service period is one month (30 days), although Customer’s initial and/or final bill may be for a greater or lesser period for administrative reasons. Service continues to be provided until canceled by Customer in accordance with the provisions of this Agreement.
   
2.9.2 The Customer is responsible for the payment of all charges for services furnished by the Company.
   
2.9.3 Bills are due and payable upon receipt and past due thirty (30) days after issuance. Past due amounts are subject to late charges which shall be assessed at a rate not to exceed eighteen percent (18%) per year.
   
2.9.4 An additional charge will be assessed for any Customer check returned as non-payable. Such charge shall not exceed thirty dollars ($30.00) per check returned.
   
2.9.5 A reactivation fee of twenty-five dollars ($25.00) will be assessed if service has been turned off. The Company reserves the right to waive the fee if circumstances require.
   
2.9.6 Customer questions, complaints and disputes regarding billing or service provided by the Company may be referred to Company’s customer service department.
   
   
2.10 Cancellation by Customer
   
2.10.1 Residential Customers may cancel service by giving notice to RCN; however, the Customer shall remain liable for charges incurred prior to such cancellation. Business Customers may cancel service upon not less than thirty (30) days’ written notice to RCN unless a longer notice period is specified in an applicable service contract executed by the Customer.
   
2.10.2 If the Customer has ordered service requiring special facilities dedicated to the Customer’s use and then cancels the order before completion of the minimum service period or some other period mutually agreed with the Customer, the Customer shall be liable for the non-recoverable portions of expenditures or liabilities incurred expressly on behalf of the Customer by Company.
 
2.11 Interconnection
   
2.11.1 Service furnished by Company may be interconnected with services or facilities of other authorized communications common carriers and with private systems, subject to the technical limitations established by Company. Any special interface of equipment or facilities necessary to achieve compatibility between the facilities of Company and other participating carriers shall be provided at the Customer’s expense.
   
2.11.2 Interconnection between facilities or services of other carriers shall be under the applicable terms and conditions of the other carrier’s agreements. The Customer is responsible for taking all necessary legal steps for interconnecting Customer provided terminal equipment or communications equipment with Company’s facilities. The Customer shall secure all licenses, permits, rights-of-way and other such arrangements necessary for interconnection.
   
   
2.12 Cancellation by Company
   
2.12.1 Service may be discontinued or temporarily suspended by the Company, without notice to the Customer, by blocking traffic to certain cities or NXX exchanges, or by blocking calls using certain Authorization Codes, when the Company deems it necessary to take such action to prevent unlawful use of its service. The Company will restore service as soon as it can be provided without undue risk.
   
2.12.2 Without incurring liability, and upon reasonable notice to Customer, where such notice can be given, the Company may discontinue the provision of service to a Customer or to a particular Customer location or may withhold the provision of ordered or contracted services:
   
 
  A. for nonpayment of any sum due to the Company for more than thirty (30) days after issuance of the bill for the amount due; or
  B. for violation of any of the provisions of this Agreement; or
  C. for violation of any law, rule, regulation or policy of any governing authority having jurisdiction over the Company’s services; or
  D. by reason of any order or decision of a court, public service commission or federal regulatory body or other governing authority prohibiting the Company from furnishing its services.
   
   
2.13 Taxes

All state and local taxes (i.e. gross receipts tax, sales tax, municipal utilities tax) and/or regulatory fees are listed as separate line items and are not included in the quoted rates. Customers shall be responsible for any applicable taxes or regulatory fees.
   
   
2.14 Transfer or Assignment

The Company’s interstate services may not be transferred or assigned to a new Customer without the express written consent of the Company. Such transfer or assignment shall only apply where there is no interruption of the use or location of the service or facilities. All regulations and conditions contained in this Agreement shall apply to all such permitted assignees or transferees, as well as all conditions of service.
   
   
2.15 Mileage Measurements

Each rate center or POP has a unique set of assigned vertical and horizontal (V&H) coordinates which are used by the underlying carrier for calculating mileage.
   
2.15.1 The following services are not mileage sensitive: RCN Switched Outbound, RCN Switched Inbound, RCN 25 Cent Card, Directory Assistance, Commercial Switched Outbound, Commercial Switched Inbound, Commercial Dedicated Outbound, Commercial Dedicated Inbound.
   
Disclaimers

Not all services, speeds, packages, equipment, channels, tiers, pricing, streaming services, product offerings and product features are available in all areas. Offers valid only for new residential customers or previous customers with account in good standing who have not had our service within the last 60 days. All names, logos, images and service marks are property of their respective owners. Other restrictions may apply.