Intelafone Terms of Service

The use of services provided by Intelafone LLC [hereafter referred to as "Intelafone"] constitutes agreement to these terms. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

E911 Service

Intelafone provides you with phone services over your broadband connection. There is an important difference between the Intelafone service and the phone service provided over a traditional phone line -- this difference is that the 9-1-1 dialing feature with Intelafone has important limitations that you should be aware of and that you advise others that may use the Intelafone service in your residence or business.

YOU ARE RESPONSIBLE FOR ACTIVATING THE 9-1-1 DIALING FEATURE BY TAKING AFFIRMATIVE STEPS TO REGISTER THE ADDRESS WHERE YOU WILL USE THE INTELAFONE SERVICE BY LOGGING INTO YOUR CONTROL PANEL AND PROVIDING A VALID PHYSICAL ADDRESS.

IF YOU MOVE THE LOCATION OF WHERE YOU USE THE INTELAFONE SERVICE, YOU MUST AFFIRMATIVELY ACTIVATE THE 9-1-1 DIALING FEATURE AT THAT LOCATION BY REGISTERING THE ADDRESS. IF YOU FAIL TO REGISTER YOUR LOCATION OR CHANGE THE ADDRESS TO A NEW LOCATION, THE 9-1-1 DIALING FEATURE WILL NOT FUNCTION PROPERLY AND POTENTIALLY NO EMERGENCY SERVICE WILL BE SENT TO YOUR LOCATION.

Additional limitations are as follows:

If you lose power or there is a disruption to power at the location where Intelafone is used, neither Intelafone nor the 9-1-1 dial feature will function until power is restored. You should also be aware that after a power failure or disruption, you may need to reset or reconfigure the Intelafone device prior to utilizing the service, including the 9-1-1 dialing feature.

If your Internet connection or Broadband Service is lost, suspended, terminated or disrupted, neither Intelafone nor the 9-1-1 dial feature will function until the Internet connection or Broadband Service is restored.

If your Intelafone account is suspended or terminated, the Intelafone service outage will prevent the 9-1-1 dialing feature from functioning. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 dialed calls utilizing Intelafone as compared to traditional 911 dialing over traditional public telephone networks.

You are responsible for the accuracy and the completeness of the address that you submit to Intelafone for the location at which Intelafone will be used and to which emergency service will be sent in the event that you use the Intelafone 9-1-1 dialing service. You are responsible for updating and of the advising us of any and all changes to the address or location at which Intelafone will be used. Intelafone uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers. We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers. We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither Intelafone, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to Intelafone 9-1-1 dialing service unless such claims or causes of action arise from Intelafone's gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless Intelafone, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, Intelafone 911 dialing feature or service or access emergency service personnel.

Equipment

Intelafone provides all residential customers with a telephone adapter to use to connect to our service. Users must not attempt to reset the device to a factory default setting by using the "reset button" on the back of the device. If a user resets the device using this reset button, Intelafone will NOT issue a replacement and the device will need to be shipped back to Intelafone at the user's expense for reprograming. A $10 administrative fee will be charged for this programming. Service credits will NOT be issued for the time the service is down due to the user-initiated device reset.

The use of any other third party devices (such as ATAs) or software (such as Asterisk) is strictly prohibited. Users who attempt to circumvent this restriction face immediate termination of their service. Intelafone reserves the right to remotely access and manage any devices connected to our network.

Support

Intelafone provides support for using our service and provided hardware only. We do not provide troubleshooting or support for routers, computers or internet connections. The provided phone adapter has a built in router is designed to be connected directly to a modem and then your existing router or computer connected to the built in router. If you connect the Intelafone adapter to an existing router, we cannot provide troubleshooting for your router if service does not work properly.

Service Limitations

Due to the nature of all VoIP services, Intelafone service is not designed to be used for data connections with modems, home security systems, fax machines and related devices. It is optimized for voice only and you may experience issues and inconsistencies when using Intelafone service in non-voice scenarios.

Fair Use of Free Minutes

Intelafone is designed for customers with usage of under 5,000 minutes per month. Accounts exceeding 5,000 minutes per month will be billed 1.9 cents per minute above the free 5,000 minutes. Call forwarding and three way calling counts as two simultaneous phone calls at the same time - these are premium features and count as double the minutes when used.  Intelafone will disallow voice traffic to a few selected area and prefix codes ("NPA-NXX") in North America. Operators of services such as adult lines and "free conferencing" are using these local area codes and are causing additional fees. Instead of passing on these fees to you, we have chosen to maintain the most competitive rates possible by implementing this policy.

Cancellations

All cancellations must be made by going to https://www.intelafone.com/cancel.php

For more information regarding cancellation procedure, please email cancel@Intelafone.com.

If you return our device to us we will credit your card on file $20 for returning our equipment.

Billing

Accounts renew automatically unless cancelled. Accounts will renew on or around the anniversary of your initial order based on your selected term. All Intelafone services are prepaid at least one month in advance.

Customers are responsible for all international calling usage charges. Intelafone will bill your credit card automatically for these charges. These charges may be delayed at our discretion or billed at any point immediately following the completion of such calls.

Phone service will be disconnected immediately if balance is unpaid. There is a $5 reconnection fee. All services will be charged via automatic credit card withdrawal. Any account that goes into collection status will be transferred to a collection agency and incur a twenty-five dollar ($25.00) processing fee and all other applicable fees and charges. Subscribers must pay a twenty-five dollar ($25.00) service charge on disputed credit cards and credit card chargebacks. Past due accounts will accrue a monthly charge of one and one-half percent (1.5%) of the past due balance or one dollar ($1.00), whichever is greater.

Right to Refuse Service

Intelafone reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. Intelafone also reserves the right to terminate accounts with or without reason at its sole discretion. If Intelafone terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If Intelafone terminates service for Terms of Service violation, the user is not entitled to any refund.

Privacy

Intelafone utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Intelafone makes no claims with regards to the privacy of voice packets transmitted over public networks.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Intelafone harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Intelafone, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Intelafone against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Intelafone; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

Binding Arbitration

By using any Intelafone service, you agree to submit to binding arbitration. If any disputes or claims arise against Intelafone or its subsidiaries, its agents, its employees, its officers, or its owners, such disputes will be handled by an arbitrator of Intelafone 's choosing. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Washington. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause.

Disclaimer

Intelafone shall not be responsible for any damages you or your business may suffer. Intelafone makes no warranties of any kind, expressed or implied for services we provide. Intelafone disclaims any warranty or merchantability or fitness for a particular purpose. Since we use the public internet to delivery service, we cannot guarantee uptime or availability of service.

Change of Terms

We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on our website. These changes will become binding and effective the date they are posted to our website. No further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service.