Spectrum Business Hosted Voice, Hosted Voice for Hospitality, Hosted Call Center, and Unified Communications (collectively, "Hosted Communications Services")
DESCRIPTION OF SERVICES:
Voice Services:
• Spectrum Business Voice Service: If Customer selects to receive Spectrum Business Voice Service, Customer will receive voice service consisting of one or more lines or connections and a variety of features, as described more fully in the applicable order for Service and Price Guide.
Spectrum Business Hosted Communications Services:
• Hosted Voice Service: If Customer selects to receive Hosted Voice Service delivered over fiber or coax, Customer will receive a combination of (i) voice service consisting of one or more telephone lines, (ii) a variety of features, and (iii) voice service technical assistance.
• Hosted Voice for Hospitality Service: If Customer selects to receive Hosted Voice for Hospitality Service delivered over fiber or coax, Customer will receive a combination of (i) voice service consisting of one or more telephone lines, (ii) a variety of features, and (iii) voice service technical assistance. Customer may also receive Property Management System integration and other services, including a variety of features, as described more fully in the applicable order for Service and Price Guide.
• Hosted Call Center: If Customer selects to receive Hosted Call Center Service, Customer will receive a combination of (i) voice service consisting of one or more telephone lines, (ii) a variety of features, and (iii) voice service technical assistance, as described more fully in the applicable order for Service and Price Guide.
• Unified Communications Service: If Customer selects to receive Unified Communications Service features that are added onto a Spectrum Business Hosted Voice Service, Customer will receive a combination of (i) instant messaging and presence service, (ii) video calling service, (iii) desktop sharing service, and (iv) web collaboration service, as described more fully in the applicable order for Service. Unified Communications Services are available in personal computer and mobile phone or tablet application formats where features, functionalities, and capabilities will differ based on the device used to access the Unified Communications Service. Changes made to either the features, functionalities, or capabilities, or to the application user interface formats shall be in Spectrum Business' sole discretion.
• Spectrum Business Connect with RingCentral:
If Customer selects Spectrum Business Connect with RingCentral, Customer will receive a combination of (i) instant messaging and presence service, (ii) communication services (phone and/or video calling service with optional add-on features), (iii) desktop sharing service, (iv) conferencing, and (v) web collaboration service, as described in the Spectrum Business Connect with RingCentral Terms of Service and in the applicable order for Service. Spectrum Business Connect with RingCentral is subject to availability, the terms and conditions of the Spectrum Business Services Agreement, and these Service Terms, including Section 17 below.
COMMUNICATIONS SERVICES TERMS AND CONDITIONS:
Unless specifically set forth herein, capitalized terms shall have the meaning set forth in the Spectrum Business Services Agreement. Customer's use of the Spectrum Business Voice Services and Hosted Communications Services (collectively, "Communications Service") is subject to the following additional terms and conditions:
1. Availability of Facilities and Service Modifications:
a. Services and associated products, facilities, equipment, features and functions will be available in accordance with these Service Terms, where technically and operationally feasible. The quantity of business lines for each Service Location is dependent on the technical feasibility at that specific location. Additional construction and facilities may be required to provide requested Communications Services at Customer's expense. Customer must pay for any special construction prior to the activation of service and/or cancellation of contract.
b. Spectrum Business is not obligated to provide Communications Services if Customer intends to or uses the Communications Services (i) to interfere with or impair any service over any facilities and associated Equipment or impair the privacy of any communications over such facilities and associated Equipment; (ii) to sell, resell, sublease, assign, license, sublicense, share, provide, or otherwise utilize in conjunction with a third party (including, without limitation, in any joint venture or as part of any outsourcing activity) the Communications Services or any component or combination thereof; or (iii) in any manner that results in non-standard calling patterns or practices, including but not limited to, use of the Communications Service for high-volume auto-dialing, continuous or extensive call forwarding, high-volume telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting for services with unlimited local and long distance calling plans, and PBX hacking or modem hijacking resulting in excessive usage of long distance service (collectively, "Prohibited Use"). In addition, Prohibited Use shall include augmentation of the Communications Service or Communications Services features, in any way as to change the functionality of the Communications Services or its component features in any manner that is inconsistent with standard commercial calling patterns and practices or these Service Terms. Such non-standard calling patterns and practices include, but are not limited to, use of three-way calling, or call forwarding, that results in unusually high traffic volumes or excessive long distance usage. A non-standard calling pattern may also include, when Customer's long distance calling minutes from (i) calls terminating to Alaska, (ii) calls terminating to Guam, (iii) calls terminating to a conference calling service operating in areas with high carrier access rates (e.g., rates that carriers pay one another for network use), or (iv) calls terminating to a chat line service, in the aggregate exceed ten percent (10%) of Customer's total long distance minutes in any one-month billing cycle.
c. Spectrum Business may, from time to time, offer additional Communications Service features or functionality, or discontinue certain Communications Service features or functionality. Information about these features or functions will be available in the applicable Price Guide at https://www.spectrum.com, under "Terms of Voice Service/Policies." These additional Communications Services, features or functions may be subject to additional specific terms and conditions, and may be subject to change at any time by Spectrum Business.
d. Please refer to https://www.spectrum.com to find availability of Communications Services.
2. Voice Modem: Communications Services may require a voice modem. If required, Spectrum Business will supply a voice modem for so long as Customer remains a Communications Service subscriber. Depending on the Communications Service plan, there may be a monthly charge for the voice modem. Upon termination of Communications Service for any reason, Customer shall return the Spectrum Business-supplied voice modem within thirty (30) days or Customer will be charged an equipment fee equal to the fee charged by Spectrum Business at the time the voice modem was supplied by Spectrum Business. An exception to this return policy is when the modem is also supporting Internet service, in which case Customer may continue to use the modem until such time as Internet is no longer provided or Spectrum Business requests a substitution of the modem.
3. Communications Service Limitations:
a. Unavailable Services; Call Blocking and Fraud. Spectrum Business does not offer or provide certain operator-assisted services such as dial around services (10-10-XXX), pay services, and third-party billing. Spectrum Business may use network management practices to block calls that have unassigned, invalid, or fraudulent numbers, that are identified as spam or malicious, that have suspicious calling patterns, or as otherwise permitted by applicable law. Calls blocked using these network management practices will not be delivered to Customer. Spectrum Business also blocks access to calls with 900 and 976 area codes and to international chat lines. Spectrum Business will initiate international call blocking if Customer's excessive use of international toll has surpassed the threshold set by Spectrum Business and/or Customer's account is delinquent. Notwithstanding any other provision of the Services Agreement or these Service Terms, Spectrum Business may block calls which (i) are made to certain countries, cities, or central office exchanges, or (ii) use certain authorization codes, as Spectrum Business, in its sole discretion, deems reasonably necessary to prevent unlawful or fraudulent use of Communications Services.
b. Service Outages. Communications Service modems are electrically powered and will not work in a power outage or if the required broadband connection is disrupted or not operating. In the event of power outages, the modem, including all phones and Services connected to or powered by it, will not work. Power outages will disrupt Enhanced 911 ("E911") service and the use of Communications Service as the connection between a security system and central monitoring services. Spectrum Business may supply Customer with a battery backup for use in the event of a non-network related outage. COMMUNICATIONS SERVICE DOES NOT HAVE ITS OWN POWER SUPPLY. IF THERE IS A POWER OUTAGE, OR IF THERE IS A DISRUPTION TO THE SPECTRUM BUSINESS NETWORK OR FACILITIES, COMMUNICATIONS SERVICE WILL NOT WORK. CUSTOMER ACKNOWLEDGES THAT IN SUCH CASES IT WILL NOT BE POSSIBLE TO PLACE OR RECEIVE CALLS INCLUDING CALLS TO ACCESS EMERGENCY 911 SERVICES.
c. Security Systems. Although Spectrum Business will supply a connection that will allow the operation of Customer's existing security system, Spectrum Business does not guarantee that any such system will be in complete operational order following the installation of Communications Service. As such, it is Customer's obligation to contact their security system provider to inform them of the Communications Services installation, and any change in phone number, and to request a complete operational test of their system immediately following installation of the Communications Services. In addition, it is Customer's responsibility to test their system on a regular basis. Spectrum Business does not represent that Service is fail-safe. Customer is solely responsible for obtaining such testing, ensuring that such testing is completed in a timely manner, and confirming that the security system and any related Customer Equipment at the Service Location connected to the Communications Service operate properly. Customer is solely responsible for any and all costs associated with this activity. In addition, Spectrum Business prohibits the use of Communications Service as the connection between medical alert systems and a central monitoring station, and will neither connect to such services nor provide technical support for the connection.
4. Use of Services. Customer is solely responsible for: (i) prevention of Prohibited Use and unauthorized, unlawful, or fraudulent use of, or access to, Communications Services, which use or access is expressly prohibited; and (ii) administration and non-disclosure of any authorization codes provided by Spectrum Business to Customer. Spectrum Business may require Customer to immediately shut down its transmission of signals if Spectrum Business concludes, in its sole discretion, that such transmission is a Prohibited Use or causing interference to other customers or with other transmissions generally.
a. Spectrum Business reserves the right (i) to refuse to provide, discontinue, or temporarily suspend Communications Services to or from a Service Location where the necessary facilities or equipment are not available under terms and conditions reasonably acceptable to Spectrum Business, or (ii) to limit or block Communications Services to and from any Service Location or the use of any authorization code, without any liability whatsoever, in the event that Spectrum Business detects or reasonably suspects either (a) Prohibited Use or fraudulent, or unlawful use of the Communications Services, or use of the Communications Service in violation of the Services Agreement or these Service Terms, or (b) consumption of Communications Services in excess of the credit limit (if any).
b. Customer’s outgoing calls must use an active, valid telephone number assigned to Customer. Use of invalid or unassigned telephone numbers are prohibited for outgoing calls. Customer is responsible for (i) securing its Customer Equipment against placement of fraudulent calls, and (ii) ensuring that the Customer Equipment is not being used for any Prohibited Use or fraudulent use or access with Communications Services. Customer shall be responsible for payment of all applicable charges for Communications Services and charged to Customer's accounts, even where those calls are originated by fraudulent means either from Customer's Service Location or from remote locations. Spectrum Business is not liable for any damages, including toll usage charges, Customer may incur as a result of the unauthorized use of its telephone facilities. This unauthorized use of Customer's facilities includes, but is not limited to, the placement of calls from the Service Location, and the placement of calls through Customer Equipment that are transmitted or carried on Spectrum Business' Network. Customer shall ensure that all uses by Customer, whether authorized by Customer or not, of the Spectrum Business Equipment or the Communications Services installed at the Service Location comply with all applicable laws, rules, regulations, and the Services Agreement (including these Service Terms).
c. Spectrum Business has the right to limit the Communications Service to reasonable quantities of minutes and messages used or consumed by Customer to prevent Prohibited Use and to maintain a high level of service for other Spectrum Business customers.
5. Access to Telecommunications Relay Communications Service: Telecommunications Relay Service ("TRS") enables deaf, hard-of-hearing or speech-impaired persons who use a Text Telephone or Caption Telephone (collectively, "TDD") or similar devices to communicate with the hearing population not using TDD. It also allows the hearing population not using a TT to communicate with deaf, hard-of-hearing or speech-impaired persons who do use a TDD. Customer will be able to access the state provider to complete such calls by either dialing the applicable telephone number directly or by dialing the number 711, where available. Spectrum Business may bill Customer a monthly surcharge in order to fund the TRS system.
6. 911 Services:
a. CUSTOMER ACKNOWLEDGES THAT THE VOICE-ENABLED FIBER CONNECTION, CABLE MODEM, INTEGRATED ACCESS DEVICE ("IAD") OR OTHER SPECTRUM BUSINESS EQUIPMENT USED TO PROVIDE COMMUNICATIONS SERVICE ARE ELECTRICALLY POWERED AND THAT COMMUNICATIONS SERVICE, INCLUDING THE ABILITY TO ACCESS 911 AND E911 SERVICES AND ALARM, SECURITY, AND OTHER MONITORING SERVICES, MAY NOT OPERATE IN THE EVENT OF AN ELECTRICAL POWER OUTAGE OR A SPECTRUM BUSINESS NETWORK SERVICE INTERRUPTION, OR A THIRD PARTY NETWORK SERVICE INTERRUPTION IF THE COMMUNICATIONS SERVICE IS PROVIDED AS AN OVER-THE-TOP OR OFF-NET (TYPE II) SERVICE USING A THIRD PARTY'S NETWORK. CUSTOMER ALSO ACKNOWLEDGES THAT, IN THE EVENT OF A POWER OUTAGE AT A SERVICE LOCATION, ANY BACK-UP POWER SUPPLY PROVIDED WITH A SPECTRUM BUSINESS-PROVIDED VOICE-ENABLED CABLE MODEM, IAD, OR OTHER SPECTRUM BUSINESS EQUIPMENT USED IN DELIVERING THE COMMUNICATIONS SERVICE MAY ENABLE SERVICE FOR A LIMITED PERIOD OF TIME OR NOT AT ALL, DEPENDING ON THE CIRCUMSTANCES, AND THAT THE USE OF A BACK-UP POWER SUPPLY DOES NOT ENSURE THAT COMMUNICATIONS SERVICE WILL BE AVAILABLE IN ALL CIRCUMSTANCES. CUSTOMER SHALL ADVISE EVERY END USER OF COMMUNICATIONS SERVICE THAT SPECTRUM BUSINESS VOICE-ENABLED CUSTOMER EQUIPMENT IS ELECTRICALLY POWERED AND, IN THE EVENT OF A POWER OUTAGE OR SPECTRUM BUSINESS NETWORK SERVICE INTERRUPTION, COMMUNICATIONS SERVICE AND 911 OR E911 MAY NOT BE AVAILABLE. CUSTOMER SHALL DISTRIBUTE TO ALL END USERS OF COMMUNICATIONS SERVICE LABELS/STICKERS (TO BE SUPPLIED BY SPECTRUM BUSINESS) AND INSTRUCT ALL END USERS OF COMMUNICATIONS SERVICE TO PLACE THEM ON OR NEAR THE EQUIPMENT USED IN CONJUNCTION WITH THE COMMUNICATIONS SERVICE.
b. Customer is not permitted to move Spectrum Business Equipment from the Service Location in which it has been installed. If Customer moves any of the voice-enabled cable modem, IAD, or other Spectrum Business Equipment to an address other than the Service Location identified on the order for Service, calls from the modem, IAD, or other Spectrum Business Equipment to E911 will appear to E911 emergency service operators to be coming from the Service Location identified on the order for Service and not the new address. Customer shall be solely responsible for directing emergency personnel at the customer premises at each Service Location. ADDITIONALLY, COMMUNICATIONS SERVICE, INCLUDING ANY SERVICE AVAILABLE IN PERSONAL COMPUTER, MOBILE PHONE, OR TABLET APPLICATION FORMATS (I.E.,"SOFT PHONE SERVICE"), DOES NOT SUPPORT 911 CALLING FROM ANY LOCATION OUTSIDE THE UNITED STATES, AND USERS OF COMMUNICATIONS SERVICE WILL BE UNABLE TO USE OR ACCESS 911 OR E911 EMERGENCY CALLING SERVICE FROM SUCH LOCATIONS.
c. Customer will be notified by Spectrum Business as to whether the Communications Service to which Customer subscribes includes the capability to support E911 service from multiple locations or from a location other than the Service Location. Customer agrees that Spectrum Business will not be responsible for any losses or damages arising as a result of the unavailability of Communications Service, including the inability to reach 911 or other emergency services, the inability to contact a security system or other monitoring service provider or any failure or fault relating to Customer Equipment, facilities or services, the use of third-party enterprise 911 solutions, or Customer's attempt to access Communications Service from a remote location.
d. In some geographic areas, Communications Service does not provide the capability to support E911 service from any location other than the Service Location. In those areas, if Customer intends to assign telephone numbers to one or more locations other than the Service Location, Customer shall obtain from the incumbent LEC, a competitive LEC, or Spectrum Business a local telephone line or lines and ensure that (i) the address(es) associated with the additional location(s) are loaded into the 911 database by the provider of the local telephone line(s) such that 911 calls will deliver to the 911 answering point the actual location and address of the 911 caller and (ii) all 911 calls originated from the additional location(s) are transported and delivered over those local telephone lines. IN SUCH AREAS, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SPECTRUM BUSINESS, ITS AFFILIATES, ITS SERVICE PROVIDERS AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST THIRD PARTY CLAIMS, LIABILITIES, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' AND OTHER PROFESSIONALS' FEES, ARISING OUT OF OR RELATING TO 911 CALLS MADE BY END USERS OF THE COMMUNICATIONS SERVICE FROM LOCATIONS OTHER THAN THE SERVICE LOCATION.
e. Customer shall not use the Communications Services, or allow the Communications Services to be used, (i) to provide 911 or E911 services; (ii) route 911 or E911 traffic to any public safety answering point, statewide default answering point, or appropriate local emergency authority or emergency responders; or (iii) for any automatic location information services related to E911 or in any other manner that would cause, or be likely to cause, Spectrum Business to qualify as a "Covered 911 Service Provider" as defined in 47 C.F.R. §9.19 or any successor provision of the rules of the Federal Communication Commission. Any breach of this provision shall constitute a material breach of the Services Agreement.
f. CUSTOMER ACKNOWLEDGES THAT SOFT PHONE SERVICE SOFTWARE OR APPLICATIONS ARE NOT A REPLACEMENT FOR MOBILE OR FIXED LINE VOICE SERVICES, AND MAY NOT PERMIT USERS OF COMMUNICATIONS SERVICE TO MAKE 911 OR OTHER EMERGENCY CALLS. CUSTOMERS SHALL PROVIDE ALL ALTERNATIVE COMMUNICATIONS OPTIONS TO ENABLE USERS OF COMMUNICATIONS SERVICE TO MAKE 911 AND OTHER EMERGENCY CALLS WHEN USING SOFT PHONE SERVICE SOFTWARE OR APPLICATIONS. Notwithstanding the preceding, if Customer ordered Soft Phone Service on or after February 16, 2020, Customer will have 911 calling capability with its Soft Phone Service beginning on January 6, 2022 if Customer's software and Service are properly installed, configured and updated. Customer understands that such Soft Phone Service, including 911 calling capability, will not function properly unless correct and valid address information has been entered into the Soft Phone Service that reflects the application and/or associated device location. Customer further understands that such Soft Phone Service will not function or will not function properly: (i) if a user attempts a 911 call from a location different than the address provided in the Soft Phone Service or application; (ii) during any disruption of power or internet connectivity at the user's location; (iii) during any period of Services or E911 outage or failure beyond Spectrum Business' control; (iv) if incorrect or invalid address information is provided, or if such information is not updated by user, in the event of a change in user's location; (v) if user's equipment fails to function, is not properly configured, or is defective; or (vi) if instructions, requirements or obligations for proper operation of the Soft Phone Service or application are not executed completely and properly.
7. Custom Caller-ID (Voice Services only): If Customer activates Custom Caller ID for Trunks, which permits a customer to define the telephone number that Spectrum Business makes available to call recipients for Caller ID purposes, the telephone number chosen must be an active, valid telephone number that is assigned to Customer. Custom Caller ID for Trunks may be used only where Customer employs Customer Equipment that ensures that 911 and other emergency calls placed by an end user are routed to an appropriate public safety answering point or other responding agency based on the caller's location, in a manner consistent with applicable law. If Customer activates Customer Caller ID, they must configure their PBX to out-pulse an active, valid telephone number that is assigned to Customer and that accurately identifies the Service Location for each outbound call, including emergency 911 calls to be handled by that PBX. Telemarketers or other entities using Custom Caller ID for Trunks must comply with applicable federal and state laws, including obligations requiring identification of: (i) the telemarketer or the party on whose behalf the telemarketing call is made and (ii) the calling party's number ("CPN"), automatic number identification ("ANI"), or customer service number of the party on whose behalf the telemarketing call is made. The use of incorrect or fictitious CPN, ANI, or other calling party information on such telemarketing calls is prohibited. Custom Caller ID for Trunks may not be used by any person or entity in connection with any unlawful purpose. Customer shall provide proof of telephone number assignment (e.g., by business agreement or evidence the user has access to use the number) upon Spectrum Business’s request.
8. Access: Customer agrees to provide Spectrum Business and its authorized agents with access to Customer's internal telephone or local area network wiring at the network interface device or at some other minimum point of entry in order to facilitate the installation and operation of Communications Service over existing wiring. Customer hereby authorizes Spectrum Business to make any requests to Customer's landlord, building owner and/or building manager, as appropriate, and to make any requests to other or prior communications service providers, as necessary and appropriate, to ensure that Spectrum Business has all access to inside wiring and cabling necessary and sufficient to efficiently and securely install Communications Service and all related Spectrum Business Equipment. The agents and employees of Spectrum Business shall have the right to enter the Service Location at any reasonable hour for the purpose of installing, inspecting, maintaining or repairing Spectrum Business Equipment, instruments and/or lines, or upon termination of the Communications Service, for the purpose of removing such Spectrum Business Equipment, instruments and/or lines.
9. Exclusively for Businesses: Communications Services are offered to businesses only and are not available for residential use.
10. Customer Premise Equipment (Customer Equipment): Spectrum Business' obligation is to provide Communications Services to the customer-accessible interface device or equipment installed by Spectrum Business at the Spectrum Business Network Demarcation Point on the Customer's premises. The "Demarcation Point" is the point of interconnection between the Spectrum Business Equipment or other facilities and the wiring at the Service Location. Customer is responsible for ensuring that all such Customer Equipment conforms to the Federal Communications Commission's requirements set forth in Part 68 of the Code of Federal Regulations (as amended), and Spectrum Business may discontinue the provision of Communications Services to any location where Customer Equipment fails to conform to such regulations. Customer shall be solely responsible for satisfying all legal requirements for interconnecting Customer-provided terminal equipment or communications systems with other provider's facilities, including, without limitation, application for all licenses, permits, rights-of-way, and other arrangements necessary for such interconnection. Satisfaction of all legal requirements, any interface equipment or any other facilities necessary to interconnect the facilities of Spectrum Business and other providers must be provided at Customer's sole expense.
11. CPNI: Information relating to Customer calling details ("Calling Details"), including the quantity, configuration, type, destination and amount of Communications Service usage by Customer, and information contained in Customer's bills (collectively, "Customer Proprietary Network Information" or "CPNI") , that is obtained by Spectrum Business pursuant to its provision of Communications Service will be protected by Spectrum Business as described herein, in the Privacy Policy and in accordance with applicable federal and state requirements. Notwithstanding the foregoing, the following shall not be CPNI: (i) Customer's directory listing information, and (ii) aggregated and/or compiled information that does not contain Customer-specific references, even if CPNI was used as a basis for such information.
a. Spectrum Business may use and disclose Calling Details and CPNI when required by applicable law. Spectrum Business may use Calling Details and CPNI and share (including via e-mail) Calling Details and CPNI with its partners and contractors, as well as with Customer's employees and representatives, without Customer consent: (i) to provide services and bills to Customer; (ii) pursuant to applicable law; (iii) to protect the interests of Spectrum Business, Customer and related parties in preventing fraud, theft of services, abuse, harassment and misuse of telephone services; (iv) to protect the security and integrity of Spectrum Business' network systems; and (v) to market additional Spectrum Business services to Customer that are of the same category as the services that Customer purchases from Spectrum Business.
b. Spectrum Business will obtain Customer's consent before using Calling Details or CPNI to market to Customer Spectrum Business services that are not within the categories of Services that Customer purchases from Spectrum Business. Customer agrees that Spectrum Business will not be liable for any losses or damages arising as a result of disclosure of Calling Details or CPNI in accordance with these Service Terms.
c. Spectrum Business will respond to Customer requests for Customer Calling Details only in compliance with Spectrum Business' then-current authentication requirements and applicable law. Such authentication requirements may require Customer to obtain a secure password, which may be required for both online and telephone requests for Calling Details. Spectrum Business will notify Customer of any requests to change account passwords, activate online account access and change Customer's account address of record. Spectrum Business may provide such notice by voicemail, by e-mail or by regular mail to Customer's prior account address of record.
d. Customer may identify a person or persons who are authorized to request Calling Details by executing an Agency Letter provided by Spectrum Business upon request. Customer is responsible for: (i) ensuring that Spectrum Business receives timely notice of any changes to the list of authorized individuals identified in the Agency Letter. Spectrum Business will not be liable to Customer for any disclosure of Calling Details (including CPNI) that occurs if Spectrum Business has complied with the Agency Letter.
12. Directory Listings: Spectrum Business will facilitate the inclusion of its business customers in alphabetical white and yellow pages directories and/or electronic compilations, as requested and available in Spectrum Business' service area. These listings are intended as a resource for interested parties who can use them to find the telephone numbers of Spectrum Business customers who subscribe to Communications Services. Spectrum Business, in its sole discretion, may limit the length of any listing in a directory or electronic compilation by abbreviating the listing. Listings may be subject to additional rules and restrictions. Toll free and private number service may be available to Customer for an additional charge. A listing may be omitted from a directory or electronic compilation upon Customer's request.
IN THE EVENT THAT A MATERIAL ERROR OR OMISSION IN CUSTOMER'S DIRECTORY LISTING INFORMATION, REGARDLESS OF FORM, IS CAUSED BY SPECTRUM BUSINESS, CUSTOMER'S SOLE AND EXCLUSIVE REMEDY SHALL BE A SERVICE CREDIT IN AN AMOUNT SET BY SPECTRUM BUSINESS' THEN-CURRENT STANDARD POLICIES OR AS PRESCRIBED BY APPLICABLE REGULATORY REQUIREMENTS, IF ANY. SPECTRUM BUSINESS SHALL HAVE NO OTHER LIABILITY FOR ANY ERROR OR OMISSION IN ANY DIRECTORY LISTING INFORMATION.
13. Usage Rate/Minute Packages: Communications Services may be subject to usage pricing plans or minutes of use packages that apply charges for certain calls, including international calls and inbound toll free calls. Unless otherwise specified in Customer's order for Service, usage pricing plans or packages are available at https://www.business.spectrum.com (or successor URL). Spectrum Business reserves the right to change its usage pricing plans and packages at any time.
14. Number Porting: Upon submission of an order for Service, Customer may port a telephone number within the rate center for its particular Service Location to Spectrum Business for use with Communications Services. Customer represents and warrants that it has all necessary rights and authority for any porting request, will provide copies of letters of authority authorizing the same upon request, AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SPECTRUM BUSINESS AND ITS AFFILIATES FROM ANY THIRD-PARTY CLAIM RELATED TO OR ARISING OUT OF ANY PORTING REQUEST. Spectrum Business shall coordinate telephone number porting with Customer's former local service provider ("FLSP") using the operational process for coordinating telephone number porting as prescribed by the appropriate regulatory authority. Spectrum Business shall port in a telephone number using one of the following agreed upon methods:
a. Spare Equipment Cut. "Spare Equipment Cut" means that Customer will provide sufficient spare Customer equipment, such as line cards, for connection of Communications Service(s) prior to telephone number porting. Spectrum Business and Customer shall verify the operational stability of the Communications Service(s) in advance of Spectrum Business issuing a request to port Customer's telephone numbers from Customer's FLSP to Spectrum Business' Service. Customer acknowledges and accepts that the porting process involves the updating of multiple databases and may result in an outage of Communications Service during such updates.
b. Hot Cut - Business Hours. "Hot Cut" means that Customer's existing service is disconnected prior to Customer connecting Customer's equipment to Communications Service which, in turn, occurs prior to the scheduled telephone number port change. "Business Hours" means 8:00 AM to 5:00 PM, Monday through Friday, excluding holidays. Spectrum Business will use reasonable efforts to resolve any issues arising during the Hot Cut prior to the execution of the port change and may cancel the port change at Customer's request. Customer acknowledges that a Hot Cut necessarily results in an interruption of Customer's telephone service thereby exposing Customer to risks associated with the inability to make or receive telephone calls. Customer accepts all liability for any loss or damage arising out of or related to such an interruption.
c. Hot Cut - After Hours. For purposes of this section, Hot Cut has the same meaning as above. "After Hours" means any time outside of Business Hours. Spectrum Business will use reasonable efforts to resolve any issues arising during the Hot Cut prior to the execution of the port change. At Customer's request, Spectrum Business shall make reasonable efforts to cancel the port request, but unavailability of necessary third party resources may prevent Spectrum Business from effecting such cancellation. Customer acknowledges that a Hot Cut necessarily results in an interruption of Customer's telephone service thereby exposing Customer to risks associated with the inability to make or receive telephone calls. Additionally, Customer acknowledges that Customer's choice of an After Hours Hot Cut exposes Customer to the additional risk of an extended outage due to unavailability of necessary third-party resources to cancel a porting request or resolve a trouble report. Customer accepts all liability for any loss or damage arising out of or related to such an interruption or outage.
Spectrum Business may receive requests to port a telephone number currently assigned to Customer to a third party service provider. Customer agrees that until such time as the porting process has been completed and no further traffic for any ported telephone number traverses the Spectrum Business Network, Customer shall remain bound by the terms of the Services Agreement and these Service Terms (including, without limitation, Customer's obligation to pay for any applicable Services) for any and all traffic which remains on any Customer telephone numbers. Notwithstanding the foregoing, Customer shall notify Spectrum Business at least five (5) business days in advance of Customer requesting more than twenty (20) telephone numbers to be ported from Spectrum Business to another service provider. Customer has no property right in telephone number(s) or any other call number designations associated with the Communication Services, and Spectrum Business may change such numbers as deemed necessary.
15. Robocall Management: Customer may manage its per telephone number call-blocking preferences by accessing its account at https://www.SpectrumBusiness.net and then selecting the Call Guard feature. Customer may manage Call Guard settings, including reviewing the call filtering level (low, medium, or high), reviewing blocked calls, adding/removing trusted numbers, and reporting misidentified/blocked calls. Incoming Caller ID alerts will display calls as normal or as “Spam Risk”. Blocked calls will not be displayed. BY USING CALL GUARD, SUBSCRIBER UNDERSTANDS THAT A DESIRED CALL MAY BE MARKED AS SPAM, BLOCKED, AND/OR NOT DELIVERED. Customer may report misidentified or blocked calls at https://reportspam.spectrum.com. Calls blocked through Spectrum’s network management practices will not be delivered to Customer or affected by Customer's call-blocking preferences.
16. Unified Communications Service/Spectrum Business Connect with RingCentral Data: Spectrum Business and any third party service provider Spectrum Business uses to provide Unified Communications Services and/or Spectrum Business Connect with RingCentral may use Customer data provided to such service provider in the course of the performance of the Unified Communications Services and/or Spectrum Business Connect with RingCentral Services, including but not limited to any personal data of Customer's employees ("UCS Data"), other than content transmitted by the Services, to (a) communicate with Spectrum Business or Customer, and (b) administer and/or perform these Service Terms, any work order or order for Service, and/or any agreement between Spectrum Business and such third party service provider. Spectrum Business and such service provider may access or disclose UCS Data and related information, to: (i) satisfy legal requirements, comply with the law or respond to subpoenas, warrants or court orders, or (ii) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Spectrum Business' or such service provider's employees, customers or the public.
17. RingCentral End User Terms. RingCentral, Inc. ("RingCentral") is the underlying provider of Spectrum Business Connect with RingCentral Service. In addition to these Service Terms, the terms of the Spectrum Business Services Agreement, and any applicable order for Service, when using RingCentral products or services offered through Spectrum Business, (i) Customer and each user of the Service is subject to the Spectrum Business Connect with RingCentral Terms of Service, (ii) Customer and Each user of the Service agrees and accepts RingCentral Terms of Service available at https://www.spectrum.com/policies/terms-of-service, and (iii) such end user terms shall constitute a binding agreement between RingCentral and Customer and/or each user of the Service.
