NFC Terms of Service

Hostd Telephone & SIP Trunking

Terms of Service

 

These Terms of Service (“TOS”) constitute an agreement between North Florida Communications, Inc., a Florida company, and its subsidiaries, affiliates, agents, and/or licensors (“North Florida Communications”, “we” or “us”), and the end-user customer (“Customer”, “you” or “user”) for North Florida Communications’ telecommunication, facsimile, and related services (“Service” or “Services”) associated with your assigned toll free and/or local number account (“Account”). This TOS covers and applies to all of North Florida Communications’ free and paid services.  This TOS supersedes all prior or contemporaneous communications and proposal, whether oral or written, between North Florida Communications and you with respect to the Services.

 

THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICES; PLEASE READ IT CAREFULLY BEFORE INDICATING YOUR ASSENT.

 

1. ADDITIONAL AGREEMENTS

Your use of the Services may be governed by one or more other agreements with North Florida Communications in addition to the terms set forth herein..

 

2. 911 CALLING NOT AVAILABLE IF YOU DO NOT SUBSCRIBE FOR North Florida Communications 911 VOIP SERVICES.

If you do not subscribe to North Florida Communications 911 VoIP Service, you must make alternative arrangements to place 911 calls using your landline, mobile or cell phone and should not rely on North Florida Communications for 911 calling capability.   If you do subscribe to North Florida Communications 911 VoIP Services, you are advised that 911 calling using North Florida Communications VoIP Services is different than traditional 911 calling and subject to certain limitations. 911 VoIP Service should always be considered a “best-effort” service.

You understand and agree that no North Florida Communications Service is a replacement for your traditional telephone service. You agree to separately maintain wireless or traditional wireline telephone service that will enable you to call 911. Specifically, you agree that you will purchase, with a third-party separately from North Florida Communications, traditional wireless or wireline telephone service that offers access to 911 emergency calling and any other applicable emergency services.  While North Florida Communications will be a best-effort to complete your 911 call to the local Public Safety Answering Point (PSAP), you are advised to have a backup method for emergency communications.

You agree that North Florida Communications, its directors, officers, employees, subsidiaries and assigns may not be held liable for any claim, damage, or loss (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third-party user arising from any attempt to dial 911 or make an emergency call using North Florida Communications Services.

You waive all claims and causes of action against North Florida Communications, its directors, officers, employees, subsidiaries and assigns, arising from or relating to any attempt to dial 911 or
make an emergency call using North Florida Communications Services.

 

3. REGISTRATION PROCEDURES

Upon signing up for the Service, you agree to provide true, accurate, current and complete name, contact information, and other data to North Florida Communications and at subsequent times as requested by North Florida Communications. If you provide information that is, or that North Florida Communications suspects to be, false, inaccurate, not current, or incomplete, North Florida Communications has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. At all times, you shall maintain and promptly update registration data as applicable.

Upon completion of all registration information and acceptance of this TOS, you are solely liable for any transactions or activities by you or anyone else that occur on your Account. You shall immediately notify North Florida Communications if any unauthorized use of your Account or any other breach of security has occurred. In no event shall North Florida Communications be liable for any unauthorized use of your Account.

 

4. CUSTOMER REPRESENTATIONS

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this TOS. You represent and warrant that you have made and will maintain at all times wireless or traditional wireline telephone service that will enable you to call 911 and any other applicable emergency service number. You represent and warrant that your name, user name, contact information, and, if you are a North Florida Communications VoIP subscriber, Registered Location are true and correct. You agree to be financially responsible for your use of the Services, including the authorized or unauthorized use of your account by others. In order to use the Service, you agree, at your sole expense: to (1) provide and be responsible for payment for all equipment necessary to establish a connection to the Internet and/or to the Publicly Switched Telephone Network (“PSTN”), as may be required to use the Service; (2) provide for access to the Internet and/or PSTN and pay any Internet connection service fees associated with such access; (3) supply and pay for all phone service features required for your use of the Service; and (4) pay North Florida Communications for the Service.

 

5. SERVICE AND PRODUCT DESCRIPTIONS, PRICING, AND AVAILABILITY

With respect to its offering of information, services, and products, North Florida Communications attempts to describe its offerings as accurately as possible. Nevertheless, North Florida Communications does not warrant that information, service and product descriptions, service or product availability, or other content of its website (the “Site”) is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or cause that a service or product offered on the Site may be mispriced, described inaccurately, or unavailable. In the event North Florida Communications determines that a service or product is mispriced or described inaccurately, North Florida Communications reserves the right to take any action it deems reasonable and necessary to rectify the error, including without limitation canceling your order. You agree to notify North Florida Communications immediately if you become aware of any pricing or descriptive errors or inconsistencies with any services or products you order through the Site and comply with any corrective action taken by North Florida Communications.

 

6. AUTHORIZED USES; PROHIBITED USES

You understand and agree to use the Service only for lawful purposes and that you shall not, at any time, use the Service for any illegal, improper or abusive purpose or in any way which interferes with our ability to provide Service to other customers, prevents or restricts other customers from using the Service, or damages any North Florida Communications or other customer's property. Prohibited uses include, but are not limited to:

  • Behavior that is obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, or invasive of another’s privacy.
  • Sending unsolicited messages or advertisements, including email, voicemail or faxes (commercial or otherwise) (“spamming”), or otherwise sending bulk and/or junk email, voice mail, or faxes.
  • Harvesting or otherwise collecting information about others, including email addresses, without their consent.
  • Knowingly transmitting any material that contains viruses, time bombs, Trojan horses, worms, or any other programs that may be harmful or dangerous.
  • Creating a false Caller ID identity (“ID spoofing”) or forged email address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services.
  • Transmitting any material that may infringe the intellectual property rights or other rights of third parties.
  • Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit or otherwise avoid any Reasonable Use Policy.
  • Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Service.
  • For unlimited or unmetered plans, using the Service for call-in lines, call centers, conference calling, trunking (to a PBX or otherwise) or other high volume or multi-person calling purposes.

You further understand and agree that:

  • You shall be solely liable for any transmissions sent through the Service and that North Florida Communications has no control over the content of any transmission.
  • You will abide by all applicable North Florida Communications policies and procedures and agreements related to the Services.
  • You shall not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
  • You shall not interfere with other customers’ or third-parties’ use and enjoyment of the Service or use the Service in any manner which disrupts, prevents or restricts any other customer from using the Service.
  • Your use of the Service is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising).
  • You are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.

 

7. NORTH FLORIDA COMMUNICATIONS’ PROPRIETARY RIGHTS

North Florida Communications owns and shall at all times retain sole and exclusive right, title and interest to the Service, including all copyrights, trademarks, trade secrets, and all other intellectual property rights thereto, including without limitation with respect to all technology used in connection with or provided as part of the Services. All rights not expressly granted under this TOS are retained by North Florida Communications. Any new features provided by North Florida Communications shall also constitute “Services” and shall be subject to this TOS.

You may not, and shall not allow any third party to, copy, distribute, sell, resell, license, sub-license, reproduce, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services and/or any of North Florida Communications’ technology or software for any purpose whatsoever.

 

8. PLAN CREDITS, TAXES, CHARGES, FEES AND CHARGEBACKS

Generally. You are responsible for paying all charges for your Account, including but not limited to, toll-free, local, long distance, and directory assistance charges, and for all taxes and surcharges imposed on you or us as a result of your use of the Service. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit card information on file. North Florida Communications also reserves the right to charge termination and transfer fees consistent with each plan’s terms and conditions and as provided in this Terms of Service.

Taxes, Charges and Fees. All fees for Services are calculated exclusive of any federal, state or local sale, excise, value-added or similar taxes or administrative or recovery fees or charges. You agree to pay any taxes or similar liabilities, however denominated, that may now or hereafter be levied on the Services which are chargeable to customers by any government authority, as well as any administrative and recovery fees and charges levied by on the Services by North Florida Communications, whether or not mandated by any government authority. Should North Florida Communications be required to pay or pays these liabilities, you agree to reimburse North Florida Communications for such payments upon receipt of an invoice and showing of indebtedness to North Florida Communications.

Plan Credits; Minutes of Calling. North Florida Communications offers several different Service plans. Some of the plans provide for a fixed number of monthly credits (“Monthly Credits”). If you exceed your Monthly Credits during the course of a month of Services, you may purchase additional credits (“Additional Credits”) as needed. North Florida Communications may also provide you certain bonus credit minutes and/or other promotional incentives (e.g., “tell-a-friend” credits) and the like. All of these credits (“Plan Credits”) are quoted in terms of domestic minute usage, and are thus sometime referred to as “minutes.” As explained below, International Calling may be charged at a different rate than domestic calling, and a Plan Credit “minute” therefore will not entitle you to a minute of calling to some or all foreign countries.

Metered-Calling Plans – North Florida Communications offers several monthly metered plans. Each metered-calling plan provides you with a toll-free or local number and a fixed number of monthly Plan Credits each month for a monthly fee, excluding taxes, surcharges, and fees. Please note that all prices are subject to change at any time. When you exhaust your initial paid allotment of Plan Credits for your paid metered plan, you will automatically purchase additional minutes for your plan (and your account will be charged accordingly). Additional minute usage will be debited at the applicable per minute rate for your paid metered plan for each additional auto-purchased minute used for domestic usage. However, in some limited instances, calls placed under a metered-plan are not counted against your monthly allotment (e.g., calls made via a local phone number to leave or check voicemail, configure a system and calls answered on the North Florida Communications softphone). Please check the details of your paid metered plan to determine which calls (if any) are not counted against your monthly minute allotment. For international calling, international pricing rates will apply.

Unlimited Plan. North Florida Communications offers unlimited monthly plans. An unlimited plan provides you with a local number and is subject to our Reasonable Use policy and other restrictions described in these Terms of Service. Please note however that the unlimited plan is for normal residential or small business use and shall not, under any circumstances, be used for call-in lines, call centers, conference calling, trunking (to a PBX or otherwise), continuous or extensive call forwarding, autodialing, fax blasting, telemarketing (including without limitation charitable or political solicitation and/or polling), junk faxing, fax spamming, or other high volume or multi-person calling or faxing purposes ("Prohibited Purpose"). If, for any reason, North Florida Communications believes that you are using the unlimited plan for a Prohibited Purpose and/or your call usage violates our Reasonable Use policy, then North Florida Communications, in its sole discretion, may either terminate your unlimited plan or immediately convert your unlimited plan to the paid-calling metered plan with the greatest fixed number of monthly Plan Credits and charge you in accordance with the terms of that paid-calling metered plan.

International Calling. Because Plan Credits are quoted for domestic minute usage, you may be charged additional Plan Credits and/or additional rates may apply if you use your Plan Credits for international calling.

Value, Ownership, and Expiration of Plan Credits. Plan Credits have no monetary value. Plan Credits may only be redeemed by the holder of the Account to which the Plan Credits have been credited, and may not be sold, transferred, or assigned, or used by another user or with another user’s Account. Any unused Monthly Credits expire at the end of the relevant Service month and do not “roll over” to the next month. Additional Credits and Promotional Credits expire 12 months after purchase or grant.

Fraudulent or Erroneous Charges. North Florida Communications strongly encourages you to contact North Florida Communications directly in cases of suspected fraud or error involving your account. If you suspect fraud or discover erroneous charges on your North Florida Communications account, please contact North Florida Communications customer support at  (352)378-7730. When you contact customer support, please have the following information available: (a) your name, contact information, and the North Florida Communications Account telephone number in question, (b) the date that the Account in question was created, (c) the credit card account number used to open the Account, and (d) the total amount charged to the Account. If you request that your bank/credit card perform a chargeback without first contacting North Florida Communications and North Florida Communications subsequently determines that the charges at issue are not erroneous or fraudulent, North Florida Communications reserves the right to take any available legal action.

 

9. BILLING AND PAYMENT

Any applicable initiation charges, usage and monthly recurring charges and fees are billed in full in advance. Termination and transfer charges, if any are billed in arrears. Upon termination of your Account for any reason, all unused Plan Credits shall expire in their entirety and no refund or proration shall be made of any unused Plan Credits or of any remaining periods/months on any pre-paid Service plan.

When you subscribe to Services, you will provide us with a payment method, such as a valid credit card, and, if applicable, authorize us to collect from your payment method. Any authorization will remain valid until 30 days after you terminate our authority to charge your payment method. We will then charge you any fees and any other outstanding charges and disconnect your service. You will advise us of any changes to your payment method, such as credit card account number or expiration date changes. Time is of the essence for payment. Therefore, you agree to pay us interest at the lesser of (a) 18% per annum or (b) the highest amount allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of our rights to collect the full amount due. We may assess an additional fee of fifty dollars ($50) for any check returned for nonpayment.

Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorations to charges to your Account.

The registered “owner” of an Account shall be the person whose credit card is provided to North Florida Communications for billing purposes for the Account, unless said credit card holder advises North Florida Communications otherwise in writing.

 

10. REASONABLE USE

Unusually high usage of the Service attributable to individual Accounts may impair North Florida Communications’ ability to provide the Services and/or indicate misuse of the Services. Accordingly, for all Service Plans, reasonable use means that your use of the Service does not materially impair North Florida Communications’ ability to provide the Service to other users.

UNLIMITED OR UNMETERED PLANS

All unlimited or unmetered plans (“Unlimited Plans”) are subject to all of the Prohibited Use and Reasonable Use limitations set forth in the Reasonable Use Policy. In addition, all unlimited or unmetered plans are subject to the following terms and conditions:

Unlimited Plans are for normal residential or business use.

Unlimited Plans cannot, under any circumstances, be used for call-in lines, call centers, conference calling, trunking (to a PBX or otherwise), continuous or extensive call forwarding, autodialing, fax blasting, telemarketing (including without limitation charitable or political solicitation and/or polling), junk faxing, fax spamming, or other high volume or multi-person calling or faxing purposes.

Excessive Use of Unlimited Plans is prohibited. "Excessive Use" means that your use exceeds the monthly minutes per line used by 98% of all North Florida Communications Unlimited Plan customers. Excessive Use is measured on a monthly basis. For example, if you use 7,500 minutes in one month per line and 98% of all North Florida Communications Unlimited Plan customers used less than 7,500 minutes that month per line, your use would constitute Excessive use and would be in violation of this Reasonable Use Policy.

North Florida Communications reserves the right to review and monitor your usage of your Unlimited Plan at any time (i) to calculate Excessive Use and (ii) compliance with this Reasonable Use Policy, including that there is no Excessive Use.

Except where prohibited by law, if you violate the Reasonable Use Policy, including but not limited to by Excessive Use of the Service, you hereby acknowledge and agree that North Florida Communications may modify, suspend, terminate, disconnect or take any other reasonable action regarding your Service to prevent continued violation of this Reasonable Use Policy (a “Plan Modification”), including charging you on per minute basis, at North Florida Communications’ published per minute rates, for any Excess Use or automatically converting your Unlimited Plan to a metered plan. You hereby agree to pay North Florida Communications, and hereby authorize North Florida Communications to charge your credit card for any additional fees, charges and penalties related to any Plan Modification.

 

11. NUMBER OWNERSHIP

You understand and agree that telephone numbers requested from North Florida Communications may not be available, and that you are not the owner of any toll-free or local telephone number or facsimile number assigned to you by North Florida Communications. You understand and agree that North Florida Communications may from time to time need to change the telephone or facsimile number assigned to you (due to an area code split or for any other reason). You understand that unless you arrange with a new service provider to port your number to that new service provider, the number assigned to you will be reassigned upon termination of your Service. North Florida Communications will not be liable for any damages (including consequential or special damages) arising out of any such reassignment.

 

12. NUMBER AVAILABILITY

Certain of North Florida Communications’ Services permit you to request a specific telephone number. If you request a specific telephone number, North Florida Communications will attempt to provide you with that number. However, North Florida Communications cannot guarantee that requested numbers will be available. You should not order any printed material, such as business cards or stationary and/or promotional or event costs, or otherwise arrange publicity showing a North Florida Communications number until that number becomes active in your North Florida Communications Account. In addition to the Limitation of Liability below, North Florida Communications will not be liable for reimbursement for business cards and/or stationary and/or press releases under any conditions, or for any other alleged consequential or special damages arising from any alleged failure to provide you with a specific telephone number.

 

13. VOICEMAIL, BROADCASTING AND FAX SERVICES

Storage. North Florida Communications is not obligated to store your voicemails, sent/received calls, and/or faxes. You agree that North Florida Communications has no responsibility or liability whatsoever for the deletion or failure to store any voicemail or fax messages, any call-log information, and/or other communications maintained or transmitted by the Services.

Unsolicited Advertisement Policy. The transmission of unsolicited calls, using the Service for broadcasting, and/or transmitting unsolicited fax advertisements is illegal under federal law, including the Federal Telephone Consumer Protection Act of 1991 (http://ftp.fcc.gov/cgb/consumerfacts/unwantedfaxes.html), and under a number of similar state laws. Distribution of unsolicited voicemail, broadcast, and fax advertisements through the Services is prohibited. You shall not use the Service to send or transmit any unsolicited communications or advertisements and understand that, if you do, North Florida Communications may immediately terminate your right to use the Services without any liability of any kind.

At North Florida Communications’ option and without further notice, North Florida Communications may use technologies and procedures, such as filters, that may terminate such unsolicited advertisements without delivering them. You hereby release and agree to hold harmless North Florida Communications from and against any damages or liabilities of any kind related to any voicemail, broadcast and/or fax spam or solicitations that you may send and/or receive using the Services.

 

14. RECORDING CONVERSATIONS

Certain North Florida Communications Services provide a function that allows you to record individual telephone conversations. The laws regarding the notice, notification, and consent requirements of such recorded conversations vary from state to state. You are solely responsible for complying with all federal, state, and local laws in any relevant jurisdiction when using this feature. North Florida Communications expressly disclaims all liability with respect to your recording of telephone conversations. You hereby release and agree to hold harmless North Florida Communications from and against any damages or liabilities of any kind related to the recording of any telephone conversations using the Services.

 

15. SERVICE CHANGES

You understand and agree that North Florida Communications may make upgrades or changes to the Services which will not materially diminish the functionality of the Services without prior notice to you. In the event that a change to the Services would, in North Florida Communications’ reasonable discretion, permanently materially diminish or impair the functionality of the Services (“Change”), North Florida Communications shall provide you with written notice of such Change at least sixty (60) days prior to the date the Change is to take effect. If the Change is unacceptable to you, you may terminate the Services without penalty by calling North Florida Communications at (352)378-7730. Any use of the Services after the effective date of Change will be deemed your acceptance of the Change.

 

16. TERM

Services are provided for a term of thirty (30) days. The initial Term begins on the date that you purchase the Services (“Date of Purchase”).

The Term for all Service plans will renew automatically for successive Terms of the same length without further action by or notice to you unless you notify North Florida Communications of non-renewal at least thirty (30) days before the end of the then current Term by contacting customer service.

 

17. TERMINATION

You may cancel or terminate your use of the Services with or without cause at any time by calling North Florida Communications at (352)378-7730, subject to the restrictions and fees provided in this TOS and additional agreements governing the Services.

You understand and agree that North Florida Communications may at any time, and without additional notice to you terminate, modify, suspend, disconnect, discontinue, or block access to some or all of the features of the Services if:

North Florida Communications determines that your use of the Services violates or has at any time violated this TOS or any other applicable agreement between you and North Florida Communications, including, but not limited to:

North Florida Communications determines that such action is necessary to maintain or improve the Services, to prevent fraud or misrepresentation by affirmative acts and/or omissions, to protect other users or third parties, or for any other good cause.

For any other reason North Florida Communications would restrict access to the Services, including but not limited to compliance with requests by law enforcement or other government agencies.

Upon any termination, North Florida Communications may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files, information, or the Services.

North Florida Communications shall not be liable to you or any third party for any reason for terminating your use or access to the Services.

If you or North Florida Communications terminates your right to use the Services, you shall not be entitled to any refund or pro ration of any pre-paid amounts or credits.

 

18. WARRANTY DISCLAIMER

THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND North Florida Communications MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. North Florida Communications MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY YOU.

North Florida Communications MAKES NO WARRANTY ON UP-TIME, MEAN-TIME BETWEEN FAILURES, QUALITY OF SERVICE, AND/OR QUALITY OF VOICE OR FAX COMMUNICATIONS.

North Florida Communications MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. North Florida Communications IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL. North Florida Communications IS NOT RESPONSIBLE FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD PARTY NETWORK USED IN CONNECTION WITH THE SERVICES.

North Florida Communications DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND North Florida Communications WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM North Florida Communications, ITS EMPLOYEES, PARTNERS AFFILIATES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT VOICEMAILS AND FAX TRANSMISSIONS ARE SECURE, North Florida Communications MAKES NO GUARANTEES OF SECURITY.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

 

19. LIMITATION OF LIABILITY

IN NO EVENT SHALL North Florida Communications BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. North Florida Communications’ TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE MONTHLY FEES North Florida Communications CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

20. INDEMNIFICATION

You shall indemnify and hold harmless North Florida Communications, its directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and damages resulting from (1) any negligent acts, omissions or willful misconduct by you, (2) your use of the Services, (3) any breach of this TOS by you, and/or (4) your violation of any law or of any rights of any third party. The provisions of this section are for the benefit of North Florida Communications and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

 

21. FUTURE CHANGES TO THIS AGREEMENT

We may change the terms and conditions of this TOS from time to time upon delivery of electronic mail notice to you. Notices will be considered given and effective on the date sent to your registered electronic mail address. North Florida Communications generally provides written notice of changes to your account, including this TOS and other legal agreements, via email on your billing statements. Please carefully read and review each billing statement fully regarding any such notice(s) of changes to your account.

If you do not agree to the modifications, your only recourse is to terminate the Services. The modified TOS shall supersede all previously agreed to electronic and written terms of service, as well as any prior versions of this TOS. You agree that you are solely responsible for (i) making sure that your registered email account is current and functional, (ii) checking your registered electronic mail on a routine basis, and (iii) making sure that North Florida Communications communications are not blocked or rendered undeliverable by you, your computer, any software installed on your computer, your Internet service provider or for any other reason.

 

22. COPYRIGHT INFRINGEMENT

Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent, or received using the Service for purposes of determining copyright infringement. However, North Florida Communications reserves the right to terminate access to its Services if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the Services if North Florida Communications determines that a user is a repeat infringer.

 

23. FORCE MAJEURE

North Florida Communications shall be excused from any delay or failure in performance hereunder, other than the payment of monies, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war, or government requirements.

 

24. NOTICES

Notices to you shall be effective on the date sent to your registered electronic mail address when sent by email or, at our option, 3 days following the date deposited in regular United States Mail, postage prepaid, addressed to your address as kept in our files.

You are responsible for notifying us of any changes in your address. Written notice to us shall be effective when directed to our then-current address as posted on our website: http://www.northfloridacommunications.com/contact_us.htm . Your notice must specify your name and Account information. All notices from you to North Florida Communications must be made in writing.

 

25. GENERAL INFORMATION

THE LAWS OF THE STATE OF FLORIDA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE NORTH FLORIDA COMMUNICATIONS SERVICES.

If any part of this TOS is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.

The failure of North Florida Communications to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision.

You agree and acknowledge that any breach of the provisions regarding intellectual property ownership contained in this TOS shall cause North Florida Communications irreparable harm and North Florida Communications may obtain injunctive relief as well as seek all other remedies available in law and in equity.

The provisions of this TOS relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability, and indemnification shall survive termination or expiration of this TOS for any reason.

You may not transfer or assign this TOS or any of your rights under this TOS. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this TOS shall be binding on and inure to the benefit of the parties, their successors, permitted assigns, and legal representatives.

The section titles in this TOS are for convenience only and have no legal or contractual effect.

This document and any other physical or electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

 

26. DISPUTE RESOLUTION AND OPTIONAL ARBITRATION

You agree that any disputes between you and North Florida Communications shall be adjudicated in the state and federal courts of the State of Florida, U.S.A. Venue for all claims and disputes between you and North Florida Communications shall be in the State of Florida. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction.

Notwithstanding the adjudication requirement above, for any dispute involving $10,000 or less, the party requesting relief may choose to resolve the dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted through an established alternative dispute resolution service mutually agreed on by the parties, and any judgment rendered by the arbitrator may be entered in any court having jurisdiction.

Some jurisdictions may place limits on dispute resolution provisions, so certain of the foregoing requirements may not apply to you.

 

By using our service, you understand and agree to the above Terms of Service.

Jacksonville (904)562-2100
Gainesville (352)260-0100
Ocala (352)547-3230