VoIP Terms of Service

Effective August 26, 2019 for current users, and upon acceptance for new users.

1. Introduction; Definitions; Acceptance of Terms

1.1 Introduction: These Terms of Service (“TOS”) constitute the agreement between Kansas Information Technologies, LLC d.b.a. AccentLogic (“AccentLogic”) and the user of AccentLogic′s communications Services and any related products or Services. This agreement governs our Service, as defined below, and all AccentLogic applications and software. It also applies to all Numbers and Service plans on each AccentLogic account. AccentLogic is sometimes referred to as “the company,” “we,” “us,” or “our” and the user is sometimes referred to as “you,” “your,” or “user,” “client” or “customer”.

1.2 Definitions:

  • “Terms” is defined as these TOS together with any Legal Notices applicable to the Services, all price schedules, and other supplemental documents that may supplement these TOS now or in the future.
  • “Service” is defined as AccentLogic’s products, software, services and web sites.
  • “Plan” and “Subscription” are defined as each AccentLogic Standard and AccentLogic Pro or other named subscription packages and/or Services as offered by AccentLogic.
  • “Number” is defined as each telephone or fax number(s) provided for your AccentLogic account.

1.3 Acceptance of Terms: You may not use the Service without first agreeing to the Terms. By using the Service you confirm your acceptance of, and agree to be bound by, the Terms. You may not use the Service if you are not of legal age to form a binding contract or are a person otherwise barred from using the Service under the jurisdiction under which you reside. Unless explicitly stated otherwise, this agreement will govern the use of any new features that augment or enhance the current Services, including but not limited to, the release of new AccentLogic software, applications, and services. In the case of any violation of this agreement, AccentLogic reserves the right to seek all remedies available by law and in equity.

2. Emergency Services; 911 Service

Access to emergency operators through the AccentLogic service is different than traditional 911 services provided by circuit-based local telephone service in a number of ways. AccentLogic’s voice service is dependent in part upon internet access. If such access is not available for any reason – such as a power outage, configuration issues, etc. – no calling service may be available including calls attempted to 911. AccentLogic’s calling service is routed over the internet. Calls can be delayed or not completed due to network congestion associated with the internet which would also impact calls placed to 911. Also, if your service from AccentLogic is disconnected for any reason, no calling service will be available including calls placed to 911. Additionally, the registered address that you provided when you signed up for service is the address that will be transmitted to emergency call takers. Automatic location information will NOT be transmitted. It is also possible that your call-back number will not be automatically transmitted such that you will have to inform the emergency call taker of your phone number so that you may be contacted on the device you use in connection with your AccentLogic service. If you are calling from a location other than the registered location address, you will have to inform the emergency call taker of your actual location; otherwise emergency responders may be sent to the wrong location. If you travel outside of your registered location, it is also possible that calls to 911 will route to emergency call takers associated with your registered address that may not be able to dispatch emergency responders to your actual location or transfer your call to the appropriate emergency call takers. When you initially sign up for service and provide your registered location information, there may be a delay in updating the relevant databases such that emergency call takers will have access to your registered address information. If you do not provide a registered location, your call may be routed to a call center rather than a geographically appropriate 911 operator.

911 CALLING SERVICE DISCLAIMER AND INDEMNIFICATION

YOU ACKNOWLEDGE AND AGREE THAT ACCENTLOGIC DISCLAIMS ANY AND ALL LIABILITY FOR ANY SERVICE OUTAGE OR INABILITY TO COMPLETE EMERGENCY 911 CALLS FROM ANY LINE OR DEVICE ASSOCIATED WITH THE ACCENTLOGIC OR TO ACCESS EMERGENCY SERVICE OPERATORS. YOU SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS ACCENTLOGIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, AFFILIATES, CONTRACTORS, AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THE ACCENTLOGIC SERVICE, FROM ANY AND ALL CLAIMS, LAWSUITS, LOSSES, DAMAGES, LIABILITY, FINES, PENALTIES, COSTS, AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS, ARISING FROM, OR RELATED TO, ANY ABSENCE, FAILURE, OR OUTAGE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, EMERGENCY 911 CALLING AND/OR INABILITY OF YOU OR ANY, THIRD PERSON OR PARTY, INCLUDING BUT NOT LIMITED TO EMPLOYEES, OR USER OF THE ACCENTLOGIC SERVICES TO BE ABLE TO CALL 911 OR TO ACCESS EMERGENCY SERVICE OPERATOR. IN NO EVENT SHALL ACCENTLOGIC BE LIABLE TO YOU OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES RELATED TO YOUR (OR YOUR EMPLOYEES, AGENTS, OR CONTRACTORS, OR THIRD PERSON OR THIRD PARTY OR USER OF THE SERVICES) USE OF OR INABILITY TO ACCESS EMERGENCY 911 CALLING SERVICES.

3. Registration, Passwords, Security, Identification

3.1 Registration: When you provide AccentLogic with personal information, you agree to (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. You also agree AccentLogic may send you notifications and promotions to the email provided. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, AccentLogic may, without notice, suspend or terminate your access to the Service and refuse to provide current or future use of our Service.

3.2 Passwords: You must select a password and username to use the Service. You are encouraged to select a non- obvious password and change it periodically for enhanced security. You are responsible for maintaining the confidentiality of the password and account information. You are financially responsible for all activities that occur under your password or account identification. You shall notify AccentLogic immediately if you discover unauthorized use of your password or account or any other breach of security.

3.3 Security: AccentLogic reserves the right to take any action it deems necessary or reasonable to ensure the security of the Service and your account, including without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, AccentLogic may rely on the authority of anyone accessing your account or using your password and under no circumstances will AccentLogic be held liable to you for any liabilities or damages resulting from or arising out of (1) any action or inaction of AccentLogic, (2) any compromise of the confidentiality of your account or password and (3) any unauthorized access to your account or use of your password. Maintaining the security of your personally identifying information is extremely important to us. We will take reasonable steps to ensure your personally identifying information remains confidential. However, we can not guarantee that our Service is impenetrable to all security breaches, and therefore AccentLogic makes no warranty, guarantee, or representation that our service will be completely protected from viruses, security threats or other vulnerabilities.

3.4 Identification: You must have a valid U.S. or Canadian credit card account and a U.S. or Canadian mobile phone account for Service. Line 2 may request verification of identity from all users to confirm account information at any time and for any reason. Verification materials may include oicial government-issued identification, proof of credit card account, and a copy of your current cellular phone statement.

4. Privacy

 Personal information collected by AccentLogic will be treated in accordance with our Privacy Policy. Our Privacy Policy can be found at https://www.AccentLogic.com/privacy-policy (/privacy-policy). If AccentLogic makes any changes to this policy, we will post the revised policy at that site. AccentLogic will restrict its use of personal information in accordance with the privacy policy in effect at the time the information was collected. If AccentLogic makes material changes to its privacy practices or material changes to how your information is treated, AccentLogic will notify you via email. You will have a choice as to whether or not AccentLogic may use such information in a different manner.

5. Customer Support

Customer Support: Customer support is available via the Support page at support.AccentLogic.com (https://support.AccentLogic.com/). Tickets are answered in the order in which they were received.

Standards of Conduct: When using AccentLogic’s customer support, you agree to refrain from speaking or writing to our Customer Support staff in any manner that is unlawful, threatening, harassing, abusive, defamatory, slanderous, vulgar, obscene, indecent, lewd, racially or ethnically or otherwise offensive.

6. Acceptable Use

You agree to use AccentLogic’s Service in a manner consistent with all applicable laws and regulations. You may not resell the Service in whole or in part to others. Additionally, you will not take any of the following actions with respect to our Service, related software, applications, or content, nor will you use our Service or related software or application to upload, post, email, distribute, transmit, link, solicit, or otherwise make available any content or use our service in any manner that:

  • is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, racially or ethnically or otherwise offensive, or abusive
  • advocates or solicits violence, criminal conduct or the violation of any local, state, national, or international law or the rights of any third party;
  • infringes on another’s patent, trademark, trade secret, copyright, or other intellectual property or other rights;
  • is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an ailiation with a person or entity;
  • specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
  • constitutes unsolicited or unauthorized advertising, including email, Short Message Service (SMS), Multimedia Messaging Service (MMS), AccentLogic messaging, voicemail, or faxes (“spamming”), or otherwise sending junk or bulk email, voicemail or faxes;
  • interferes with others using the services;
  • contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, programs, or applications that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server, or communications systems or equipment;
  • contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
  • disrupts, inhibits or interferes any other user from enjoying the services or ailiated applications, contents, products and/or services;
  • uses any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the service or otherwise monitor or copy any portion of the service, products and/or services;
  • creates a false identity for the purposes of misleading others;
  • prepares, compiles, uses, downloads, or otherwise copies any user information and/or usage information or any portion thereof, or transmit, provide otherwise distribute (whether or not for free or profit) such information to any third party;
  • uses any AccentLogic domain name as a pseudonymous return email address;
  • contains any offer for unsolicited goods or services or any advertising or promotional materials;
  • provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to §219 of the Immigration and Nationality Act;
  • attempts to disable, bypass, modify, defeat, or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any content or the services;
  • reproduces, duplicates, copies, sells, trades, resells, or exploits any portion of the services or content, use of the services or access to the services;
  • systematically collects and uses any content including the use of any data mining, or similar data gathering and extraction methods;
  • uses, frames, or utilizes framing techniques to enclose any portion of the services (including the images found at the services or any text or the layout/design of any page or form contained on a page);
  • modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our service. For purposes of these terms, “reverse engineering” shall include the examination or analysis of the service to determine the source code, structure, organization, internal design, algorithms or encryption devices of our service’s underlying technology;
  • creating a false Caller ID identity (“ID spoofing”) or forged email address or header or false namespace associated with AccentLogic enabled URLs and widgets, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the services;
  • using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit or otherwise avoid any Fair Use policy;
  • for unlimited or unmetered plans, using the service for call-in lines, call centers, conference calling, trunking (to a PBX or otherwise) or other high volume or multi-person calling purposes;
  • and for unlimited or unmetered plans, using the service for “spamming”, or otherwise sending junk or bulk messages or other high volume or multi-person messaging purposes.
7. Unlawful Use Prohibited; Monitoring; Providing Information to Authorities and Third Parties
  • Unlawful Use Prohibited. AccentLogic Service is for lawful, proper, and appropriate purposes only. You may not use AccentLogic Service for any illegal, fraudulent, improper, or inappropriate purposes. A non-exhaustive list of examples of illegal, fraudulent, improper or inappropriate uses are listed above in Section 7 (Acceptable Use).
  • Monitoring. AccentLogic may monitor the use of Service for violations of this agreement. AccentLogic may suspend or delete your account if we suspect a violation of this agreement, or if we think it necessary in order to protect our Service, or AccentLogic, its parent, ailiates, directors, oicers, agents, and employees from harm.
  • Providing Information to Authorities and Third Parties. If we believe that you have used our Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that AccentLogic may have about your account, including but not limited to, types of service, lengths of service, IP address(es), email address(es), and all other account information as follows:
    • in response to law enforcement or other governmental agency requests;
    • as required by law, regulation, rule, subpoena, search warrant, or court order;
    • as necessary to identify, contact, or bring legal action against someone who may be misusing the Service; to protect AccentLogic’s rights and property.
8. Termination or Suspension of Account

You may terminate your AccentLogic account at any time for any reason, upon notice. If you signup and are paying for AccentLogic Service through either Google Play Store or the Apple iTunes App Store you must cancel your service through them. If your AccentLogic Service is directly through AccentLogic, you can cancel your account by following these instructions    (https://support.AccentLogic.com/hc/en-us/articles/203419477-Cancelling-your-AccentLogic-account-Billed-directly- by-AccentLogic-). There is no refund of prepaid Subscription plans 30 days after Subscription Order Date. In addition to the terms contained herein, AccentLogic reserves the right to terminate an account or subscription at any time, with or without notice. Additionally, AccentLogic reserves the right to suspend or cancel your AccentLogic account and Service without notice upon rejection of any credit card charges.

9. Billing, Charges, Refunds, and Pre-Authorization

You are responsible for paying all charges for your account, including but not limited to, international calls, international SMS, conference calling overages, additional features such as Internet Fax, all charges to extensions attached to your account imposed on you or us as a result of your use of the Service, and all taxes, fees and surcharges appearing on your bill. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit card information on file. Prepaid debit and/or credit cards are not an acceptable form of payment for Subscription plans.

Recurring Billing

Services plans are offered in Subscriptions of 30 days (recurring) or 6-month (existing) or 1-year pre-paid plans (also recurring). Pre-paid plans are not refundable. The initial subscription begins on the date that you purchase the services (“Subscription Order Date”). All Subscription plans renew automatically for successive terms of the same length without further action by or notice to you unless you notify AccentLogic of non-renewal at least two (2) days before the end of the then current term by submitting a AccentLogic Support Ticket at support.AccentLogic.com (https://support.AccentLogic.com/). You will be billed at the time of purchase for additional services and notified by email about the addition of services. Additional services will bill at the same recurring date as the main subscription account. Number extensions will be charged immediately upon activation for the pro-rated amount for the current billing period. They will then be charged the full price on the primary line billing date.

International Calling and SMS Charges

International calls are charged at the rates displayed on our Rates Page at https://www.AccentLogic.com/international- rates (https://www.AccentLogic.com/international-rates). Rates vary based on country and region. Please contact Customer Support before making any calls if you are uncertain about the rate you will be charged. SMS messages to numbers outside the U.S. and Canada shall incur additional charges on a per message basis.

Professional Greetings

Professional greetings are available and charged on a custom quote basis. Your account will not be charged without your prior authorization.

Billing Disputes

If you have a billing dispute following the termination of your account, please contact us at support.AccentLogic.com (https://support.AccentLogic.com).

Pre-Paid Subscription Plans are Non-Refundable

The 6-month and 1-year package Plans are payable in advance and are non-refundable. These Plans are recurring and the Subscription fee for the next term will be charged to you credit card or debit card immediately following the expiration of the prior pre-paid period unless you terminate your account as identified in Section 8: Termination or Suspension of Account. Termination notice will not affect charges submitted before AccentLogic could reasonably act on such notice.

No Refunds for Charges Pre-Authorized Against Your Credit or Debit Card

All Subscription Plans are recurring. Charges to your credit card or debit card immediately following the expiration of the prior pre-paid period will occur without further authorization from you. You must notify Customer Support of your desire to terminate prior to the end of the pre-paid period at support.AccentLogic.com

(https://support.AccentLogic.com) in order to terminate your account and cease further recurring charges.

No Refunds for Plan Changes

AccentLogic does not offer refunds for any services ordered but changed at any point within the current billing cycle. Should you decide to downgrade to a lower-cost plan, AccentLogic will not refund the difference in cost between the two Subscriptions. It is your sole responsibility to contact AccentLogic before the start of the next billing cycle to change or modify any services, subscriptions, or accounts.

No Refunds for Non-Use

AccentLogic does not offer refunds for any Services ordered but not used. It is your sole responsibility to cancel any Services, Subscriptions, or accounts as identified in Section 8: Termination or Suspension of Account.

No Refunds for Interruption of AccentLogic Service

AccentLogic does not offer any refunds for any interruption of AccentLogic Service, including international calling services.

Messaging

AccentLogic Service messaging shall include but is not limited to Short Message Service (SMS), Multimedia Messaging Service (MMS), AccentLogic messaging (messaging between two or more AccentLogic users), web messaging via widget or any combination. MMS messaging is not available for Toll-Free Numbers and therefore sending and/or receiving MMS messages from a Toll-Free Number is not supported. MMS messaging is only available for US and Canada numbers. MMS messages addressed to or originating from international numbers (outside of US and Canada) is not supported. MMS type messages sent to an international number (outside of US and Canada) shall be delivered as an international SMS message and will incur charges related to sending international SMS messages. The delivery and receipt of messages, including but not limited to SMS, MMS, AccentLogic messaging and email, are based on a number of factors (including but not limited to external operator reach, operator support of that service, etc.) and therefore AccentLogic makes no guarantee that messages shall be delivered and/or received.

AccentLogic Service plans provide unlimited messaging to other AccentLogic Numbers. AccentLogic Service plans with no stated messaging limits, or those that claim “unlimited messaging” are virtually unlimited, based on typical use per month as determined by AccentLogic. In order to prevent misuse of the Service beyond its intended and customary use (e.g., bulk messaging or “spamming”), AccentLogic reserves the right to suspend messaging capabilities of any account AccentLogic identifies as Service misuse and/or suspend and/or cancel the account with no prior notification or warning. AccentLogic reserves the right to remove from Service any unique name associated with the AccentLogic widget and/or the widget URL that AccentLogic identifies as inappropriate, offensive or potentially misleading or fraudulent.

Unlimited Calling Charges

AccentLogic Service provides unlimited calling to other AccentLogic Numbers. Calls to United States and Canada local or toll- free numbers outside the AccentLogic network are virtually unlimited based on typical use per month as determined by AccentLogic. For the purpose of this agreement, “unlimited calling” is defined as what the vast majority of customers will utilize in any given month. In order to prevent misuse of the Service beyond its intended and customary use (e.g., trunking or re-sale of the Service), calls in excess of the number of minutes per month associated with the given plan will be charged a per minute overage fee, calculated in 1-minute increments; rounded up to the next minute.

Number Changes

You are allowed to request a change to your phone Number within the first 30 days of that line being established at no cost, after which time, Number change requests will be subject to a one-time fee for this service, billed to the credit card and/or debit card you have on file. Accounts with Number extensions will be allowed one Number change within the first 30 days of that line being established. Number change requests after 30 days of that line being established shall be subject to a one-time fee for this service, billed to the credit card and/or debit card you have on file.

Overage Charges

Overage charges, international calls or forwards that incur charges or international SMS messages or conference calling overages will be billed at the end of the billing cycle in which they occur. Interim charges will be made if the balance due on the account exceeds $50 before the end of the billing period.

Pre-Authorization Charges

All Subscription Plans are recurring. Charges to your credit card or debit card immediately following the expiration of the prior pre-paid period will occur without further authorization from you. You must notify Customer Support of your desire to terminate prior to the end of the pre-paid period at support.AccentLogic.com (https://support.AccentLogic.com) in order to terminate your account and cease further recurring charges.

Fees for Toll-Free, Vanity, and Fax Numbers

Local Number Ports: Number transfers (Local Number Porting) over the “Free Number Transfer”, if offered, are charged at $20 per port.

Fax Porting Fees: Telephone numbers may be ported (transferred) to AccentLogic Service for a one-time $25.00 charge made to the credit and/or debit card that you have on file. AccentLogic will request written or electronic authorization before charging you for this service. Toll-Free Vanity Number Purchases: AccentLogic offers low cost vanity telephone numbers for a one-time fee of $45.00, made to the credit and/or debit card that you have on file. AccentLogic will request written or electronic authorization before charging you for this service.

Billing Disputes

If you wish to dispute any AccentLogic charge on your account, you must notify us within 14 days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within 14 days, you waive any right to contest the charges. Contact us at support.AccentLogic.com (https://support.AccentLogic.com).

Fraudulent Charges

If you believe your financial information is being stolen, fraudulently used, or otherwise being used in an unauthorized or unwanted manner you must contact AccentLogic immediately via email at compliance@AccentLogic.com (mailto:compliance@AccentLogic.com). When you notify AccentLogic of suspected fraudulent use, you will be asked to provide the credit card number in question and verification of your billing address. Until you notify us, you will be liable for all use of our Service using information stolen from you and any stolen, fraudulent, or unauthorized use of our Service.

10. Service

Connection Requirement

AccentLogic service requires a high-speed broadband connection, a wireless Internet access point, cellular voice or cellular data connection (e.g. 3G, 4G, etc.) for use, which we do not provide. Events beyond our control may affect or service, such as power outages, fluctuations in the Internet, your underlying ISP, broadband service, cellular data provider, maintenance, or acts of God. We will act in good faith to minimize disruptions to your use of and access to our Service.

No 0+ or Operator Assisted Calling; No x11 Calling. AccentLogic Service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. AccentLogic service does not support 911, 311, 511, and other x11 services in any service area. Certain Broadband, Cable Modem, or Other Services. Some providers of broadband service may supply modems that prevent or disable the transmission of communications using our service. We do not warrant that our Service will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our Service with any particular broadband service.

Use of Services or Application by Customers Outside the United States

AccentLogic allows you to use our service to call foreign countries from within the United States and to use our service as you travel. This Service is offered only to residents of the United States or Canadian. For United States or Canadian citizens traveling abroad, you may be required to submit a government-issued photo identification and proof of credit card account. Proof must be submitted via fax or email for both Subscribed and Trial Accounts in the form of a government-issued photo ID that is clear and legible. AccentLogic does not allow Subscriptions for IP or physical address(es) outside the United States or Canada. If you reside outside the US or Canada and would like Service, please contact Customer Support at support.AccentLogic.com (https://support.AccentLogic.com).

No Transfer of Service

You are the sole account holder for the Service for all purposes and are solely responsible for all charges incurred on the account, regardless of changes to the account, including billing information. You may not resell or transfer any features of your AccentLogic service without prior written approval from AccentLogic. Attempted assignments of Service or accounts through changes in account and billing information will not relieve you of liability and responsibility for use of the Service or additional features, or for charges on the account unless we actively failed to facilitate the assignment as evidenced in our records. Attempted assignments of accounts without our written consent through changes you make in your account and billing information will not relieve you of liability and responsibility in the account. You may choose to authorize others to access your account by contacting Customer Support at support.AccentLogic.com   (https://support.AccentLogic.com).

No Resale of AccentLogic Services

Your right to use AccentLogic’s services and extra features is personal to you. You hereby agree to not resell the use of AccentLogic’s Services.

Management Via the Internet: AccentLogic will provide you with an Internet website address where, after login, you can manage your service, view calls, receive support, and manage your basic account information. Although many functions of your Service may be configured using your cellular phone application, some functionality is controlled only through the website interface. You must have Internet access to use our Service. It will be your responsibility to manage all configuration requirements. Logging into the website requires a common, and current Internet browser (e.g. Mozilla Firefox, Safari, Google Chrome, or Internet Explorer) with cookies enabled. Anyone for whom you give access to your management website, through your login information, shall be authorized by you to make any and all changes to your Service, account Subscription and Number.

11. Number Ownership

AccentLogic transfers (ports) telephone numbers in accordance with applicable FCC regulations and industry standards. Specific information is required for a port request. You may be required to provide such information in order for AccentLogic to complete your port request.

Inbound Porting Policy

You must keep your previous service active in order to port your number to AccentLogic. You must check to see if your number can be ported into AccentLogic's Service. You can do this by filling out a port request from inside your AccentLogic Dashboard or by contacting Customer Support at support.AccentLogic.com (https://support.AccentLogic.com). A port request provides AccentLogic the authorization to determine if your telephone number can be ported into our Service. Some numbers cannot be ported and, therefore, are not be available with AccentLogic Service.

If your number can be ported, you will be directed to fill out an online Letter of Authorization (“LOA”) and submit proof of ownership of the specific number. If you do not fill out the information in the port request and LOA completely, your porting request will be delayed. Most service providers allow digital signatures for port requests; however, some service providers require a handwritten signature to port your number. If your previous provider requires a handwritten signature, AccentLogic will notify you of this requirement and you will be required to fax or email us a signed copy of your Letter of Authorization (LOA). To initiate a port request the following information must be provided. A bill and LOA to verify your customer and account information including: (i) the number(s) you are asking the port, (ii) your name, (iii) your address, including both the billing and service address. AccentLogic reserves the right to charge a fee associated with inbound number porting.

Porting Charges

Toll-Free Number Porting may incur a one-time fee for this service, billed to the credit and/or debit card that you have on file. AccentLogic will request written or electronic authorization before charging you for this service.

Vanity Number Porting

Vanity Number Porting may incur a one-time fee for this service, billed to the credit and/or debit card that you have on file. AccentLogic will request written or electronic authorization before charging you for this service.

Fax Number Porting In

Fax telephone numbers may be ported (transferred) to AccentLogic Service and may incur a one-time fee for this service, billed to the credit and/or debit card that you have on file. AccentLogic will request written or electronic authorization before charging you for this service. You will be required to submit proof of ownership of the Fax number you wish to have ported. To initiate a port request the following information must be provided. A bill and Letter of Authorization (LOA) to verify your customer and account information including: (i) the number(s) you are asking the port, (ii) your name, (iii) your address, including both the billing and service address. Please contact Customer Support at support.AccentLogic.com (https://support.AccentLogic.com) for Fax number porting inquiries.

Outbound Porting Policy

You must provide notice and confirmation to AccentLogic if you wish to cancel your Service. Upon confirmation, AccentLogic will no longer bill you for your Subscription. You will be continued to be billed if you port your number but do not cancel your service with AccentLogic.

Your AccentLogic Subscription must be active in order for you to port your Number to a new provider. AccentLogic cannot guarantee that your AccentLogic Number will be available for porting after cancellation of your Subscription. You should not close your account until you receive confirmation from us that your Number has been successfully ported.

Porting numbers for sale is prohibited. If you port a Number or Numbers for the purpose of resale, AccentLogic reserves the right to charge you a one-time fee for the cost of the Number, your account will be deleted, and you will be blacklisted from our Service in the future. Porting Numbers during a Trial Account period is strictly prohibited. If you attempt to port a AccentLogic Trial Account Number out of our Service during a trial period, your account will be deleted and you will be blacklisted from our Service in the future. Porting Numbers from a AccentLogic Free account is prohibited. If you attempt to port a AccentLogic Free Number out of our Service, your account will be deleted and you will be blacklisted from our Service in the future.

12. Promotions

AccentLogic may offer promotions that may include free trial periods, free usage allocations, or other promotional elements. The following general guidelines apply to all such promotions, but each offer is also subject to the associated terms and conditions of each offer:

Free Trial Offer: You may use the Service for a specified period of time before being charged and generally there are usage limits associated with this free trial period. If you cancel your account prior to the end of such free trial period, and you have not exceeded the usage limits included in the offer, you will not be billed. If you exceed the usage limits included in the free trial offer you signed up for, one or more of the following actions may occur:

  • You will be notified that you have exceeded your offer limits and be given the option to cancel or upgrade, or
  • We will suspend your account pending further direction from you.
  • Free Trial Offers are limited to one period per customer per rolling calendar year.
13. Recording Conversations

Certain features offered by AccentLogic allow the user to record individual telephone conversations. Laws regarding the notice, consent, and notification requirements of such recorded conversations vary from state to state. You are solely responsible for complying with all local, state, and federal laws relevant in the jurisdiction you are calling when using the record conversation feature. You hereby release and agree to hold harmless AccentLogic from and against all damages or liabilities of any kind related to the recording of any telephone conversations while using AccentLogic services. AccentLogic expressly disclaims all liability with respect to your recording of telephone conversations.

14. Cellular Charges

AccentLogic's Service includes the ability to place telephone calls via your cellular network at the user’s choice. You agree and understand that by using AccentLogic’s Service that you will be billed by your cellular provider for calls placed over a cellular connection. AccentLogic is not responsible or liable for any charges incurred or minutes used for calls place using a cellular connection. You agree not to hold AccentLogic liable for any cellular charges, fees, or taxes incurred with your cellular provider. Calls placed outside of the United States or Canada must be made over a wireless Internet connection (“Wi-Fi”) to avoid international cellular charges. All calls placed using cellular voice or cellular data (e.g. 3G, 4G, etc.) connections will be billed by your cellular provider. You agree not to hold AccentLogic liable for any international cellular charges, fees, or taxes incurred with your cellular provider. When traveling outside of the United States or Canada, forwarding should be set to go directly to your voicemail. If you do not enable forwarding to voicemail, calls will be forwarded automatically from your AccentLogic account to your cellular phone.

15. Warranty Disclaimer

The Services provided hereunder are provided “as is” and AccentLogic makes no warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose and any similar warranty, whether said warranty arises under provisions of any law of the United States or any state thereof or any country. AccentLogic makes no representation or warranties that the Services are free of rightful claims of any third party for infringement of proprietary rights. The entire risk associated with the use of Services shall be borne solely by you. AccentLogic makes no warranty on up-time, mean-time between failures, quality of service, and/or quality of voice or FAX communications. AccentLogic makes no warranty that the services will meet your requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected. AccentLogic is not responsible for messages or information lost or misdirected due to interruptions or fluctuations in the Services or the Internet in general. AccentLogic is not responsible for the content or functionality of any third-party network used in connection with the Services. AccentLogic does not warrant the accuracy or reliability of the results obtained through use of the Services or data or information downloaded or otherwise obtained or acquired through the use of the Services. You understand and agree that any data or information downloaded or otherwise obtained or acquired through use of the Services are at your sole risk and discretion and Line 2 will not be liable or responsible for any damage to you or your property. No advice or information, whether oral or written, obtained by you from AccentLogic, its employees, partners, ailiates or through or from the Services shall create any warranty not expressly stated in these terms and conditions. Although every effort is made to ensure that voicemails and fax transmissions are secure, AccentLogic makes no guarantees of security.

Some jurisdictions do not permit the disclaimer of certain implied warranties, so certain of the foregoing disclaimers may not apply to you.

16. Limitation of Liability

AccentLogic’s total liability to you from all action and under all theories of liability will be limited to and will not exceed the amount paid to AccentLogic by you for the software. AccentLogic shall not be liable to you or any third party for incidental, indirect, or consequential damages whether arising under contract, warranty, or tort (which includes negligence or strict liability) or any other theory of liability.

Limit On Total Liability

AccentLogic’s total liability under this agreement will not exceed the service charges for the affected time period. AccentLogic will not be responsible for third-party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone charges, and/or similar charges.

17. Indemnification

You agree to indemnify and hold harmless AccentLogic, its CEO, board, oicers, employees, shareholders, and agents from and against any and all liabilities, expenses (including attorney’s fees) and damages resulting from including any violation of this agreement by you or any third-party using your account; any negligent acts, omissions or misconduct by you; any breach of this TOS by you; any claim of libel, defamation, violation of rights of privacy or publicity; any loss of service by other customers; any infringement of intellectual property or other rights of any third-parties; or any violation of any laws or regulations prohibiting transmission of unsolicited emails.

18. Force Majeure

AccentLogic shall not be held responsible for events beyond our control that may affect or disrupt Service, such as power outages, fluctuations in the Internet, your underlying ISP, broadband service, cellular data provider, maintenance, or acts of God. We will act in good faith to minimize disruptions to your use of and access to our Service. You may be notified of any planned maintenance that will disrupt your service.

19. Legal Considerations

Applicable Law

THE LAWS OF THE STATE OF KANSAS, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE COMPANY'S SOFTWARE AND SERVICES.

No Third-Party Beneficiaries

If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third-party beneficiary rights.

Survival

The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.

Severability

If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.

No Waiver of Rights

AccentLogic’s failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. AccentLogic reserves all of its rights at law and equity to proceed against anyone who uses its services, software, or applications illegally or improperly.

Entire Agreement

Your Master Services Agreement (MSA) and these VoIP Terms and Conditions, including any future modifications to their terms, and the rates for services found on our website or your agreements, constitute the entire agreement between you and AccentLogic. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

20. Changes to this Agreement

We reserve the right to change the terms and conditions of this agreement at any time. By subscribing to AccentLogic’s Service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning AccentLogic, including changes to this agreement. We may give you notice of a change by posting the change on the website, on your account webpage, or by other permitted communication. Such notice will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted indicated in the terms and conditions, and we are not required to give you further notice in order for you to continue using AccentLogic’s service. By continuing to use the service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your service immediately. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of AccentLogic’s services. If you continue to use AccentLogic’s services, we will consider this your acceptance of any changes. We reserve the right to update these Terms of Service at any time. The most recent version of this document will always be found at https://www.accentlogic.com/voip-terms-of-service.