CampusCom's Terms and Conditions of Service

These Terms and Conditions of Service constitute the agreement ("Agreement") between CampusCom ("we" or "us") and the user ("you", "user", "customer") of CampusCom's communications services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Analog Telephone Adapter (ATA) or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service and it applies to all lines on each CampusCom account. If you purchased Equipment from a retail store, or a provider other than CampusCom ("Retail Provider"), you are a "Retail Customer" for purposes of this Agreement. By establishing, activating, using, or paying for the Service, you acknowledge that you have read and understood these terms, you agree to the terms and conditions of service in this Agreement, and you represent that you are of legal age to enter into this Agreement and become bound by its terms, including those pertinent to E911 emergency dialing, and to the prices, charges, and conditions provided to you in association with your enrolment.

1. E911 - EMERGENCY SERVICES

Please read this information regarding E911 very carefully. By activating and paying for the service, you acknowledge and agree to the limitations of CampusCom E911 emergency dialing service, and understand the distinctions between traditional 911 and E911 calls. You agree to notify any user who may place calls using your service, including any household residents or guests who may be present in your household, of the limitations of CampusCom E911 emergency dialing. You also agree to place CampusCom 911 stickers (provided by CampusCom upon sign up) on each device that you use to access CampusCom service. It is also your responsibility to write relevant local emergency contact numbers on the stickers in the space provided. Please notify us if you did not receive CampusCom 911 stickers or if you did not receive a sufficient amount of stickers for your residence/business. Call 877.297.2690 or email us at e911@campuscom.ca to obtain more 911 stickers as required.

Please be aware that even in those areas in which CampusCom offers E911 service, CampusCom can not and does not guarantee that the service will operate as intended. The only way to know with absolute certainty that you have functioning E911 service is to test the system; CampusCom is not authorized to make test calls to the 911 system and can not authorize you to do so. You may wish to call the non-emergency number of your local police or fire department to find out if they are able to help you obtain such permission.

You may also dial 811 to test your E911 service: To test that your CallerID is working properly, Dial 811. The system will playback your CallerID, then make a short pause, and play the test result. To make sure your device/switch is correctly configured for E911, you must ensure that your CallerID number matches exactly the telephone number that is activated for E911. That is the only way to identify you correctly. Otherwise your E911 call will not go through. A correctly formatted CallerID consists of a 10 digit number, identical to your telephone number. For example, if your telephone number is (555)555-1234, your CallerID number should be 5555551234. Please contact CampusCom Tech Support (techsupport@campuscom.ca) if you have further questions regarding E911 service testing.

CampusCom recommends that you maintain an alternative means of accessing emergency services in the event of a service disruption for any reason.

1.1 Registration of Physical Location is Mandatory:

You must provide the address which will be associated with the service during the registration process. Failure to provide the correct and proper service address may result in misdirecting 911 calls to the incorrect Public Safety Answering Point (PSAP) or emergency operator. In case you are not able to speak during the 911 call, the call taker would dispatch emergency response vehicles to your last registered address. You must update your address information with CampusCom if you move to a new location. E911 Emergency dialing will be enabled/updated to the client's account within 48 hours of account activation.

1.2 Confirmation of Activation/Changes:

Activation of E911 will take place within 48 hours of when customers activate their account with CampusCom. Change of address will take 48 hours to be updated.

1.3 Service Limitations:

a) Power Failure or Power Interruption:

E911 Dialling does not function in the event of a power failure. If there is an interruption in the power supply, the Service, including E911 Dialling, will not function until power is restored. Following a power failure or power interruption, customers may need to reset or reconfigure the Equipment prior to utilizing the Service, including E911 Dialling.

b) Suspension or Disconnection of Broadband Service or ISP Service:

In the case of Internet disconnection or suspension, the Service, including E911 dialing will not work.

c) Account Suspension or Disconnection:

In case of suspension or disconnection of CampusCom services, Clients can not dial 911. If you are disconnected during your call to the E911 service, you must hang up and dial 911 again to reconnect and ensure the PSAP is aware of your emergency and location. If this fails, use an alternate method of reaching 911 services such as a cell phone.

d) Activation or Changes of Number:

E911 Dialing does not function if you change your phone number, unless and until you successfully register your location. Customers must select a household (primary) number that is associated with your Service address otherwise E911 service will not be available. Calls to E911 service route to the appropriate emergency administrator based on the telephone number you have chosen and the geographic location that you have provided to CampusCom. E911 must be available in your area for CampusCom to offer you that service.

1.4 Network Congestion, Reduced Speed for Routing or Answering E911 Dialing Calls:

There may be a greater possibility of network congestion and/or reduced speed in the routing of an E911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.

1.5 Unavailability of E911 Service with CampusCom Long Distance Package Plan:

Packages available through CampusCom utilize E911 service and meet CRTC/FCC regulations. However, our Long Distance Package does not include E911 Service. It is up to the Customer to ensure that alternate means of reaching 911 emergency services are available at the point of Service in case of emergency and that any potential user at the point of Service is aware of this limitation.

1.6 Disclaimer of Liability and Indemnification:

CampusCom does not have any control over whether, or the manner in which, calls using our E911 service are answered or addressed by any local emergency response centre. We disclaim all responsibility for the conduct of local emergency response centres and national emergency calling centres. We rely on third parties to assist us in routing 911 calls to local emergency response centres and to a national emergency calling centre. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither CampusCom nor its officers, directors or employees 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 our E911 service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and save harmless CampusCom, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including E911 dialing, incorrectly routed E911 dialing calls, and/or the inability of any user of the Service to be able to use E911 or access emergency service personnel.

2. SERVICE PREREQUISITES, TERM, PLANS AND CONDITIONS

2.1 Service Prerequisites:

The Service requires Equipment obtained through CampusCom or a third party SIP-enabled device with which you can place and receive calls using your high-speed Internet connection. CampusCom does not provide for or support your high-speed Internet connection, which you need to supply at your own expense. We recommend that your high-speed Internet connection have a capacity of at least 200 kbps upstream and downstream. Since the Service depends on your high-speed connection, the correct configuration of the Equipment, and an adequate power supply, CampusCom does not guarantee continuous availability. You acknowledge and understand that the Service will not function in the absence of electrical power or if there is an interruption of your high-speed Internet connection. A power failure may require you to reset or reconfigure your Equipment or other devices in order to restore the Service.

2.2 Service Term:

Service is offered and paid for on a prescribed recurring monthly basis for a term that begins on the date that CampusCom activates your Service and ends on the day before the same date in the following period ("Service Term"). Subsequent terms of this Agreement automatically renew for the same Service Term unless you give us written notice of disconnection at least fourteen (14) days before the end of the applicable Service Term. You are purchasing the Service for the full Service Term, meaning that if you attempt to disconnect Service prior to the end of the applicable Service Term, you will be responsible for all charges relating to the then current Service Term, including unbilled charges, plus a disconnection fee, if applicable, all of which will immediately become due and payable. You will also be responsible for charges for the following Service Term in the event that you do not provide the requisite fourteen day disconnect notice as described above.

2.3 Use of Service and Equipment:

If you subscribe to CampusCom's services generally, the Service and the Equipment are provided to you solely for residential use. Business customers may subscribe to CampusCom but must do so by subscribing as a business and by signing an additional agreement regarding the Service. In either case, you shall not resell or transfer the Service or the Equipment to another party without our prior written consent. You are prohibited from using the Service or the Equipment for auto-dialing, telemarketing (including charitable or political solicitation or polling), continuous or extensive call forwarding, fax or voicemail broadcasting or fax or voicemail blasting. As a residential customer or any customer without a separate agreement regarding the Service, we reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Equipment is, or at any time was, inconsistent with normal residential usage patterns.

2.4 Plan Restrictions:

a) Unlimited Incoming Plan:

Unlimited Incoming packages, unless agreed upon separately, are intended for residential use only and include a maximum of 3500 inbound minutes per month. If you do exceed the included 3500 inbound minutes per month, each additional minute will be charged at the normal incoming rate of 1.5 cents (USD) per minute, and will be charged in 10 second increments as outlined in section 3.1 of this Agreement.

b) Unlimited Canada Plan Restrictions:

The Unlimited Canada Plan includes a maximum of 2500 outgoing minutes to Canadian provinces (excluding territories) and a maximum of 3500 incoming minutes from any location. Each additional minute of incoming or outgoing beyond the aforementioned restrictions will be charged at the normal rate of 1.5 cents (USD) per minute for inbound calls & 1.5 cents (USD) per minute for outgoing calls to Canadian Provinces. Additional minutes will be charged in 10 second increments as outlined in section 3.1 of this Agreement.

c) 1500 USA/CANADA Plan Restrictions:

The 1500 USA/CANADA includes a maximum of 1500 outgoing minutes to Canadian provinces (excluding territories) and mainland states in the USA (excluding Alaska, Hawaii & Puerto Rico). In addition the plan includes a maximum of 3500 incoming minutes from any location. Each additional minute of incoming or outgoing beyond the aforementioned restrictions will be charged at the normal rate of 1.5 cents (USD) per minute for inbound calls & 1.5 cents (USD) per minute for outgoing calls to Canadian Provinces and the Mainland States as defined above. Additional minutes will be charged in 10 second increments as outlined in section 3.1 of this Agreement.

2.5 Unlawful Uses and Inappropriate Conduct:

You shall use the Service and the Equipment only for lawful purposes. You shall not use the Service or Equipment in any way that is improper or inappropriate, including in a manner that is threatening, harassing, defamatory, libelous, deceptive, fraudulent, abusive, invasive of another's privacy, or any similar behaviour. In addition, you shall not use the Service or the Equipment to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques or other automated devices or programs to catalogue, download, store or otherwise reproduce or distribute information from the Service or use any such automated means to manipulate the Service; violate any third party's intellectual property or personal rights; use the Service to violate any law, rule or regulation; or exceed your permitted access to the Service. Subject to applicable law, we may, but are under no obligation to monitor usage of the Service for violations of this Agreement. We may remove or block any or all communications if we suspect a violation of this Agreement or if we deem it necessary in order to protect the Service, or CampusCom, its parent, affiliates, directors, officers, agents and employees from harm. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Equipment for an unlawful purpose or in ways mentioned above. In the event of such disconnection you will be responsible for all fees and charges due under this Agreement, including those referred to in Section 2.1, plus a disconnection fee, if applicable, all of which will be immediately due and payable. If we believe that you have used the Service or the Equipment 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 hereby consent to our forwarding of any such communications and information to these authorities. In addition, CampusCom will provide customer and call detail information in response to lawful government requests, subpoenas, court orders and to protect its rights and property, and in response to law enforcement requests where the failure to disclose the information may lead to imminent harm to the customer or others. Furthermore, CampusCom reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

2.6 International Usage:

We are a global Voice Over IP provider. Use of the Service is expressly prohibited wherever its use violates local laws, and you are personally liable for any such violations. CampusCom reserves the right to terminate your Service immediately and without notice if it determines that you are using the Service or Equipment in violation of applicable local laws.

2.7 Copyright:

All of CampusCom's websites, service marks, trade names, logos and domain names (collectively "marks") are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.

2.8 Tampering:

You agree not to change the electronic serial number or the equipment identifier, if any, of the Equipment, or to perform a factory reset of the Equipment, without express written permission from CampusCom in each instance which CampusCom, in its sole discretion, may deny. You agree not to disrupt the Service or make any use of the Service that is inconsistent with its intended purpose or to attempt to do so. CampusCom, in its sole discretion, may terminate your Service without advance notice should you tamper with the Equipment.

2.9Theft of Service:

You agree to notify CampusCom immediately if the Equipment is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. You must provide a detailed description of the circumstances of the theft or stolen or fraudulent use of the Service and supply any additional documentation reasonably requested by CampusCom. Failure to do so in a timely manner may result in the termination of your Service and additional charges.

2.10 Login/Password Protection:

The customer is responsible for the safekeeping of their Login and Password information. If this information is lost or given to any other party in any way, the customer understands that this will be his sole responsibility. The customer agrees to regularly change his/her passwords to protect their account from any suspicious act.

2.11 Audit and Law Enforcement:

CampusCom reserves the right to audit your use of the Service to enforce the provisions of this Agreement. CampusCom reserves the right to track and monitor your Service and usage. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal, provincial/state or international law.

2.12 Return of Equipment:

a) A Retail Customer may only return the Equipment to the Retail Provider. All returns will be subject to the return policy of that Retail Provider. We will not accept any Equipment returned to us from a Retail Customer for any reason.

b) Non-Retail Customers may return the Equipment to us if you return the Equipment to us with a valid Return Authorization Number from CampusCom's accounts department within fourteen (14) days of the date you disconnected the Service. You are fully responsible for any shipping charges incurred when returning such Equipment. If you receive cartons or Equipment that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact the Accounts department to notify them of the damage. Returned Equipment must arrive in the same condition in which you received it, free from defects or user-related physical or internal damage. Equipment that is returned in such a manner may be refused by CampusCom and returned to the Customer, at the Customer's expense.

2.13 Local Number Portability/Transfer:

If you transfer an existing phone number to CampusCom which is currently subscribed to another provider other than CampusCom, the following terms and conditions apply:

a) You must sign up for a CampusCom Account.

b) You agree to fill out specific forms to authorize CampusCom to initiate the porting process. This form has to be scanned and emailed back to CampusCom accounts (accounts@campuscom.ca). Make sure that you have signed the form before sending it back to CampusCom, otherwise your request will not be processed.

c) You hereby authorize CampusCom to notify your local telephone company of your decision to switch your local services to CampusCom and to transfer your telephone number, and represent that you are authorized to take this action;

d) Do not cancel your current service as this may cause your phone number not to be ported/transferred.

e) CampusCom will send confirmation that the number has been successfully ported/transfered and will give you an estimated completion date. You acknowledge and agree that you must successfully install and activate your Equipment prior to the date that the number switch becomes effective (estimated completion date); and

f) CampusCom has the right to refuse to port a number if, in its sole discretion, it does not have the infrastructure to support the number. You remain solely responsible for any charges you incur with the telephone company from which the number is being transferred during the period of the transfer, regardless of delays in completing the transfer caused by any reason by any party.

There is a one-time fee to port your Local Number to CampusCom of $25. Porting a Local Number could take 2-4 weeks from the moment that CampusCom submits the request to the current provider.

2.14 Number Transfer/Portability on Service Disconnection:

You may be able to transfer or port your current number to another service provider. If you ask your new service provider to port a number away from us, and we receive your request from the new service provider, we will terminate our service for that number shortly after notification to CampusCom by the relevant carrier(s) of the successful completion of the port. Once your service is terminated and the port is completed, you will remain responsible for all charges and fees through the end of that Service Term, including any cancellation fees. If a port is unsuccessful for any reason, your service and your agreement with us will not terminate, you will remain a CampusCom customer, and you will continue to be responsible for all charges and fees associated with your CampusCom service.

2.15 Service Distinctions:

The Service is not a traditional telecommunications service and we provide it on a best efforts basis. Things beyond our control may affect the Service, such as power outages, fluctuations in the Internet, your underlying Internet Service Provider (ISP) and/or broadband service. Other things may affect the Service, such as maintenance. CampusCom will act in good faith with a view to minimizing disruptions to your use of and access to the Service. Important distinctions exist between a traditional telecommunications service and our Service, and our Service is subject to different regulatory treatment than a traditional telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

2.16 Ownership and Risk of Loss:

You will own the Equipment and bear all risk of loss of, theft of, casualty to or damage to the Equipment, from the time it is shipped to you.

2.17 Calling Limitations:

CampusCom does not support certain call types offered by traditional phone services, including, but not limited to, 0+ calling (including without limitation collect or third party billing), 900 and 976 calls, and 10-10 "dial-around" calls. The Service may not support 311, 511, and/or other x11 services (other than 911) in some or all Service areas. 411 Service is not available at the present time.

2.18 Change of Number:

You have no property right to any phone number assigned to or used by you. We shall be entitled to change any such number where we determine, in our sole discretion, that such a change is necessary. We shall give you reasonable advance written notice of such a change, except in cases of emergency, where oral notice shall be given.

2.19 Incompatibility with Other Services:

a) Home Security Systems:

The Service may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home. You are responsible for contacting the alarm monitoring company to test the compatibility of any security system with the Service.

b) Certain Broadband, Cable/DSL Modem and Other Services:

You acknowledge that the Service presently may not be compatible with certain broadband services and there may be other services with which the Service may be determined to be incompatible. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties or conditions regarding the compatibility of the Service with any particular broadband service.

2.20 Customer Service:

We offer varying types and levels of customer service depending upon a number of factors, including the Service you are using and the problems you are experiencing. We assume no obligation to provide support services for any third party products or services, or problems with the Service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.

2.21 Network Integrity and Security:

You are expressly prohibited from any use of the Service or any other action that, in CampusCom's sole discretion, is deemed to present a risk to the network integrity or security of CampusCom or its vendors, whether directly or indirectly. CampusCom, in its sole discretion, may terminate your Service without advance notice if it determines your actions could cause a network disruption or security breach.

3. CHARGES/PAYMENTS/TAXES/DISCONNECTION/REFUNDS

3.1 Billing and Fees:

When the Service is activated, you must provide us with a valid email address, physical address, other contact information (found on the sign up page of the website) and have a valid paypal account or credit card with which you can top up (increase the balance of) your CampusCom credit through the secure online client interface. We reserve the right to stop accepting your payment method or your payments. If your payment method expires, you close your account, your billing address changes, or your payment method is cancelled and replaced on account of loss or theft, you must notify us immediately. We will bill all charges, fees, and surcharges for each Service Term on the billing date through the online client interface (except for usage-based charges, which will be billed as they are incurred, and any other charges which we decide to bill in arrears) to your CampusCom account, including but not limited to:

activation fees; Service fees; usage charges; advanced feature charges; premium services/addons; equipment purchases; disconnection fees; and shipping and handling charges.

The amount of such fees and charges shall be published on our website and may change from time to time.

Taxes will be billed and charged, according to government regulations, within Paypal after having completely filled out the necessary form found on Paypal to add credit to your account. Any applicable taxes will be charged on top of the credit amount you choose.

The above fees are defined as follows: Activation Fee - This fee covers charges for setting up your account and activating you on our system. Service Fee - This is the basic monthly charge associated with your service. This fee includes the calling charges defined by your plan, the features associated with your plan and basic account services. Usage Charges – Are per minute charges on any calls made (outgoing and incoming, according to rates found on our website) that are not included in your Service Fee. CampusCom bills Usage Charges in 10 second increments that are rounded up to the next full 10 seconds unless otherwise set forth in the rate schedules found on our website. All calculations and ratings of calls will be performed to one thousandth of a cent (US$x.xxxxx). Final settlements will be rounded up to the nearest whole cent (US$x.xx) for each call. Advanced Features, Addons, Premium Services – CampusCom charges additional fees for enhanced features, addons, and other added products and services. Equipment Purchases - In most instances, Equipment Purchases will be billed to your account through the client interface. You will pay for equipment associated with your CampusCom service with your payment method through the online client interface and Paypal. Taxes - CampusCom is required to bill and collect local, provincial/state and federal taxes imposed on CampusCom customers by the various taxing authorities. CampusCom passes all taxes it collects on to the appropriate taxing authority.

E911 Fees - As per CRTC & FCC requirements, all CampusCom lines are required to be equipped with fully functional, E911 Service. Only our Long Distance Package Plan does not include E911 Service and applicable charges. As a result, an E911 Fee is paid for by CampusCom. Only customers located in Canada or the USA will be able to use this service. Customers will be charged $1.50 monthly for E911 Service.

Shipping Fees - You are responsible for all shipping and handling fees of any Equipment which you receive from or return to CampusCom. Extra charges will appear in your account if you enter a wrong shipping address.

Customs/Import Fees - For customers within Canada there are no import fees. For other countries, the local customs office may charge import fees that are the sole responsibility of the customer. CampusCom is not responsible for any of the charges a customer may incur in importing Equipment purchased from CampusCom. CampusCom is not responsible for any import fees resulting from the customer returning Equipment. Returned equipment carrying fees of any sort will be rejected.

3.2 Billing Disputes:

You must notify us in writing within seven (7) days after a charge is posted to your online client account if you dispute any CampusCom charges or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be directed to CampusCom Accounts Department via one of the following methods:

a) Email: accounts@campuscom.ca

b) Regular mail: Accounts Department, CampusCom, 332 Bank St. PO Box 87010, Ottawa, ON Canada K2P 0X1

c) Telephone: +16139071430

3.3 Payments and Collection:

a) Payment:

Your subscription to the Service requires you to maintain a positive account balance at all times by adding credit to your account through the online client interface and Paypal. You may top up your account by means of a credit card payment or verified bank account payment through Paypal. We will notify you by email when your account balance has fallen below $5 so that you may add credit to your account without disruption of the Service. We may disconnect or temporarily disallow your Service at any time in our sole and absolute discretion if you fail to maintain a sufficient positive credit balance through the online client interface. Once a payment is made and credit is added to your account, CampusCom may reinitiate the Service in our sole and absolute discretion.

b) Collection:

If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and legal fees and expenses.

3.4 Disconnection or Discontinuance of Service:

We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final Service Term charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for all charges through the end of the current Service Term, including unbilled charges, plus a disconnection fee, if applicable, all of which will immediately be due and payable. CampusCom will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus.

3.5 Taxes:

Federal, provincial/state, municipal, local or other governments may assess taxes, surcharges and/or fees on your use of CampusCom service. These charges may be a flat fee or a percentage of your CampusCom charges and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable federal, provincial/state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or Equipment. Such amounts are in addition to payment for the Service or Equipment and will be charged through Paypal as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.

3.6 Disconnection Fee:

You will be charged a disconnection fee of $29.99 USD per voice line if your Service is disconnected subject to applicable federal, provincial/state and/or local laws.

3.7 Refunds on Service:

If you are experiencing constant and irreparable problems with your service, that are not deemed to be related to problems with your internet/broadband connection or other third party devices or services, CampusCom may, in its sole and absolute discretion, offer you a refund on Service and/or other Fees. You may also be able to return Equipment purchased from CampusCom, provided it is done in accordance with section 2.12 of this agreement. Usage Charges will not be refunded under any circumstances.

3.8 Client Incentive Program:

CampusCom's incentive program will credit user's accounts with the sum of $5 for every client that signs up using the aformentioned user's name or email as per their CampusCom account information. New clients cannot mention more than one CampusCom user's name or email address during the sign up process. New sign ups must remain a client of CampusCom for a term of no less than 2 months (60 days) for the credit to remain valid. If the new client cancels their CampusCom account prior to the end of the 2 month (60 day) period, the $5 credit will be reversed.

4. LIMITATION OF LIABILITY/INDEMNIFICATION/WARRANTIES

4.1 Limitation of Liability:

CampusCom will not be liable for any delay or failure to provide the Service, including E911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality, including but not limited to any delay or failure or interruption or degradation of voice quality. Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.

4.2 Disclaimer of Liability for Damages:

In no event will CampusCom, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to you in connection with this agreement or the Service be liable for any direct, incidental, indirect, special, punitive, exemplary, compensatory, or consequential damages, or for any other damages, including but not limited to personal injury, wrongful death, loss of data, property damage, loss of revenue or profits, or damages arising out of or in connection with the use or the inability to use the Service, including inability to access emergency service personnel through the E911 dialing service or to obtain emergency help. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty or condition, product liability, tort (including negligence), intellectual property infringement, strict liability, fundamental breach, breach of a fundamental term and any and all other theories of liability and apply whether or not we were informed of the likelihood of any particular type of damages.

4.3 Indemnification:

You shall defend, indemnify, and save harmless CampusCom, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party or user of the Service, relating to this Agreement or the Services, including, without limitation, E911 dialing, or the Equipment.

4.4 No Warranties on Service:

To the extent permitted by applicable law, CampusCom makes no warranties or conditions, express or implied, including but not limited to, any implied warranties or conditions of merchantable quality, reasonably acceptable quality, fitness of the Service or Equipment for a particular purpose, title or non-infringement or any warranty or condition arising by usage of trade, course of dealing or course of performance or any warranty or condition that the service will meet customer's requirements. without limiting the foregoing, we provide no warranty or condition that the Service or Equipment will be without failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. neither CampusCom 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 this agreement or 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 CampusCom's or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Equipment, if any, by CampusCom or CampusCom's agents are informational and are not given as a warranty or condition of any kind.

4.5 Equipment Warranties:

CampusCom will provide a limited warranty Equipment purchased from us as to manufacturing defects only for a period of one (1) year from the date of purchase. This Equipment limited warranty does not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, does not apply to any defect caused by damage in transit. In order to obtain repaired or replacement Equipment the Customer must include with the returned Equipment a letter stating that the Customer is returning the Device for warranty repair or replacement and stating the nature of the defect. All returns must meet the following return requirements:

a) You return the Equipment with the UPC or bar code intact, together with the original packaging, all parts, accessories, and documentation

b) Return Authorization - Before returning your Equipment to us, you need to obtain a valid return authorization number from CampusCom's Accounts department;

c) Shipping Costs - You pay all costs of shipping your Equipment back to us.

4.6 No Third Party Beneficiaries:

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

4.7 Content:

You will be liable for any and all liability that may arise out of the content transmitted by or to you or any person, whether authorized or unauthorized, using your Service or Equipment (each such person, a "User"). You shall ensure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Service and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide the Service to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content.

5. MISCELLANEOUS

5.1 Governing Law:

The Agreement and the relationship between you and CampusCom is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 5.2, you shall submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario and waive any objection as to venue or inconvenient forum.

5.2 Mandatory Arbitration and No Jury Trial:

Except to the extent contrary to applicable law, any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Equipment will be resolved by arbitration before a single arbitrator administered by a Canadian arbitration organization of our choosing. The arbitration shall take place in Ottawa, Ontario and shall be conducted in English. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any claim or cause of action arising out of or related to the service must be filed within one (1) year after such claim or cause of action arose or be forever barred, except to the extent such a limitation is prohibited by applicable law. All claims shall be arbitrated individually. Except to the extent contrary to applicable law, you shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. This arbitration provision constitutes a waiver of any right to a jury trial and an agreement to be subject to jurisdiction in, and conduct arbitral proceedings in, Ontario.

5.3 No Waiver of Rights:

Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

5.4 Entire Agreement:

This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for the Service found on our website constitute the entire agreement between you and CampusCom and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and CampusCom and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

5.5 Severability:

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

6. CHANGES TO THIS AGREEMENT

CampusCom may change this Agreement from time to time. Any changes will be posted at the Terms of Service section of CampusCom's website. Notice will be considered received by you and any such changes will become binding and effective on the date the changes are posted to the CampusCom website. If you continue to be enrolled in, use, or pay for the service after any changes in the prices, charges, terms, or conditions, you agree to the changes.