Terms and Conditions

M2Ngage Telecommunications II Corp is a provider of equipment, products, and services designed to connect its subscribers to the Internet. Throughout our agreements, we may refer to the equipment, products, and services we offer as “Services” for short.

M2Ngage Telecommunications II Corp’s services are provided by a local subsidiary of

M2Ngage Telecommunications II Corp . A list of states serviced and their applicable subsidiaries are below:

New York / New Jersey: M2Ngage Telecommunications II Corp 

Pennsylvania: M2Ngage Telecommunications II Corp 

Massachusetts: M2Ngage Telecommunications II Corp

Connecticut: M2NGage Telecommunications II Corp

Washington DC: M2Ngage Telecommunications II Corp 

M2Ngage Telecommunications II Corp and its subsidiaries are located at: 1025 Old Country Rd, Westbury, NY 11590 Suite 233

Throughout these Terms and Conditions (the “Terms of Service”), we may refer to any of our entities named above as “M2Ngage Telecommunications II Corp,” “M2Ngage,” or “Company,” and references to M2Ngage Telecommunications II Corp. or M2Ngage (or us/we/our) shall be deemed to refer to the entity from which you have ordered Services.

The Services that you receive from M2Ngage Telecommunications II Corp are subject to any and all terms identified in these Terms of Service, as well as the applicable M2Ngage Telecommunications II Corp Subscriber Agreement, Privacy Policy, Acceptable Use Policy (the “AUP”), Service Level Agreement (the “SLA”) and any services orders you have placed with and, which have been accepted by, M2Ngage (“Service Orders”).  If you have subscribed to voice Services, your Services are also subject to the Voice Addendum at the end of these Terms and Conditions, and the E911 Notice posted at https://m2ngage.com/legal/.  By accepting and using our voice Services, you represent and warrant to us that you have read, understood and agreed to the E911 Notice.

Copies of the Privacy Policy, the AUP, the SLA and the E911 Notice are available online at https://m2ngage.com/legal/

If you are accessing our Services through a third party who has a direct relationship with M2Ngage Telecommunications II Corp, such as a reseller, certain terms below regarding ownership, payments, billing and installation of our Services may not be applicable to you. All other terms, including but not limited to the acceptable usage of our Services and, in the case of voice Services, the E911 Policy, still apply.

By agreeing to our terms, you represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself as well as others who may access or use the Services you ordered.

By placing an order for Service, or using or accessing our Services, you hereby agree to all of our Terms of Service, including the following:

Service Availability & Eligibility 

M2Ngage Telecommunications II Corp does not guarantee the eligibility to receive Services at a particular location or address, and you agree that only M2Ngage Telecommunications II Corp may determine whether or not such Services will be made available.

Usage of Services

You agree not to misuse our services. Our Acceptable Use Policy contains examples of activities that we prohibit. Without limiting the AUP, don’t do anything illegal or improper. Do not try to manipulate the services we provide, or try to degrade our Service for other users.  Do not copy, modify, decompile or reverse engineer any software or other product we provide you as part of the Services, and do not attempt to do so.  Violations of the AUP are considered material breaches of your Agreement with us, and may lead to termination of your Services.

Prohibited Business Usage

Unless we have entered into a written agreement explicitly allowing otherwise, M2Ngage Telecommunications II Corp prohibits the resale, repackagingor other offering of the Services to individuals not directly affiliated with your business.

Service Installation

During the course of a normal installation, you must provide access to numerous areas of your office or other location. You hereby agree to provide all access deemed necessary by M2Ngage Telecommunications II Corp so that wiring, equipment, and any other hardware necessary for the usage of our Services may be installed.

Our installers and technicians will not enter a customer location unless an adult at least eighteen years of age or older is present. Any adult within your office or other location may grant M2Ngage Telecommunications II Corp access to the premises and permission to perform the installation of our Services. You agree that this authorization will have the same effect as if you had authorized the installation yourself.

You agree that M2Ngage Telecommunications II Corp may use any and all existing facilities necessary to aid in the installation of our Services including risers, conduits, shaft ways, and wiring in and around your premises.

if you do not own your premises, the owner or an authorized representative (such as a building manager or landlord) will need to sign a Building Access Agreement which permits M2Ngage Telecommunications II Corp to install our services.

You agree to reimburse M2Ngage Telecommunications II Corp for any costs, including but not limited to: permitting fees, labor, materials, and attorneys’ fees, resulting from the lack of proper authorization for installation.

In order to provide Service to you, M2Ngage Telecommunications II Corp may need to install wiring and/or other hardware; by way of example, we may need to install fiber-optic wiring and provide a device capable of receiving the fiber signals. You agree that the wiring and the device will remain M2Ngage Telecommunications II Corp’s property at all times. You agree to be held liable for the cost of repairing or replacing the wiring and device as a result of damage or negligence.

Service Maintenance

From time to time, M2Ngage Telecommunications II Corp may need to replace the device(s) in your office or residence to improve the quality of service or accommodate for an advancement in technology. You agree to grant M2Ngage Telecommunications II Corp access to perform the replacement on a schedule deemed reasonable by both parties.

Billing & Payment

Installation Fees & Pre-Payment

In addition to the charges for Services, taxes and fees discussed below, you may be required to remit a payment in advance of installation or commencement of Services to M2Ngage Telecommunications II Corp for purposes including but not limited to: a “Network Compliance Fee,” to recover administrative and other costs incurred by M2NGage related to its Internet access service offerings; a “VoIP Administration Fee,” or “VoIP Cost Recovery Fee,” to recover r costs incurred by M2Ngage for fees, contributions and/or charges associated with telecommunications services for the sight and hearing impaired, local number portability, North American Numbering Plan administration, and administrative costs, fees and expenditures related to compliance with Federal and state regulatory programs and annual FCC regulatory fee obligations, along with other carrier and administrative expenses; construction fees; installation fees; activation fees; and pre-order charges.   M2Ngage may, but shall not be required to, post on its website from time to time a description of taxes and/or fees that will be assessed upon its Services.  Voice customers may also see descriptions of some of the fees which may be imposed on voice Services in the Voice Addendum.

Your payment, and our receipt of such payment, does not obligate M2Ngage Telecommunications II Corp to provide any Services to a particular location or address.

Should you fail to perform contractual obligations necessary for M2Ngage Telecommunications II Corp to provide its Services, you may not be eligible for a payment refund. If you cancel your order before M2Ngage Telecommunications II Corp determines that Services will not be delivered, you may not be eligible for a payment refund. If M2Ngage Telecommunications II Corp determines that Services will not be delivered to that location or address for any other reason, M2Ngage Telecommunications II Corp will refund your payment.

Service Charges

You agree to pay for the Services you order or receive in accordance with our billing practices, along with any other charges or fees incurred. M2Ngage Telecommunications II Corp reserves the right to change our prices and fees from time to time.  You are responsible for all taxes, surcharges, levies, or fees assessed on the Services you receive by any governmental body or charged by any wholesale carrier used by M2Ngage to provide those Services, which may include, without limitation, sales or use taxes, federal and state Universal Service Fund fees, Telecommunications Relay Services fees, and E911 fees or taxes. , as well as cost recovery surcharges as permitted by law.

M2Ngage Telecommunications II Corp begins billing for its Services on the day they are installed or otherwise made ready for usage. Any adjustment to the billing date must be agreed upon by you and M2Ngage Telecommunications II Corp, in writing, and before your installation.

Accepted Payment Methods

M2Ngage Telecommunications II Corp accepts the following major credit cards: Visa, MasterCard, American Express, Discover. M2Ngage Telecommunications II Corp also accept payments via Automated Clearing House (ACH) and wire transfer.

Late Fees

Please pay your bill on time. Your bill is due upon receipt.  If you fail to pay your bill within fifteen (15) days of its due date, M2Ngage Telecommunications II Corp reserves the right to charge a late fee in the amount of 7.5% of the balance.

Suspension for Non-Payment

M2Ngage Telecommunications II Corp reserves the right to suspend some or all of the Service(s) it provides to you if you fail to pay your bill in full when due. Accounts with balances greater than 30 days past due are reviewed for possible suspension. M2Ngage Telecommunications II Corp does not charge service reconnection fees, and Services are typically restored immediately upon receipt of payment.

Termination and Cancellation

M2Ngage Telecommunications II Corp reserves the right to terminate some or all of the Services it provides to you at any time, or to cancel or discontinue any Services, in its sole discretion, for any reason, upon thirty (30) days’ prior written notice; provided, that if a Service is discontinued or cancelled due to Force Majeure (as defined under “Miscellaneous” below) or the loss of any required governmental authorizations, M2Ngage may terminate such Services immediately without notice..

Unless explicitly stated in your Service Order, you may upgrade, downgrade, or cancel your services at any time. No refunds (in whole or pro-rated) will be provided as a result of service modifications or cancelations.

M2Ngage Telecommunications II Corp may allow you to pay certain fees or charges in multiple installments. In the event that your Services are canceled or terminated before you have paid the entire fee or charge, you agree to pay any outstanding balances at the time of cancellation or termination.

The Company shall provide the Services from the completion of the installation referred to in section for a minimum period (the “Term”) referenced on the Service Agreement (the “Contract”), subject to renewal as provided below. No Customer may cancel services prior to the expiration of its contract without paying the full amount owed and due through the term of the Contract.

Should Customer desire to cancel / terminate Services the Customer must  provide written notice via overnight courier service (e.g., FedEx or UPS), or Certified Mail Return Receipt, no less than 60 days prior to expiration of Term or the desired date of termination.  If Customer terminates prior to the end of the current Term, Customer MUST make payment in full for the remaining term upon termination. If the Customer subsequently requests M2NGAGE to temporarily reactivate the Service(s) or postpone the proposed termination date, M2NGAGE may, in its sole discretion do so, provided Customer shall pay any and all charges associated with the Service(s) at M2ngage’s then-current rates, plus a twenty (20) percent premium fee in addition to such monthly charges.

 

Automatic Renewal

This Agreement shall automatically renew for a period equal to the lesser of the Term of your Contract or twelve (12) months, unless M2Ngage is notified by the Customer in writing via overnight courier or Certified Mail Return Receipt no less than 60 days prior to expiration of the initial Term, or any subsequent renewal Term. The Company sends renewal notices 30 days prior to expiration of the Term in compliance with New York Consolidated Laws, General Obligations Law – GOB § 5-903 and other applicable laws.

Customer Service

M2Ngage Telecommunications II Corp provides Customer Service via multiple channels.

To speak on the phone with a M2Ngage Telecommunications II Corp representative, you can call us toll-free on (877) 928-3292.

To contact a representative via email, you can email customerservice@M2Ngage2.com.

Alternatively, you may submit a ticket via the www.M2Ngage2.com Customer Portal.

Maintenance and support services are subject to the SLA.

Intellectual Property; Ownership of Service.

Unless otherwise expressly agreed in writing, M2Ngage is and remains the owner or licensee of all intellectual property included in the Services and any software, hardware, equipment or other products provided hereunder.  M2Ngage grants you a limited, non-transferable license or sublicense, as the case may be, during the Term, to use the Services and such software, hardware, equipment or products solely in accordance with, and for the purposes of, the Agreement.  You will not, and will not attempt to, copy, modify, reverse engineer or decompile any Services, software, hardware, equipment or other product.

CUSTOMER’S CONTENT

Customer is solely responsible for the content of all information and communications, whether visual, written, audible, or of other nature, sent, displayed, uploaded, posted, published, or submitted by Customer while utilizing the Service (“Customer’s Content”) and for the consequences of doing so, including any loss or damage to Company or any third parties.  Company has no responsibility to Customer or any third party for Customer’s Content.

Company reserves the right to, but shall have no obligation to, pre-screen, refuse, flag, filter, or remove any of Customer’s Content from the Service at Company’s discretion without notice or liability to Customer or any other party.

Customer shall retain copyright and any other intellectual property rights Customer holds in Customer’s Content.  Customer shall remain solely responsible for protecting and enforcing such rights where applicable.

Customer hereby grants to Company a non-exclusive, worldwide, royalty-free, sub-licensable, transferable, perpetual, irrevocable license to use, modify, adapt, translate, publish, publicly perform, publicly display, reproduce, prepare derivative works of, and distribute Customer’s Content solely for the purpose of providing and distributing the transmission of such Customer Content, as is necessary to the successful provision of the Service to Customer.  Customer represents and warrants that it has all necessary rights, licenses, consents, and permissions to grant such license and permit such use.

Company will endeavor to store Customer’s voicemail, sent or received call logs, and/ or instant messages as part of the Service, however Company is not obligated to do so and Company has no responsibility or liability for the deletion or failure to store any of the foregoing.

OTHER USERS’ CONTENT

Company does not control and shall have no liability or responsibility for the 1) conduct or 2) content of any information and communications, whether visual, written, audible, or of other nature, sent, displayed, uploaded, posted, published, or submitted by other users via the Service, including but by no means limited to advertisements or sponsored content (item (2) collectively referred to as “Other Users’ Content”).

Other Users’ Content may be protected by copyright and other intellectual property rights of such other users or other persons.  Customer shall not copy, modify, rent, lease, sell, loan, distribute, or create derivative works based in whole or part upon Other Users’ Content unless specifically agreed to by the owners of such Other Users’ Content in a separate written agreement with Customer.

It is Company’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United States the Digital Millennium Copyright Act) and to terminate the accounts or subscriptions of repeat infringers.

disclaimer of warranties and Limitation of Liability

Our services are provided on an “as is” and “as available” basis. Neither we, nor our licensors or suppliers make any warranties of any kind with respect to these services. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES of merchantability, fitness for a particular purpose AND NON-INFRINGEMENT. To the extent permitted by law, we exclude all warranties.

Without limiting the generality of the foregoing, you acknowledge and agree:

• Our equipment, products, and services are not guaranteed to work, to be error or virus-free, or to be compatible with any services, equipment or software not provided to you by M2Ngage Telecommunications II Corp or our licensors or suppliers (including customer owned equipment).
• The services and the communications you make using them may not be secure. You are responsible for securing your data and communications. M2Ngage Telecommunications II Corp will not be responsible if any third party gains access to the services, the equipment provided to you, your own equipment, or your data.
• The services may inherently result in damage or loss to your own services, equipment, software, or data. We are not responsible for any such damage or loss. This includes damage or loss resulting from software downloaded or other changes that are made to your own equipment.

Neither we, nor our employees, agents, licensors, or suppliers will be liable to you for any indirect, special, consequential or punitive damages on any claim arising out of or related to your relationship with us, or our provision of the services, whether based on breach contract, tort, violation of law or any other legal theory.  Customer will only be entitled to direct damages caused by our uncured breach of this Agreement, up to an amount equal to Customer’s monthly recurring charges for the twelve (12) months immediately preceding the date on which Customer notified Company of such breach.

Choice of Law & Venue

Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of the State of New York, without regard to principles of conflict of laws. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.

Dispute Resolution Procedure

We want to resolve any dispute quickly, fairly, and professionally. You and M2Ngage Telecommunications II Corp agree to the following dispute resolution procedure.

In the event of any controversy, claim, action, or dispute arising from or related to: 1. our website; 2. our agreements; 3. our services; 4. the breach, enforcement, interpretation, or validity of our agreements; 5. any other dispute between you and M2Ngage Telecommunications II Corp, the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party (by overnight courier or first class mail) describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 30 days in which to respond to or settle the dispute or, except as provided elsewhere herein, to cure the alleged breach. Notice shall be sent to (1) if to M2Ngage Telecommunications II Corp or its subsidiaries at: 1025 Old Country Rd, Westbury, NY 11590 Suite 233 or (2) if to you at: your last-used billing address.

Both you and M2Ngage Telecommunications II Corp agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.

No Mandatory Arbitration & No Class Action

You and M2Ngage Telecommunications II Corp agree that any dispute or claim, including without limitation, statutory, contract or tort claims, relating to or arising out of this Agreement or the alleged breach of this Agreement shall, upon timely written request of either party, be submitted to binding arbitration. The party asserting the claim may elect to have the arbitration be in-person, telephonic or decided based only on written submissions. Notwithstanding the foregoing, M2nGage at its discretion may chose not to arbitrate and file litigation in a Court of competent jurisdiction in the event that Customer (a) fails to timely pay any amount due hereunder, (b) violates the AUP, or (c) engages in any other act or omission that violates the intellectual property rights of Company or its licensors or interferes with the operation of the Services.  Customer agrees that claims arising under or related to the foregoing subparagraphs (b) and (c) would cause irreparable damage to M2Ngage, for which monetary damages would not be sufficient, and therefore M2Ngage shall be entitled to temporary or permanent injunctive relief, without the necessity of posting bond, in addition to all other remedies available to it at law, in equity or hereunder.

Subject to M2Ngage’s right to forego arbitration, the arbitration shall be conducted in the County and State of New York. The arbitration shall proceed in accordance with the commercial arbitration rules of the American Arbitration Association (”AAA”) in effect at the time the claim or dispute arose. The arbitration shall be conducted by one arbitrator from AAA or a comparable arbitration service who is selected pursuant to the applicable rules of the AAA. The arbitrator shall issue a reasoned award with findings of fact and conclusions of law, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Either you or M2Ngage Telecommunications II Corp may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement, or to enforce or vacate an arbitration award. Each party shall bear its own costs in connection with any suit or arbitration.

You and M2Ngage Telecommunications II Corp waive any right to a trial by jury.

No claim subject to this provision may be brought as a class or collective action, nor may you assert such a claim as a member of a class or collective action that is brought by another claimant.

, The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Limitation of Actions.

Actions on disputes between the parties must be brought in accordance with these Terms of Service within one (1) year after the cause of action arises.

 

MISCELLANEOUS

The parties will observe all applicable laws and regulations, including export and re-export laws and regulations, when using the Service.

Company may assign the Agreement to any of its affiliated entities or to any entity to which Company may sell, transfer, convey, assign or lease all or substantially all of the assets or properties used in connection with its performance under the Agreement.  Any other assignment of the Agreement or any rights or obligations under the Agreement without the express written consent of the other party will be invalid.  Company may partner with others or subcontract any or all of its obligations under the Agreement, but will retain its responsibility to Customer for the timely performance of the work necessary to the provision of Service properly paid for by Customer.

Neither party will be liable for any delay or failure in performance to the extent the delay or failure is caused by events beyond the party’s reasonable control, including without limitation, fire, flood, Act of God, explosion, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, civil or military authority, and inability to secure materials, systems, subsystems, components, underlying services or transportation facilities (“Force Majeure”).

Any notice required or permitted under this Agreement shall be deemed properly made when delivered by email, facsimile, messenger, overnight courier, or mailed via Certified or Registered Mail (Return Receipt Requested) if to Customer:  to the information Company has on file; and if to M2Ngage to its address listed under the Dispute Resolution section of these Terms of Service.  Notices will be considered effective when sent or posted.

The Agreement, including these Terms of Service, any Addenda or attachments, the SLA, the AUP and, if applicable, the E911 Notice,, constitute the entire understanding of the parties with respect to the subject matter of the Agreement and will supersede all previous and contemporaneous communications, representations or understandings, oral and/or written, between the parties relating to that subject matter and will not be contradicted or supplemented by any prior course of dealing between the parties.  If any provision of the Agreement is determined to be unenforceable or invalid by court decision, the Agreement will not be rendered unenforceable or invalid as a whole, and the original unenforceable provision will be changed only minimally as required for it to be enforceable and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law.  The failure of either party to assert any of its rights under the Agreement, including, but not limited to, the right to terminate the Agreement in the event of breach or default by the other party, will not be deemed to constitute a continuing or permanent waiver by that party of its right to enforce each and every provision of the Agreement in accordance with their terms.

Company may modify these Terms of Service, the Voice Addendum, and/or the policies referenced herein from time to time.  Except as provided in the foregoing sentence, the Agreement may not be modified except in a written instrument signed by the parties.

VOICE ADDENDUM

This Voice Addendum applies to the Company’s provision of Voice over Internet Protocol services (“VoIP Services” or “Voice Services”) to Customer.  This Voice Addendum is made a part of the Terms and Service, and the Terms of Service shall govern the Voice Services, except that in the event of an actual conflict between the Terms of Service and this Voice Addendum, the Voice Addendum shall control as to Voice Services only. Capitalized terms not defined in this Voice Addendum will have the meaning attributed to them in the Terms of Service.

1. USE OF THE SERVICE
   • Customer acknowledges and agrees that it has read, understood and agrees to the E911 Notice posted at https://m2ngage.com/legal/.
   • System Requirements. In order to use the Voice Service, Customer must, at Customer’s own expense, provide and utilize one or more industry-standard, Voice Service compatible devices, high speed broadband access, and certain software, and may be required to obtain updates or upgrades to the foregoing from time to time.  Customer’s ability to use the Voice Service may be affected by the performance of these items.  Customer acknowledges and agrees that system requirements for the Voice Service may change from time to time and that adherence to the system requirements is Customer’s responsibility.  Customer is responsible for ensuring that its networks and systems are adequately secured against unauthorized intrusion or attack and for regularly backing up its data and files in accordance with good computing practices.
   • Customer is required to register prior to using the Voice Service.  Customer agrees that any registration information shall be accurate, correct, and up to date, and Customer agrees to maintain and promptly update its registration information, including but not limited to the physical location of each user.  Customer and/or its representative must be of legal age to enter into a binding contract in order to register for the Voice Service.  Customer shall be responsible for maintaining the security of any required user names and passwords (including both for the Account Administrator and users), and shall not disclose them to any third party.  Customer shall be solely responsible to Company for all activities that occur under Customer’s account or subscription, including any unauthorized use.  Customer agrees to notify Company immediately via [method(s) of contact] upon becoming aware of any unauthorized use of Customer’s password, account, or subscription.
   • Company’s Privacy Policy is located at https://m2ngage.com/legal/.  Customer agrees to the use of Customer’s data in accordance with the Privacy Policy.  Without limiting the generality of the foregoing, Company may provide its third party providers and referral companies who provide Company services related to the Voice Service with certain Customer data such as Customer name, address, and number of subscribers, however, under no circumstances will such information include any personally identifiable information that Customer has not agreed to be provided to such third parties.
   • Scope of Use/ Fair Usage. Customer shall use the Voice Service only as permitted in the Agreement, the AUP, and in accordance with applicable laws and regulations, including but not limited to laws regarding the export of data or software.
   • Prohibited Uses. Customer agrees not to use the Voice Service in a manner that is actually or potentially libelous, threatening, harmful, harassing, indecent, obscene, in violation of the intellectual property rights of any party, or is otherwise unlawful under any applicable law or regulation.  Customer agrees not to engage in any activity that interferes with or disrupts the Voice Service or associated servers, networks, or software; prevents or restricts other customers from using the Voice Service; or damages any Company or third party property.  Customer agrees not to reproduce, duplicate, copy, sell, trade, or resell the Voice Service provided under Customer’s account(s).  Customer agrees not to use the Voice Service for autodialing or predictive dialing; continuous or extensive call forwarding; constant dialing; iterative dialing; fax broadcast; fax blasting; junk faxing; fax spamming; transmitting broadcasts or recorded material; sending unsolicited messages or advertisements; telemarketing; sending bulk and/ or junk email, voicemail, or faxes; call center operations or other bulk call-in lines; taking any action to attempt to mislead others as to the identity of the sender or the origin of any communication; or any other activity outside the scope of reasonable internal business usage.  Customer agrees not to (1) re-classify or re-originate traffic or take any other action to intentionally make traffic appear as if it:  (i) is anything other than the type of traffic delivered to such called party (including but not limited to making TDM originated traffic appear to be IP originated) or (ii) originated from a place or on a type of equipment different from the place or type of equipment from where it, in fact, originated; or (2) modify, alter, or delete in any manner calling party number information, originating point codes, or any other signaling information or call detail in connection with the transport and termination of traffic to the called party.  Customer agrees not to access or attempt to access the Voice Service by any means other than the interface provided by Company, including but not limited to any automated means such as the use of scripts or web crawlers.  Customer agrees not to use any trademark, service mark, trade name, or logo of any company or organization in conjunction with the Voice Service in a manner that is likely or intended to cause confusion about the owner or authorized user of such mark, name, or logo.
   • Company’s Remedies for Prohibited Use. Company may take any lawful action it deems appropriate with respect to prohibited use of the Voice Service or other use of the Voice Service that it deems to be inappropriate, in violation of this Agreement, or potentially disruptive to the Voice Service or Company’s network, Company’s rights and interests, or the rights of other customers.  Company’s Remedies for Customer’s prohibited use of the Voice Service, includes but is not limited to issuing warnings; terminating Customer’s Voice Service, subscription, accounts, or users; disabling access to or suspending the Voice Service, subscription, or accounts; or increasing the monthly rates charged Customer for the period of Customer’s prohibited use and the remainder of the Agreement’s term.  Company may take such action without notice or liability to Customer or any other party, although Company shall have no obligation to take any such action.

2. Customer Proprietary Network Information.

In the normal course of providing services to its users and customers, Company collects and maintains certain customer proprietary network information (“CPNI”) typical to the industry.  CPNI includes the types of telecommunications and interconnected VoIP services Customer currently purchases or subscribes to, how Customer uses those services (for example, Customer’s calling records), and billing information related to those services.  Customer’s M2Ngage telephone number, name, and address do not constitute CPNI.  Company does not sell, trade, or otherwise share Customer’s CPNI with anyone outside of Company and those parties authorized to represent Company to offer Company’s services or to perform functions on Company’s behalf related to our services, except as the law may require or Customer may authorize.  Federal law generally permits Company to use CPNI in its provision of the telecommunications and interconnected VoIP services Customer purchases or subscribes to, including billing and collections for those services.  Company may also use or disclose Customer CPNI for legal or regulatory reasons such as to respond to a court order, to investigate fraud, to protect Company’s rights or property, to protect against the unlawful use of Company services, or to protect other users.

Customer may elect to prohibit Company’s use of Customer’s CPNI to market services other than services of the same type that Customer already purchases from Company by providing Company with Customer’s “opt-out” notice within thirty (30) calendar days of Customer’s Voice Service commencement by sending an email to VoIPSupport@m2ngage2.com stating that Customer opts out of marketing uses of its CPNI, and including the Customer name and its M2Ngage phone number(s).  Please type “CPNI Opt-Out” in the subject line.  If Customer fails to do so within such timeframe, Customer will be deemed to have given Company consent to use Customer’s CPNI to markets other than services of the same type that Customer already purchases from Company.  Customer may change its election at any time by providing notice to Company at VoIPSupport@m2ngage2.com.  Restricting Company’s use of Customer CPNI will not affect Company’s provision of any service, nor will it necessarily eliminate all types of Company marketing.

3. REGULATORY FEES.

In addition to the payment terms contained in the Terms of Service, Company may charge Customer the following regulatory fees:

1. Federal and State Universal Service Fee. Company is required to make contributions to the Federal and certain state Universal Service Funds (USF), which provide support to promote access to telecommunications services at reasonable rates for those living in rural and high-cost areas, income-eligible consumers, rural health care facilities, and schools and libraries. Company is permitted but not required to recover such costs from its customers.  The Federal Communications Commission sets the Federal USF rates on a quarterly basis.  USF rates are subject to change each quarter.
2. b. 911 Fee. This fee is imposed by local governments to help pay primarily for the handling of calls for emergency services such as fire and rescue.
3. 911 Service Fee. Company may charge a per-DID/ phone number fee to recover Company’s costs directly associated with providing 911 and E911 to its customers.
4. Regulatory Recovery Fee. Company may charge a monthly regulatory recovery fee to offset costs it incurs in complying with obligations imposed by, and inquiries made by, federal, state, and municipal regulatory bodies/governments and related legal and billing expenses. This fee is not a tax or charge required or assessed by any government.  If assessed by Company, the regulatory recovery fee will apply to every directly dialable telephone number (in certain cases referred to as DID-phone numbers) assigned to Customer, including toll free and virtual numbers.
5. e. Other Fees. Customer agrees to pay any other fees that may be levied on the Voice Services which are chargeable to customers by any governmental authority.

 

4. DID NUMBERS

When supply is sufficient, Company will make available to Customer a list of DID/ telephone numbers from which Customer may choose their DID/ telephone numbers.  Customer will not be the owner of any DID/ telephone number (including fax numbers) assigned to Customer by Company, and Customer will not transfer or attempt to transfer its number(s) to anyone else (except as provided in Section 5.2 below with respect to Porting Out).  Company reserves the right to change, cancel, withdraw, or move such numbers at its sole discretion immediately upon notice.  Customer will surrender all rights to the DID/ telephone numbers and fax numbers upon termination of Customer’s Voice Service if they have not been ported out in accordance with Section 5.2 below prior to such termination, and the numbers assigned to Customer may be reassigned upon termination of Customer’s Voice Service.  Company will not be liable for any direct or indirect damages or incidental costs arising out of such reassignment.

5. LOCAL NUMBER PORTABILITY

5.1 Porting In.  Customer may elect to port an existing DID/ telephone number to Company (“Port-In”) for use with the Voice Service.  In the event Customer elects to Port-In a number, Customer must first select a temporary number from the list of DID/ telephone numbers Company presents to Customer at the time Customer orders the Voice Service, which will be used until the Port-In is complete.  Company will support all valid requests and will cooperate with Customer to perform any Port-In in accordance with Customer’s reasonable directions and Company’s operating procedures.  Neither Company nor its providers are responsible for any delay, rejection, or false processing of Port-In requests to the extent such delay, rejection, or false processing is attributable to Customer, Customer’s prior provider, or any third parties.

5.2      Porting Out.  Customer or a third-party provider acting as agent on behalf of Customer (“Requesting Party”) may request that Company port a number assigned to Customer by Company to a third party provider (“Port-Out”).  Company will support all such requests and will promptly cooperate with the Requesting Party to perform any Port-Out in accordance with the Requesting Party’s reasonable directions and Company’s standard operating procedures.  In the event of any Port-Out, Customer agrees that until such time as the Port-Out is complete and Customer terminates the Voice Service for such DID/ telephone number, Customer shall remain bound by the terms of this Agreement related to that DID/ telephone number.  Once the Port-Out is complete, Customer must terminate the Voice Services associated with such ported DID/ telephone number in order to stop incurring charges for such DID/ telephone number.  Customer recognizes and agrees that in the event of a Port-Out Customer shall remain responsible for paying the required monthly service fees in accordance with the Terms of Service.

6. 711 DIALING

The Voice Service allows dialing 711 to reach Telecommunications Relay Services (TRS).  In the event the user’s registered location is not the same as the user’s geographic location, 711 calls may not be routed to the correct TRS center for the user’s location.

7. Service Exclusions

The Voice Service does not include directory listings and operator and directory assistance and does not support 976 or 900 calls.  The Voice Service may not support 311, 411, 511, or other X11 calling (other than 911 and 711 as detailed in this Agreement) in all or certain service areas.