1. INTRODUCTION

READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE ZTELCO SERVICES.

These Terms and Conditions constitute an agreement (this “Agreement”) between Zray Technologies Corporation, doing business as RingPlan and ZTELCO (“ZTELCO,” “we,” “us,” or “our”) and each of our customers (“customer,” “you,” or “your”) and End Users. This Agreement governs your purchase, rental,
and/or use of equipment and licensing of software and firmware from us and governs our provision of services to you and your use of those services.

THIS AGREEMENT CONTAINS:

I. A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SEE SECTION 16 FOR MORE INFORMATION). THE VENUE FOR ANY ARBITRATION SHALL BE SAN DIEGO COUNTY, CALIFORNIA.

II. YOUR CONSENT FOR US AND OUR THIRD-PARTY PROVIDERS TO CONTACT YOU VIA EMAIL, TELEPHONE, OR SMS MESSAGES (INCLUDING TEXT MESSAGES) USING THE EMAIL ADDRESSES AND PHONE NUMBERS YOU PROVIDE TO US, INCLUDING VIA AUTOMATED EMAIL, DIALING, OR TEXTING SYSTEMS (SEE SECTION 19 FOR MORE INFORMATION).

III. LIMITATIONS THAT E911 SERVICE MAY HAVE IN COMPARISON TO TRADITIONAL 911 SERVICE. IF YOU ARE UNCOMFORTABLE WITH THESE LIMITATIONS, CONSIDER USING AN ALTERNATIVE MEANS OF ACCESS TO TRADITIONAL 911 OR E911. WE STRONGLY RECOMMEND THAT YOU HAVE AN ALTERNATIVE MEANS FOR PLACING EMERGENCY CALLS AVAILABLE AT ALL TIMES. SEE SECTION 9 FOR MORE INFORMATION.

You make this representation and agreement when you order equipment or services from us at our website, through an authorized agent, or through a retailer, and each time you activate or use a service from ZTELCO.

ANY AND ALL REFERENCES ON ZTELCO PACKAGING, IN SPONSORED ADVERTISING, ON THE ZTELCO WEBSITE, IN THIRD PARTY MARKETING MATERIALS, AND/OR IN ANY OTHER CONTEXT OR LOCATION THAT REFER TO THE PROVISION OF “FREE” CALLING AND/OR “UNLIMITED” SERVICE AND/OR “SERVICE FOR LIFE” SHALL BE NARROWLY CONSTRUED AS PROVIDING THE CUSTOMER WITH THE ABILITY TO MAKE CALLS WITHIN THE CALLING AREA OF THE SERVICE WITHIN REASONABLE LIMITS, SUBJECT TO THE ACCEPTABLE USE POLICY, SUBJECT TO PAYMENT OF APPLICABLE TAXES AND FEES, AND SUBJECT TO THE TERMS AND LIMITATIONS OF THIS AGREEMENT.

ZTELCO may revise, amend, or modify this Agreement at any time and in any manner by posting such changes on our website. You should review this Agreement regularly for changes and can easily identify if changes have been made by checking the “last updated” date at the top of this page. Your continued use of our Equipment and Services for a reasonable period of time following the posting of any changes to this Agreement means you accept such changes. This Agreement may not be amended or modified by you.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT PURCHASE, RENT, OR USE OUR EQUIPMENT OR SERVICES. BY PURCHASING, RENTING, OR USING OUR EQUIPMENT OR SERVICES, YOU CONSENT TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY.

2. DEFINITIONS

(a) “911 Alerts” means the ZTELCO feature that delivers real-time text and/or email alerts to designated users when 911 is dialed from a ZTELCO phone number.

(b) “911 Dialing” means emergency calls placed from a ZTELCO-supported device through the Service to emergency services.

(c) “Commercial Services” means service offerings designed for customers whose usage exceeds the limits of our residential or small business plans, as outlined in our Acceptable Use Policies.

(d) “Customer” means the individual or legal entity who purchases or uses the Equipment or Services.

(e) “End User” includes all final users of the Service provided to a Customer, such as employees, contractors, agents, or authorized users.

(f) “Equipment” refers to physical hardware leased or purchased from ZTELCO, including phones, routers, adapters, switches, and other network-enabled devices.

(g) “High-Speed Internet” refers to an Internet connection capable of minimum required speeds suitable for VoIP quality service, generally at least 180 kbps in both upstream and downstream directions.

(h) “Managed Services” refers to any hosted, monitored, or maintained service provided by ZTELCO, including but not limited to wireless networking, hardware support, or systems administration.

(i) “Order Form” or “Service Agreement” means any written contract, signed order, or agreement describing specific pricing, features, terms, or service components associated with Customer’s use of the Services.

(j) “Reseller” means any third party authorized by ZTELCO to market, sell, or support ZTELCO services and/or equipment.

(k) “Service(s)” refers to any communication services, software access, or associated features provided by ZTELCO, including but not limited to voice, SMS/MMS, hosted PBX, Softphone applications, our VDE (Visual Dialplan Editor), SSP (Self-Service Portal), managed Wi-Fi, and hardware lease programs.

(l) “SIM” means Subscriber Identity Module used in applicable Equipment for cellular connectivity.

(m) “Visual Dialplan Editor (VDE)” means the interface provided by ZTELCO for creating, modifying, and managing custom call flows within a Customer’s phone system.

(n) “Self-Service Portal (SSP)” means ZTELCO’s web-based portal for Customer management of account details, users, services, and devices.

(o) “Usage Policy” or “Acceptable Use Policy (AUP)” means the policy which governs fair and appropriate use of the Services and may include thresholds, limitations, and enforcement rights.

(p) “Zray Technologies Corporation” means the legal entity doing business as ZTELCO and ZTELCO, the provider of Services under this Agreement.

3. CUSTOMER REPRESENTATIONS

You represent, warrant, and acknowledge the following:

(a) Authority: You are of legal age and authorized to enter into this Agreement and to initiate, modify, or terminate communication services on behalf of yourself or your organization.

(b) 911 Limitations: If you do not maintain an alternative wireline or wireless telephone service, you may be unable to contact emergency services during a Service outage. You are solely responsible for maintaining alternative access to 911.

(c) Account Accuracy: All account-related information you provide, including service address and contact details, is accurate and kept current. You agree to promptly update this information as changes occur.

(d) Prohibited Use: You will not use ZTELCO Equipment or Services in a manner that violates any applicable laws, regulations, or ZTELCO policies, or in any scenario where a loss of power, internet, or service could result in injury, property damage, or death.

(e) Payment Responsibility: You are responsible for all charges incurred through your account, including any use—authorized or unauthorized—unless and until ZTELCO is notified as provided below.

(f) Equipment Acquisition: You have purchased or leased Equipment either directly from ZTELCO or from an authorized reseller. Unauthorized third-party hardware is not supported.

(g) Risk of Loss: You bear all risk of loss, theft, or damage to Equipment from the time it ships until it is returned, if applicable, in accordance with ZTELCO’s return policy. Damaged, lost, or stolen Equipment must be replaced at your expense.

(h) Theft or Unauthorized Use: You must notify ZTELCO immediately if Equipment is lost or stolen, or if you suspect fraudulent or unauthorized use of your account or Services. Until ZTELCO receives notice, you are responsible for all resulting charges and liabilities. ZTELCO reserves the right to pursue legal remedies for misuse or theft.

(i) Usage Limits and End User Compliance: You agree to comply with all usage restrictions, including those outlined in the Acceptable Use Policy. If applicable, you will ensure all End Users do the same.

(j) Internet Requirement: Unless otherwise stated in your Service Agreement, you are responsible for maintaining a high-speed internet connection suitable for VoIP, typically 180 kbps or higher in both directions.

(k) Landline Integration: If you choose to use ZTELCO Equipment with a separate landline service, and the Equipment supports this configuration, you are solely responsible for provisioning, maintaining, and paying for that landline service.

4. END USER LICENSE AND RESTRICTIONS

(a) Equipment License: With the purchase or rental of Equipment, ZTELCO grants you a limited, revocable, non-transferable, non-sublicensable, and non-resellable license to use the firmware and software embedded in the Equipment solely in object code form and only as necessary to use the Equipment with Services provided by ZTELCO under this Agreement. No other rights are granted.

(b) Software License: Upon activation of Services, ZTELCO grants you a limited, revocable, non-transferable, non-sublicensable, and non-resellable license to use ZTELCO software and applications solely in connection with the Services and only as provided in this Agreement.

(c) No Modifications: You may not copy, modify, decompile, disassemble, reverse engineer, translate, or create derivative works from any firmware, software, or applications provided by ZTELCO or its licensors. You agree not to intercept, simulate, redirect, or otherwise manipulate communication protocols used by ZTELCO or engage in use inconsistent with the intended purpose of the Equipment or Services.

(d) No Tampering: You shall not open, alter, or tamper with the internal components of any ZTELCO Equipment. This includes physical, electronic, or identifying information contained within or affixed to the Equipment.

(e) No Hacking: You represent and warrant that you will not attempt to compromise the security, integrity, or privacy of any communications or systems associated with the Services.

(f) No Theft: You shall not use Equipment or Services to avoid payment, circumvent ZTELCO’s policies, or otherwise engage in fraudulent or abusive behavior.

(g) Intellectual Property: All intellectual property rights, including patents, copyrights, trademarks, service marks, and all related rights, remain the exclusive property of ZTELCO and its licensors. This Agreement grants no rights or interest in any intellectual property except as explicitly stated.

(h) No Resale or Proprietary Rights: You may not resell, lease, sublicense, or otherwise provide access to the Equipment or Services to any third party without ZTELCO’s prior written consent. You acknowledge that you have no proprietary interest in any numbering resources or configurations assigned to you, except as required by law.

(i) Software Updates: ZTELCO may, at its sole discretion and without notice, provide updates, patches, or changes to its firmware, software, or applications. ZTELCO may also remotely modify or reprogram Equipment to maintain or enhance service functionality, security, or compliance.

(j) Data Usage and Network Management: ZTELCO reserves the right to manage data usage across its network, including throttling speeds or applying overage charges, to preserve service quality for all users.

5. MARKETING, PROMOTIONS, AND SPECIAL PRICING

(a) USAGE ANALYTICS: YOU ACKNOWLEDGE AND AGREE THAT ZTELCO MAY COLLECT AND ANALYZE DATA RELATED TO YOUR CALLING ACTIVITY, PRODUCT AND FEATURE USAGE, AND ACCOUNT BEHAVIOR ON AN AGGREGATED BASIS. THIS DATA MAY BE USED TO IMPROVE SERVICE DELIVERY, TAILOR PRODUCT OFFERINGS, MANAGE NETWORK PERFORMANCE (INCLUDING BANDWIDTH ADJUSTMENTS WHERE APPLICABLE), AND FULFILL REGULATORY OBLIGATIONS. ZTELCO MAY DISCLOSE AGGREGATE DATA IN A NON-IDENTIFIABLE FORM FOR BUSINESS OR COMPLIANCE PURPOSES.

(b) MARKETING COMMUNICATIONS: ZTELCO MAY SEND YOU PROMOTIONAL MATERIALS, PRODUCT UPDATES, AND SERVICE-RELATED ANNOUNCEMENTS VIA EMAIL OR POSTAL MAIL. YOU MAY OPT OUT OF MARKETING COMMUNICATIONS BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE COMMUNICATION OR AS OUTLINED IN OUR PRIVACY POLICY.

(c) SPECIAL OFFERS AND TRIALS: FROM TIME TO TIME, ZTELCO MAY MAKE PROMOTIONAL OFFERS AVAILABLE, INCLUDING DISCOUNTED PRICING OR FREE TRIAL PERIODS. THESE OFFERS MAY BE LIMITED TO NEW CUSTOMERS AND ARE NOT GUARANTEED. ELIGIBILITY, TERMS, AND AVAILABILITY ARE SUBJECT TO CHANGE OR CANCELLATION AT ZTELCO’S DISCRETION WITHOUT NOTICE. YOU MAY NOT DISCLOSE ANY PROMOTIONAL TERMS TO
THIRD PARTIES WITHOUT OUR PRIOR WRITTEN CONSENT.

(d) TRIAL EXPIRATION: IF YOU PARTICIPATE IN A FREE OR PROMOTIONAL TRIAL, ZTELCO WILL NOTIFY YOU BEFORE THE TRIAL ENDS WITH INSTRUCTIONS ON HOW TO CANCEL. IF YOU DO NOT CANCEL BEFORE THE EXPIRATION OF THE TRIAL OR PROMOTIONAL PERIOD,
YOU WILL BE AUTOMATICALLY ENROLLED IN THE APPLICABLE PAID SERVICE AND RESPONSIBLE FOR ASSOCIATED CHARGES UNLESS STATED OTHERWISE IN WRITING.

(e) INFORMATION ACCURACY: WHILE ZTELCO STRIVES TO PROVIDE ACCURATE AND CURRENT INFORMATION ABOUT ITS PRODUCTS, SERVICES, PRICING, AND AVAILABILITY, SUCH INFORMATION MAY OCCASIONALLY BE INCORRECT OR OUTDATED. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY PUBLISHED MATERIALS, INCLUDING THOSE ON OUR WEBSITE, IN ADVERTISEMENTS, PACKAGING, OR EMAIL
COMMUNICATIONS.

(f) PUBLICITY USE: IF YOU ARE A BUSINESS CUSTOMER, YOU GRANT ZTELCO THE RIGHT TO USE YOUR NAME AND LOGO IN OUR CUSTOMER LISTS, MARKETING MATERIALS, AND ON OUR WEBSITE TO IDENTIFY YOU AS A ZTELCO CUSTOMER, UNLESS OTHERWISE AGREED IN WRITING.

6. SERVICES

(a) SERVICES OVERVIEW: ZTELCO OFFERS A RANGE OF BUSINESS-GRADE SERVICES, INCLUDING BUT NOT LIMITED TO HOSTED VOICE SOLUTIONS, VIRTUAL DIAL ENVIRONMENTS (VDE), SOFTPHONE AND SELF-SERVICE PORTAL (SSP) ACCESS, SMS/MMS MESSAGING CAPABILITIES, MANAGED WI-FI AND LAN SERVICES, AND HARDWARE LEASING PROGRAMS. ACCESS TO AND USE OF ANY ZTELCO SERVICE IS SUBJECT TO APPLICABLE SERVICE-SPECIFIC TERMS AND THE PROVISIONS OF YOUR WRITTEN SERVICE ORDER, MSA, OR OTHER CONTRACT WITH ZTELCO.

(b) SERVICE DELIVERY REQUIREMENTS: MANY ZTELCO SERVICES REQUIRE A RELIABLE INTERNET CONNECTION OR OTHER COMPATIBLE  INFRASTRUCTURE. YOU ARE RESPONSIBLE FOR PROCURING AND MAINTAINING THE CONNECTIVITY AND EQUIPMENT NECESSARY TO UTILIZE THE SERVICES UNLESS SPECIFICALLY PROVIDED FOR UNDER A HARDWARE LEASE OR MANAGED DEPLOYMENT.

(c) RESTRICTIONS ON USE: SERVICES MAY NOT BE USED FOR UNLAWFUL OR ABUSIVE PURPOSES OR IN VIOLATION OF OUR ACCEPTABLE USE POLICY. ZTELCO RESERVES THE RIGHT TO SUSPEND OR RESTRICT SERVICES IN RESPONSE TO USAGE PATTERNS THAT DISRUPT NETWORK PERFORMANCE, VIOLATE AGREED-UPON USAGE THRESHOLDS, OR PRESENT A SECURITY RISK.

(d) CONTENT RESPONSIBILITY: YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT TRANSMITTED, ACCESSED, STORED, OR PROCESSED USING ZTELCO SERVICES. ZTELCO DOES NOT CONTROL THIRD-PARTY CONTENT AND ASSUMES NO RESPONSIBILITY FOR ITS RELIABILITY, LEGALITY, OR IMPACT ON YOUR SYSTEMS OR OPERATIONS.

(e) PHONE NUMBERS: ASSIGNED PHONE NUMBERS ARE NON-TRANSFERABLE WITHOUT PRIOR WRITTEN CONSENT. ZTELCO RESERVES THE RIGHT TO RECLAIM INACTIVE OR UNUSED NUMBERS IN ACCORDANCE WITH INDUSTRY STANDARDS OR REGULATORY REQUIREMENTS. YOU MAY PORT ELIGIBLE NUMBERS IN OR OUT PER APPLICABLE LAW AND SERVICE TERMS.

(f) START OF SERVICE: UNLESS OTHERWISE DEFINED IN YOUR MSA OR OTHER WRITTEN AGREEMENT, THE TERM FOR ANY SERVICE BEGINS ON THE DATE THAT THE SERVICE IS PROVISIONED AND MADE AVAILABLE FOR YOUR USE.

(g) CHANGES TO SERVICES: ZTELCO MAY MAKE CHANGES TO FEATURES, PRICING, OR TERMS OF SERVICE IN ACCORDANCE WITH YOUR MSA OR, WHERE NO SUCH AGREEMENT EXISTS, WITH REASONABLE PRIOR NOTICE THROUGH YOUR ACCOUNT PORTAL, EMAIL, OR OTHER OFFICIAL COMMUNICATIONS.

(h) SERVICE DISCONTINUATION: ZTELCO MAY DISCONTINUE OR MODIFY SERVICES AT ANY TIME IN RESPONSE TO REGULATORY, OPERATIONAL, OR SECURITY REQUIREMENTS. IN SUCH CASES, REASONABLE NOTICE WILL BE PROVIDED WHERE FEASIBLE. IF SERVICES ARE DISCONTINUED, YOU REMAIN RESPONSIBLE FOR ALL CHARGES INCURRED UP TO THE EFFECTIVE DATE OF DISCONTINUATION.

(i) CONTRACT TERMS: ANY MINIMUM SERVICE COMMITMENT, PRICING, OR SERVICE-SPECIFIC TERMS THAT DIFFER FROM OR SUPPLEMENT THESE TERMS OF SERVICE WILL BE SPECIFIED IN YOUR SIGNED AGREEMENT WITH ZTELCO. WHERE SUCH AN AGREEMENT EXISTS, IT WILL CONTROL IN THE EVENT OF A CONFLICT.

7. SERVICE AVAILABILITY

(a) GENERAL SERVICE AVAILABILITY: THE SERVICES ARE DELIVERED OVER PUBLIC INTERNET, CELLULAR, AND THIRD-PARTY NETWORKS AND ARE OFFERED ON A COMMERCIALLY REASONABLE EFFORTS BASIS. THE SERVICES ARE NOT INTENDED FOR TIME-SENSITIVE OR LIFE-CRITICAL USE CASES. AVAILABILITY MAY BE IMPACTED BY CONDITIONS OUTSIDE OF ZTELCO’S CONTROL, INCLUDING BUT NOT LIMITED TO POWER
OUTAGES, INTERNET CONNECTIVITY ISSUES, OR DISRUPTIONS IN UPSTREAM CARRIER NETWORKS. ZTELCO WILL MAKE REASONABLE EFFORTS TO MAINTAIN ACCESS TO THE SERVICES AND THE ASSOCIATED ZTELCO EQUIPMENT, BUT DOES NOT GUARANTEE UNINTERRUPTED ACCESS AND WILL NOT BE LIABLE FOR BUSINESS INTERRUPTION, DATA LOSS, OR OTHER DAMAGES RESULTING FROM SERVICE OUTAGES OR HARDWARE
FAILURES.

(b) POWER OUTAGES: ALL SERVICES—INCLUDING VOICE, SMS/MMS, AND ACCESS TO THE SSP AND VDE—REQUIRE UNINTERRUPTED ELECTRICAL POWER. IF THERE IS A POWER OUTAGE AT YOUR PREMISES, NONE OF THE SERVICES WILL FUNCTION UNTIL POWER IS RESTORED. YOU ARE RESPONSIBLE FOR ENSURING BACKUP POWER IS AVAILABLE FOR ALL DEPLOYED EQUIPMENT. FAILURE TO DO SO MAY RESULT IN A COMPLETE LOSS OF SERVICE, INCLUDING EMERGENCY CALLING CAPABILITIES WHERE APPLICABLE.

(c) INTERNET DISRUPTIONS: ZTELCO SERVICES REQUIRE A STABLE HIGH-SPEED INTERNET CONNECTION. ANY DISRUPTION, DEGRADATION, OR SUSPENSION OF INTERNET SERVICE WILL INTERRUPT OR DEGRADE FUNCTIONALITY OF THE SERVICES, INCLUDING BUT NOT LIMITED TO TELEPHONY, DATA FEATURES, AND DEVICE PROVISIONING.

(d) ACCOUNT STATUS: SUSPENSION, DISCONNECTION, OR TERMINATION OF YOUR ZTELCO ACCOUNT WILL RESULT IN AN IMMEDIATE CESSATION OF ACCESS TO THE SERVICES. THIS INCLUDES LOSS OF ACCESS TO ANY RELATED DEVICES, DATA PORTALS, OR USER MANAGEMENT TOOLS PROVIDED BY ZTELCO.

(e) NETWORK INTERFERENCE OR BLOCKING: YOUR INTERNET SERVICE PROVIDER OR NETWORK ADMINISTRATOR MAY BLOCK PORTS OR RESTRICT PROTOCOLS USED BY ZTELCO SERVICES. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR LOCAL NETWORK CONFIGURATION PERMITS FULL USE OF THE SERVICES. ZTELCO WILL ATTEMPT TO ASSIST IN RESOLVING SUCH ISSUES, BUT IS NOT RESPONSIBLE FOR ANY LOSS OF FUNCTIONALITY RESULTING FROM BLOCKED OR RESTRICTED NETWORK TRAFFIC.

(f) OTHER OUTAGES: ANY OUTAGE—REGARDLESS OF CAUSE—MAY RESULT IN A COMPLETE LOSS OF SERVICES, INCLUDING VOICE, SMS/MMS, AND ACCESS TO THE VDE OR SSP. NO SERVICE-LEVEL GUARANTEE IS MADE FOR UPTIME UNLESS EXPLICITLY DOCUMENTED IN A SEPARATELY EXECUTED SERVICE AGREEMENT.

(g) LANDLINE BACKUP (IF APPLICABLE): IF YOUR ZTELCO EQUIPMENT SUPPORTS FALLBACK TO A LANDLINE AND IS PROPERLY CONFIGURED FOR SUCH USE, YOU MAY COMPLETE CALLS VIA THE FALLBACK CONNECTION DURING A SERVICE OUTAGE. USE OF THIS FALLBACK METHOD MAY INCUR ADDITIONAL CHARGES FROM YOUR LANDLINE CARRIER. ZTELCO IS NOT RESPONSIBLE FOR LANDLINE CONFIGURATION OR SERVICE
QUALITY.

(h) THROUGHPUT MANAGEMENT: ZTELCO MAY THROTTLE DATA RATES TO MAINTAIN NETWORK STABILITY. THIS MAY INCLUDE SHAPING OF NON-ESSENTIAL TRAFFIC OR RATE-LIMITING EXCESSIVE USAGE. YOU AGREE THAT THROTTLING MAY OCCUR WITHOUT PRIOR NOTICE AND DOES NOT CONSTITUTE A SERVICE FAILURE.

(i) NUMBER PORTING: YOU MUST SUBMIT A COMPLETE LIST OF ALL PHONE NUMBERS TO BE PORTED. FAILURE TO INCLUDE NUMBERS MAY RESULT IN DELAYS OR INCOMPLETE PORTING. ZTELCO WILL USE COMMERCIALLY REASONABLE EFFORTS TO PORT NUMBERS, BUT IS NOT RESPONSIBLE FOR DELAYS, FAILURES, OR UNAUTHORIZED TRANSFERS RESULTING FROM ACTIONS OF THIRD-PARTY CARRIERS.

(j) NUMBER CHANGES: ZTELCO RESERVES THE RIGHT TO CHANGE ASSIGNED TELEPHONE NUMBERS IF REQUIRED BY REGULATORY, TECHNICAL, OR OPERATIONAL NECESSITY. YOU ACKNOWLEDGE AND ACCEPT THIS AS A CONDITION OF USING ZTELCO SERVICES.

(k) STORAGE OF DATA: ZTELCO MAY STORE CALL LOGS, RECORDINGS, SMS/MMS HISTORY, VOICEMAIL, AND OTHER ACCOUNT-RELATED METADATA AS A CONVENIENCE TO THE CUSTOMER. ZTELCO MAKES NO GUARANTEE REGARDING THE DURATION OR COMPLETENESS OF STORED DATA AND RESERVES THE RIGHT TO DELETE OR LIMIT STORAGE AT ITS SOLE DISCRETION.

(l) HIPAA & SENSITIVE DATA: ZTELCO SERVICES ARE NOT DESIGNED FOR THE STORAGE OR TRANSMISSION OF PROTECTED HEALTH INFORMATION UNDER HIPAA. YOU AGREE NOT TO USE THE SERVICES FOR SUCH PURPOSES UNLESS EXPLICITLY AUTHORIZED IN A SIGNED BUSINESS ASSOCIATE AGREEMENT.

(m) THIRD-PARTY DEPENDENCIES: CERTAIN SERVICES MAY RELY ON THIRD-PARTY PLATFORMS, APIS, CARRIERS, OR NETWORK INFRASTRUCTURE. ZTELCO IS NOT RESPONSIBLE FOR LIMITATIONS OR OUTAGES CAUSED BY THOSE THIRD-PARTY PROVIDERS. YOU ACKNOWLEDGE THAT NO AGENCY OR JOINT VENTURE RELATIONSHIP EXISTS BETWEEN YOU AND ANY SUCH THIRD PARTY, AND THAT ZTELCO MAKES NO WARRANTY ON THEIR BEHALF.

8. ACCEPTABLE USE POLICY

(a) GENERAL USE: YOU MAY NOT USE ZTELCO SERVICES OR EQUIPMENT IN ANY WAY THAT IS ILLEGAL, FRAUDULENT, ABUSIVE, OR INTERFERES WITH ZTELCO’S ABILITY TO PROVIDE SERVICE TO OTHERS. ZTELCO MAY SUSPEND OR TERMINATE YOUR SERVICE WITHOUT PRIOR NOTICE IF IT DETERMINES, IN ITS SOLE DISCRETION, THAT YOUR USAGE VIOLATES THIS ACCEPTABLE USE POLICY (“AUP”). ZTELCO IS NOT OBLIGATED TO MONITOR CUSTOMER CONTENT BUT MAY DO SO TO ENSURE COMPLIANCE OR RESPOND TO COMPLAINTS, SUBPOENAS, OR LEGAL REQUESTS. ZTELCO DISCLAIMS LIABILITY FOR CONTENT TRANSMITTED OR RECEIVED BY YOU OR ANY VIOLATION OF LAW ARISING FROM YOUR USE OF THE SERVICES.

(b) RESIDENTIAL USE: RESIDENTIAL SERVICE IS FOR PERSONAL, NON-COMMERCIAL USE BY YOU AND YOUR IMMEDIATE HOUSEHOLD. USE BEYOND THAT—SUCH AS RESELLING SERVICE, ROUTING CALLS FOR OTHERS, OR CONNECTING AUTOMATED SYSTEMS—IS PROHIBITED. EXCESSIVE USAGE (E.G. >5,000 MINUTES PER MONTH, HIGH CALL VOLUME, LARGE NUMBER OF SHORT-DURATION CALLS) MAY TRIGGER A REVIEW AND RESULT IN TRANSFER TO A BUSINESS PLAN OR SERVICE TERMINATION. SIGNS OF ABUSE INCLUDE:

i. Use at multi-family or non-residential premises
ii. Use by non-household members
iii. Use as an intercom, transcription tool, or monitor
iv. Excessive call volume, unique numbers called, or repeated short-duration calls
v. Routing to cost-generating numbers such as free conference services or premium content lines
vi. Failure to remedy usage concerns upon notice may result in account suspension or plan reassignment.

(c) BUSINESS USE: BUSINESS SERVICES ARE INTENDED FOR TYPICAL SMALL BUSINESS COMMUNICATIONS, NOT FOR CALL CENTERS, AUTOMATED DIALING, OR HIGH-VOLUME ACTIVITY INCONSISTENT WITH LIVE VOICE INTERACTION. AS WITH RESIDENTIAL SERVICE, EXCESSIVE USE (>5,000 MINUTES PER LINE PER MONTH), UNUSUAL CALLING PATTERNS, OR ATTEMPTS TO CIRCUMVENT STANDARD PLAN LIMITS MAY RESULT IN MANDATORY TRANSFER TO A HIGHER-RATE COMMERCIAL PLAN OR ACCOUNT TERMINATION.

(d) MANAGED SERVICES AUP: FOR MANAGED SERVICES (E.G. MANAGED WI-FI, MANAGED NETWORK ACCESS, OR SIMILAR), THE FOLLOWING ARE PROHIBITED: UNAUTHORIZED ACCESS, EXCESSIVE BANDWIDTH USAGE THAT IMPAIRS OTHERS, SERVER HOSTING, MALWARE DISTRIBUTION, OR TAMPERING WITH INSTALLED EQUIPMENT OR SOFTWARE.  ZTELCO MAY SUSPEND OR TERMINATE SERVICE AND CHARGE APPLICABLE FEES FOR
VIOLATIONS.

(e) PROHIBITED USE: THE FOLLOWING USE TYPES ARE NOT PERMITTED ON ANY ZTELCO
SERVICE:

i. Auto-dialers, predictive dialers, continuous call forwarding or conferencing
ii. Call centers or campaigns (including political or charitable solicitations)
iii. Telemarketing or mass solicitation
iv. Spamming, blasting, or robocalls
v. Avoiding or bypassing billing
vi. Tampering with ZTELCO networks or third-party provider systems
vii. Malware injection or network degradation

Violations may result in immediate termination and full billing for all usage periods.

(f) UNLAWFUL CONDUCT: SERVICES MUST NOT BE USED FOR THREATENING, HARASSING, DEFAMATORY, DECEPTIVE, OR UNLAWFUL PURPOSES—INCLUDING COPYRIGHT INFRINGEMENT OR INVASION OF PRIVACY. ZTELCO MAY REPORT SUSPECTED VIOLATIONS TO LAW ENFORCEMENT OR OTHER AUTHORITIES AND WILL COMPLY WITH SUBPOENAS, COURT ORDERS, AND VALID LEGAL REQUESTS.

(g) ADVERTISING AND TCPA COMPLIANCE: YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL FEDERAL, STATE, AND LOCAL LAWS REGARDING OUTBOUND COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO THE TCPA, JUNK FAX PREVENTION ACT, AND CANADA’S ANTI-SPAM LAW (CASL). YOU REPRESENT AND WARRANT THAT:

i. You are solely responsible for message content and recipient targeting
ii. No unsolicited advertisements or spam will be sent via ZTELCO systems
iii. You have all required consents for any regulated communication
iv. You have and enforce a TCPA-compliant policy

ZTELCO may block or filter unsolicited communications and may suspend your service without notice for violations. You agree to indemnify ZTELCO for any claims, penalties, or legal actions related to your use of the Services in violation of advertising or consent laws.

(h) PRIVACY COMPLIANCE: YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE DATA PRIVACY LAWS, INCLUDING THOSE GOVERNING AUDIO OR VIDEO RECORDING AND MONITORING. IF YOU COLLECT PERSONAL DATA VIA ZTELCO SERVICES (E.G. CALL RECORDING, VOICEMAIL, OR OTHER TRACKING FEATURES), YOU MUST PROVIDE ANY REQUIRED NOTICES AND OBTAIN NECESSARY CONSENTS. ZTELCO IS NOT RESPONSIBLE FOR YOUR FAILURE TO COMPLY WITH PRIVACY OBLIGATIONS UNDER APPLICABLE LAW.

(i) ENFORCEMENT: ZTELCO MAY SUSPEND OR TERMINATE SERVICES IMMEDIATELY IF, IN ITS SOLE JUDGMENT, YOU OR YOUR USERS VIOLATE THIS AUP. TERMINATION DOES NOT WAIVE ANY RIGHT TO RECOVER APPLICABLE FEES OR PURSUE OTHER LEGAL REMEDIES.

9. EMERGENCY SERVICES

(a) DISCLAIMER OF LIABILITY AND INDEMNIFICATION: WE DO NOT CONTROL THE RESPONSE OR HANDLING OF CALLS PLACED THROUGH OUR 911 DIALING SERVICES BY ANY EMERGENCY RESPONSE CENTER. WE DISCLAIM ALL RESPONSIBILITY FOR THE ABILITY OF OUR EQUIPMENT OR SERVICE TO CONNECT YOU TO AN EMERGENCY RESPONSE CENTER, OR FOR THE CONDUCT OR PERFORMANCE OF ANY SUCH CENTER OR ANY NATIONAL EMERGENCY CALLING CENTER. WE RELY ON THIRD PARTIES FOR 911 CALL ROUTING. WE DISCLAIM ALL LIABILITY FOR ERRORS, FAILURES, OR DELAYS RESULTING FROM THIRD-PARTY ROUTING DATA OR SERVICES. WE DO NOT CONTROL THE CONDUCT OR RESPONSE OF YOUR ALERT CONTACTS, YOUR INTERNET CONNECTION, OR MOBILE CARRIER SERVICE, NOR DO WE GUARANTEE THE FUNCTION, PROGRAMMING, POWER SUPPLY, OR CHARGING OF YOUR EQUIPMENT. YOU ACKNOWLEDGE THAT 911 DIALING WILL NOT FUNCTION IN THE EVENT OF:

I. AN INTERNET SERVICE OUTAGE;
II. AN ELECTRICAL POWER FAILURE EXCEEDING BATTERY BACKUP CAPACITY;
III. SERVICE SUSPENSION OR TERMINATION; OR
IV. ANY OTHER SERVICE INTERRUPTION.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR EQUIPMENT AND SERVICE COMPLY WITH ALL APPLICABLE REGULATORY REQUIREMENTS, INCLUDING THOSE RELATING TO FIRE PANEL INTEGRATION. ZTELCO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, OR LIABILITY ARISING FROM OR RELATING TO 911 DIALING OR 911 ALERT SERVICES. YOU AGREE NOT TO RELY ON THESE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR TRADITIONAL 911 OR MONITORED EMERGENCY SYSTEMS.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ZTELCO, ITS OFFICERS, EMPLOYEES, AFFILIATES, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, OR EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR RELATING TO FAILURE OR OUTAGE OF THE EQUIPMENT OR SERVICE, INCLUDING 911 FAILURE, MISROUTED CALLS OR ALERTS, INCORRECTLY ENTERED DATA, OR UNRECEIVED NOTIFICATIONS. YOU MUST MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.

(b) LIMITATIONS ON EMERGENCY CALLING: INTERNET-BASED 911 (“E911”) SERVICE DIFFERS FROM TRADITIONAL 911. E911 AVAILABILITY VARIES BY LOCATION. IF YOUR SERVICE ADDRESS IS NOT REGISTERED OR VALIDATED, OR IF LOCAL EMERGENCY SERVICES CANNOT RECEIVE AUTOMATIC LOCATION AND CALLER ID, YOUR 911 CALL MAY BE ROUTED TO A NATIONAL EMERGENCY CALL CENTER.

Calls routed to the national emergency call center will be handled by a trained agent who will attempt to collect your name, phone number, and location, then contact the appropriate local emergency center. Such calls may not convey automatic caller location or identity. YOU AUTHORIZE ZTELCO TO
DISCLOSE YOUR NAME, PHONE NUMBER, AND ADDRESS TO THIRD PARTIES INVOLVED IN EMERGENCY CALL ROUTING, INCLUDING NATIONAL AND LOCAL EMERGENCY CENTERS.

A NON-REFUNDABLE PASS-THROUGH CHARGE WILL BE APPLIED TO YOUR INVOICE FOR EACH 911 CALL ROUTED TO A NATIONAL EMERGENCY CALL CENTER, WITHOUT EXCEPTION.

(c) NETWORK CONGESTION AND CALL ROUTING DELAYS: 911 CALLS PLACED USING INTERNET-BASED EQUIPMENT MAY EXPERIENCE DELAYS OR FAILURES DUE TO NETWORK CONGESTION OR REDUCED ROUTING SPEEDS.

(d) REGISTRATION OF PHYSICAL LOCATION REQUIRED: FOR EACH PHONE LINE OR USER ACCOUNT UTILIZED WITH THE SERVICE, YOU ARE SOLELY AND ULTIMATELY RESPONSIBLE FOR REGISTERING AND MAINTAINING THE ACCURACY OF THE PHYSICAL LOCATION WHERE THE EQUIPMENT OR SERVICE IS USED. FAILURE TO REGISTER A VALID SERVICE ADDRESS OR TO UPDATE THE SERVICE ADDRESS AFTER CHANGING LOCATIONS MAY RESULT IN EMERGENCY CALLS BEING ROUTED TO THE WRONG PUBLIC SAFETY ANSWERING POINT (PSAP), FAILURE TO DISPATCH EMERGENCY SERVICES, OR SERVICE SUSPENSION OR TERMINATION.

Your initial service address will be collected during service activation or when a new telephone number is issued. You must promptly update the registered location through your account portal if the equipment is moved or if any user of the service changes locations. If we are unable to validate a submitted address, your 911 calls may be routed to a national emergency call center pursuant to Section 9(b), or service may be terminated.

YOU ACKNOWLEDGE THAT FAILURE TO MAINTAIN ACCURATE LOCATION INFORMATION MAY RESULT IN EMERGENCY SERVICES BEING SENT TO AN INCORRECT ADDRESS OR DELAYED. YOU AGREE TO BEAR ALL COSTS, FEES, CHARGES, OR DAMAGES INCURRED BY ZTELCO OR
THIRD PARTIES ARISING OUT OF OR RELATING TO YOUR FAILURE TO REGISTER OR UPDATE LOCATION INFORMATION. USE OF THE SERVICE OUTSIDE THE UNITED STATES IS PROHIBITED AND WILL DISABLE EMERGENCY CALLING FUNCTIONALITY.

i. RESIDENTIAL SERVICE: If you are a residential service customer, you may update your registered location online via your account portal or by contacting ZTELCO support. You may register only one location per phone line or user account. ZTELCO may assess penalties or fees if 911 calls are routed to the national emergency call center as a result of your failure to register or update the service address.
ii. BUSINESS SERVICE: If you are a business service customer, YOU ARE SOLELY RESPONSIBLE FOR REGISTERING AND MAINTAINING ACCURATE PHYSICAL LOCATION INFORMATION FOR EACH PHONE LINE OR USER ON YOUR ACCOUNT. If you utilize multi-site features or have distributed users, you must register a unique and current location for each user or device.

YOU MUST ENSURE THAT LOCATION DATA REMAINS ACCURATE AND IS UPDATED IMMEDIATELY UPON ANY CHANGE. Failure to do so may result in 911 calls being routed to the wrong Public Safety Answering Point (PSAP), with emergency services dispatched to an incorrect address. ZTELCO IS NOT
RESPONSIBLE FOR ERRORS, DELAYS, OR FAILED RESPONSES RESULTING FROM OUTDATED OR INACCURATE LOCATION INFORMATION. IT IS YOUR OBLIGATION TO ENSURE ALL USERS ASSOCIATED WITH YOUR ACCOUNT UNDERSTAND AND COMPLY WITH THE REQUIREMENT TO MAINTAIN ACCURATE LOCATION DATA. Emergency personnel may return calls to a location-based contact number associated with your account rather than the specific user who placed the 911 call.

(e) USER NOTIFICATION OBLIGATIONS: YOU MUST INFORM ALL USERS, GUESTS, AND THIRD PARTIES AT YOUR LOCATION OF THE LIMITATIONS OF E911 SERVICE, INCLUDING THE POSSIBILITY THAT LOCATION INFORMATION MAY NOT BE AUTOMATICALLY PROVIDED.

(f) LANDLINE BACKUP FOR 911 CALLING: IF A LANDLINE IS CONNECTED TO YOUR EQUIPMENT, 911 CALLS MAY BE ROUTED THROUGH YOUR LOCAL TELEPHONE PROVIDER INSTEAD OF ZTELCO. IN SUCH CASES, YOUR LOCAL PROVIDER IS RESPONSIBLE FOR EMERGENCY CALL HANDLING.

(g) 911 ALERT FEATURE: SUBJECT TO AVAILABILITY, YOU MAY CONFIGURE ALERT CONTACTS TO RECEIVE TEXT OR EMAIL NOTIFICATIONS WHEN A 911 CALL IS PLACED. YOU MUST CORRECTLY ENTER, CONFIGURE, AND TEST THIS FEATURE. ZTELCO DISCLAIMS LIABILITY FOR FAILURE TO DELIVER ALERTS DUE TO USER ERROR, INCORRECT CONTACT INFORMATION, OR NETWORK INTERRUPTIONS. DO NOT DIAL 911 TO TEST. USE 611 TO VERIFY FUNCTIONALITY. MESSAGE AND DATA RATES MAY APPLY.

(h) WARNING LABEL REQUIREMENTS: YOU AGREE TO AFFIX WARNING LABELS NEAR EACH DEVICE USED WITH THE SERVICE TO INFORM USERS OF THE LIMITATIONS OF 911 CALLING.

10. ADDITIONAL TERMS OF EQUIPMENT AND SERVICE

(a) LIFE SAFETY OR CRITICAL USES – NO EMERGENCY MONITORING: YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ANY ASSOCIATED EQUIPMENT, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT CERTIFIED FOR EMERGENCY RESPONSE. THEY ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. UNDER NO CIRCUMSTANCES WILL ZTELCO DISPATCH EMERGENCY SERVICES TO YOUR LOCATION IN THE EVENT OF AN EMERGENCY.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON ZTELCO SERVICES OR EQUIPMENT FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. ZTELCO MAKES NO WARRANTY OR REPRESENTATION REGARDING THE USE, FUNCTIONALITY, OR COMPATIBILITY OF ITS SERVICES OR EQUIPMENT WITH ANY THIRD-PARTY PRODUCTS OR SERVICES.

USE OF ZTELCO SERVICES FOR ANY LIFE SAFETY, CRITICAL, OR EMERGENCY APPLICATIONS IS STRICTLY AT YOUR OWN RISK.

(b) LIFE SAFETY OR CRITICAL USES – GENERAL DISCLAIMER: ZTELCO MAKES NO WARRANTY OR REPRESENTATION THAT THE EQUIPMENT OR SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH ANY THIRD-PARTY PRODUCTS OR SERVICES, ARE SUITABLE FOR LIFE SAFETY OR CRITICAL APPLICATIONS. YOU ACKNOWLEDGE THAT THE EQUIPMENT AND SERVICES ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. UNDER NO CIRCUMSTANCES WILL ZTELCO DISPATCH EMERGENCY SERVICES IN THE EVENT OF AN EMERGENCY. YOU AGREE THAT YOU WILL NOT RELY ON THE EQUIPMENT OR SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES, AND THAT DOING SO IS STRICTLY AT YOUR OWN RISK.

(c) RELIABILITY OF SERVICES: YOU ACKNOWLEDGE THAT ZTELCO’S SERVICES, INCLUDING REMOTE ACCESS AND MOBILE NOTIFICATIONS, ARE NOT ERROR-FREE OR GUARANTEED TO BE 100% RELIABLE OR AVAILABLE AT ALL TIMES. PROPER FUNCTIONING DEPENDS ON SEVERAL FACTORS OUTSIDE OF ZTELCO’S CONTROL, INCLUDING YOUR INTERNET CONNECTION, LOCAL NETWORK ENVIRONMENT, COMPATIBLE DEVICES (SUCH AS SMARTPHONES OR TABLETS), POWER SUPPLY, AND ANY APPLICABLE WIRELESS OR DATA PROVIDERS. SERVICE INTERRUPTIONS MAY OCCUR DUE TO, BUT NOT LIMITED TO,
INSUFFICIENT COVERAGE, OUTAGES, NETWORK CONGESTION, TERMINATION OF SERVICE, INTERFERENCE, FAILURE TO PAY APPLICABLE CHARGES, SCHEDULED OR EMERGENCY MAINTENANCE, OR PRIORITY ACCESS GRANTED TO EMERGENCY PERSONNEL DURING A DISASTER.

You understand that such interruptions may render the Services unreliable or unavailable during the affected period. We make no guarantees that you will receive alerts, notifications, or messages within any specific timeframe, or at all.

DO NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL USE. MOBILE NOTIFICATIONS ARE PROVIDED FOR CONVENIENCE ONLY AND ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM.

ZTELCO does not monitor the Services for emergency purposes and will not dispatch emergency responders under any circumstances. It is solely your responsibility to educate yourself on how to respond to emergencies and to act accordingly based on the conditions of your specific situation.

(d) SERVICE INTERRUPTIONS; NO REFUNDS OR CREDITS: YOU ACKNOWLEDGE THAT THE SERVICES MAY BE TEMPORARILY SUSPENDED, INTERRUPTED, OR DEGRADED WITHOUT NOTICE DUE TO SYSTEM FAILURES, MAINTENANCE, SECURITY EVENTS, POWER OUTAGES, NATURAL DISASTERS, OR ANY OTHER CAUSE BEYOND ZTELCO’S REASONABLE CONTROL. THESE INTERRUPTIONS MAY AFFECT YOUR ABILITY TO ACCESS OR USE THE SERVICES, INCLUDING EMERGENCY CALLING CAPABILITIES.

ZTELCO DOES NOT GUARANTEE UNINTERRUPTED SERVICE AND DISCLAIMS ALL WARRANTIES RELATING TO UPTIME. NO CREDITS, REFUNDS, OR COMPENSATION WILL BE ISSUED FOR ANY INTERRUPTION OR DEGRADATION IN SERVICE, REGARDLESS OF DURATION OR CAUSE.

(e) PRIVACY AND SECURITY: THE CALLING CAPABILITY AND ZTELCO SERVICES USE THE PUBLIC INTERNET, THIRD-PARTY NETWORKS, AND INTERNAL WIRING AT CUSTOMER’S PREMISES TO TRANSMIT COMMUNICATIONS. ZTELCO HAS ENGINEERED ITS EQUIPMENT AND SERVICES USING COMMERCIALLY REASONABLE EFFORTS TO MINIMIZE THE RISK OF PRIVACY LOSS WHEN USING SUCH SYSTEMS. HOWEVER, ZTELCO CANNOT GUARANTEE COMPLETE SECURITY OR CONFIDENTIALITY OF ANY COMMUNICATION TRANSMITTED THROUGH THESE MEANS. ZTELCO TREATS THE CONTENT OF COMMUNICATIONS AS PRIVATE, EXCEPT AS MAY BE REQUIRED BY LAW. PLEASE REFER TO OUR PRIVACY POLICY FOR ADDITIONAL INFORMATION REGARDING OUR DATA HANDLING PRACTICES LOCATED AT WWW.ZTELCO.COM.

(f) CYBERSECURITY: ZTELCO IMPLEMENTS ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS DESIGNED TO PROTECT THE CONFIDENTIALITY  AND SECURITY OF YOUR PERSONAL INFORMATION. HOWEVER, NO INFORMATION TRANSMISSION OR STORAGE SYSTEM ON THE INTERNET IS 100% SECURE. AS A RESULT, ZTELCO CANNOT GUARANTEE, ENSURE, OR WARRANT THE SECURITY OF ANY INFORMATION OR CONTENT YOU TRANSMIT TO US. THERE IS NO GUARANTEE THAT SUCH INFORMATION OR CONTENT WILL NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY A BREACH OF OUR
SAFEGUARDS.

The SECURITY OF YOUR ACCOUNT CREDENTIALS AND ANY STORED CONTENT IS ALSO YOUR RESPONSIBILITY. You must take steps to protect your login credentials and content. Communications sent to ZTELCO through unencrypted channels (such as standard email) may not be secure. WE STRONGLY ADVISE YOU NOT TO TRANSMIT CONFIDENTIAL INFORMATION VIA THESE METHODS.

Refer to our PRIVACY POLICY for further guidance located at www.ZTELCO.com.

(g) MANAGED SERVICES AND DATA COLLECTION: IF YOU UTILIZE A ZTELCO-MANAGED ACCESS POINT, YOU ACKNOWLEDGE AND AGREE THAT THE EQUIPMENT MAY COLLECT DATA ABOUT DEVICES CONNECTED TO YOUR NETWORK AND HOW YOUR NETWORK IS USED. THIS DATA MAY INCLUDE PERSONALLY IDENTIFIABLE INFORMATION OF END USERS. BY USING THESE SERVICES, YOU CONSENT TO THE COLLECTION, PROCESSING, AND
TRANSFER OF SUCH DATA TO ZTELCO.

IT IS YOUR RESPONSIBILITY TO NOTIFY END USERS AND OBTAIN ANY NECESSARY CONSENTS REGARDING THE USE AND SHARING OF THIS DATA. INFORMATION COLLECTED MAY INCLUDE, BUT IS NOT LIMITED TO: DEVICE NAMES, MAC AND IP ADDRESSES (INCLUDING IPV6), OPERATING SYSTEM NAMES, USERNAMES, USER PROFILE NAMES, AND INTERACTIONS WITH INTERNET WEBSITES, APPLICATIONS, OR ADVERTISEMENTS.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ZTELCO FROM ANY CLAIMS RELATED TO YOUR FAILURE TO OBTAIN SUCH CONSENTS OR TO PROVIDE REQUIRED DISCLOSURES.

(h) COMPATIBILITY WITH THIRD-PARTY SECURITY AND ALERT SYSTEMS: ZTELCO’S EQUIPMENT AND SERVICES MAY NOT BE COMPATIBLE WITH CERTAIN HOME SECURITY OR MEDICAL ALERT SYSTEMS THAT COMMUNICATE BY DIALING A TELEPHONE NUMBER THROUGH A TRADITIONAL LANDLINE. YOU MAY NEED TO MAINTAIN A SEPARATE LANDLINE OR CELLULAR SERVICE FROM YOUR LOCAL CARRIER TO ENSURE CONTINUED OPERATION OF THOSE SYSTEMS.

YOU ARE SOLELY RESPONSIBLE FOR VERIFYING COMPATIBILITY WITH YOUR THIRD-PARTY HOME SECURITY OR MEDICAL ALERT PROVIDER. ZTELCO DOES NOT WARRANT OR GUARANTEE COMPATIBILITY WITH THIRD-PARTY SYSTEMS AND DISCLAIMS ALL LIABILITY FOR ANY FAILURE, INTERRUPTION, OR DISRUPTION TO SUCH SYSTEMS.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ZTELCO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SERVICE PARTNERS FROM ANY CLAIMS OR DAMAGES ARISING OUT OF INCOMPATIBILITY OR INTERFERENCE WITH THIRD-PARTY SECURITY OR MEDICAL SYSTEMS.

(i) INTERNATIONAL USAGE: ZTELCO EQUIPMENT AND SERVICES ARE DESIGNED FOR USE WITHIN THE UNITED STATES. SERVICE IS SUPPORTED ONLY IN CONJUNCTION WITH A U.S.-BASED HIGH-SPEED INTERNET PROVIDER. INTERNATIONAL INSTALLATION OR USAGE IS NOT SUPPORTED.

If you choose to install or use ZTELCO Equipment or Services outside of the United States, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING EXPORT CONTROL LAWS, TAXES, TARIFFS, AND REGULATORY REQUIREMENTS, whether in the U.S. or the country of use.

ZTELCO MAKES NO WARRANTY REGARDING PERFORMANCE, FUNCTIONALITY, OR LEGALITY OF USE OUTSIDE THE UNITED STATES. ZTELCO MAY TERMINATE OR RESTRICT SERVICE FOR NON-U.S. INSTALLATIONS WITHOUT NOTICE.

(j) VOICE-TO-TEXT LIMITATIONS: SOME ZTELCO SERVICES MAY INCLUDE A VOICEMAIL TRANSCRIPTION FEATURE THAT CONVERTS VOICE MESSAGES INTO TEXT. YOU UNDERSTAND AND AGREE THAT THESE TRANSCRIPTIONS MAY BE INACCURATE OR INCOMPLETE. YOU REMAIN RESPONSIBLE FOR REVIEWING THE ORIGINAL AUDIO RECORDING TO CONFIRM THE MESSAGE CONTENT.

Certain transcription features may use human-assisted conversion services. Accordingly, the privacy and confidentiality of these messages cannot be guaranteed. By using this feature, YOU EXPRESSLY RELEASE ZTELCO AND ITS THIRD-PARTY PROVIDERS FROM ANY LIABILITY ARISING FROM
TRANSCRIPTION ERRORS OR DISCLOSURE OF INFORMATION.

(k) X11 DIALING LIMITATIONS: ZTELCO MAKES COMMERCIALLY REASONABLE EFFORTS TO SUPPORT ACCESS TO CERTAIN X11 SERVICES SUCH AS 311, 511, AND SIMILAR MUNICIPAL OR INFORMATIONAL CODES. HOWEVER, AVAILABILITY OF THESE SERVICES IS NOT GUARANTEED AND MAY VARY BASED ON EQUIPMENT CONFIGURATION, SERVICE AREA, OR NETWORK CONDITIONS. ACCESS TO 911, 411, AND 711 IS EXPRESSLY PROVIDED WHERE
REQUIRED, BUT FOR OTHER X11 CODES, FUNCTIONALITY MAY BE UNAVAILABLE OR UNRELIABLE. TO ENSURE UNINTERRUPTED ACCESS TO ALL X11 SERVICES, YOU MAY NEED TO MAINTAIN A SEPARATE LANDLINE OR CELLULAR TELEPHONE SERVICE. ZTELCO DISCLAIMS ALL LIABILITY FOR THE AVAILABILITY OR FUNCTIONALITY OF ANY NON-SUPPORTED X11 SERVICES.

(l) NO OPERATOR SERVICES OR 0+ DIALING: ZTELCO SERVICES DO NOT SUPPORT 0+, 0−, OR OPERATOR-ASSISTED CALLING, INCLUDING WITHOUT LIMITATION COLLECT CALLS, THIRD-PARTY BILLING CALLS, 900 NUMBERS, OR CALLING CARD CALLS. IF YOU REQUIRE ACCESS TO THESE SERVICES, YOU MUST USE AN ALTERNATE TELEPHONE SERVICE. ZTELCO DISCLAIMS ANY LIABILITY FOR THE INABILITY TO ACCESS THESE SERVICES THROUGH OUR EQUIPMENT OR PLATFORM.

(m) NO DIRECTORY LISTING FOR RESIDENTIAL SERVICES: ZTELCO DOES NOT PROVIDE DIRECTORY LISTING SERVICES FOR RESIDENTIAL CUSTOMERS. PHONE NUMBERS ASSIGNED BY ZTELCO WILL NOT APPEAR IN PUBLIC TELEPHONE DIRECTORIES OR DIRECTORY ASSISTANCE DATABASES. ACCORDINGLY, INDIVIDUALS OR ORGANIZATIONS ATTEMPTING TO IDENTIFY YOUR ADDRESS USING A REVERSE DIRECTORY SEARCH MAY BE UNABLE TO DO SO. ZTELCO IS NOT LIABLE FOR ANY FAILURE BY THIRD-PARTY DIRECTORY SERVICES TO EXCLUDE YOUR NUMBER OR FOR ANY DAMAGES RESULTING
FROM THE PUBLICATION OR MISUSE OF YOUR NUMBER.

(n) THIRD-PARTY PRODUCTS AND SERVICES: ZTELCO MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE COMPATIBILITY OR FUNCTIONALITY OF ANY THIRD-PARTY PRODUCTS OR SERVICES USED IN CONJUNCTION WITH ZTELCO EQUIPMENT OR SERVICES. WE ARE NOT RESPONSIBLE FOR ANY FAILURES, INTERRUPTIONS, OR ERRORS CAUSED BY THIRD-PARTY SOFTWARE, HARDWARE, NETWORKS, OR SYSTEMS. YOU
ACKNOWLEDGE THAT SUPPORT FOR THIRD-PARTY PRODUCTS OR SERVICES IS OUTSIDE THE SCOPE OF ZTELCO’S SERVICE OBLIGATIONS. ANY MALFUNCTION, DEGRADATION, OR FAILURE IN OUR SERVICES CAUSED BY SUCH THIRD-PARTY PRODUCTS OR SERVICES IS
YOUR RESPONSIBILITY, AND YOU ASSUME ALL ASSOCIATED RISK.

(o) VOICE RECORDING AND CALL MONITORING: IF YOU USE ANY CALL RECORDING OR MONITORING FEATURES OFFERED BY ZTELCO, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS REGARDING ELECTRONIC RECORDING AND MONITORING OF TELEPHONE CONVERSATIONS.

Many jurisdictions require notice or consent prior to recording or monitoring. ZTELCO makes no representation that its services comply with any such requirements. You agree to indemnify, defend, and hold harmless ZTELCO, its affiliates, officers, employees, and vendors against any claims arising from or
relating to the use or misuse of recording or monitoring functionality. ZTELCO IS NOT LIABLE FOR YOUR FAILURE TO COMPLY WITH APPLICABLE LAW.

(p) MEETINGS AND VIDEO SERVICES – LIMITED SUPPORT: MEETING AND VIDEO SERVICES PROVIDED BY ZTELCO ARE OFFERED “AS IS” AND WITHOUT ANY COMMITMENT OF AVAILABILITY, RELIABILITY, OR CONTINUED FEATURE SUPPORT. UNLESS OTHERWISE AGREED IN WRITING, ZTELCO DOES NOT GUARANTEE PERFORMANCE, UPTIME, OR SUPPORT FOR ANY SPECIFIC FUNCTION OR FEATURE. ZTELCO RESERVES THE RIGHT TO MODIFY, DISCONTINUE, OR LIMIT ANY ASPECT OF SUCH SERVICES AT ANY TIME WITHOUT NOTICE.

(q) INSTALLATION, TESTING, AND USE OF THIRD-PARTY EQUIPMENT: ZTELCO DOES NOT PROVIDE, INSTALL, OR SUPPORT ANY HOME SECURITY OR LIFE SAFETY EQUIPMENT, INCLUDING BUT NOT LIMITED TO SMOKE DETECTORS, SENSORS, OR ALARMS. IF YOU CHOOSE TO USE ZTELCO SERVICES IN CONJUNCTION WITH THIRD-PARTY SECURITY EQUIPMENT, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY THIRD-PARTY EQUIPMENT IS INSTALLED, TESTED, AND MAINTAINED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS. ZTELCO MAKES NO WARRANTY REGARDING THE OPERATION OR COMPATIBILITY OF SUCH EQUIPMENT WITH ITS SERVICES.

(r) BATTERY MAINTENANCE AND MONITORING: IF YOU USE THIRD-PARTY DEVICES THAT RELY ON BATTERY POWER, IT IS YOUR RESPONSIBILITY TO MONITOR AND REPLACE BATTERIES AS NEEDED. FAILURE TO DO SO MAY RESULT IN DEVICE MALFUNCTION OR TOTAL FAILURE, INCLUDING FAILURE TO DETECT OR REPORT EMERGENCIES. ZTELCO MAKES NO REPRESENTATION THAT ITS SERVICES WILL NOT BE IMPACTED BY POWER OR BATTERY FAILURES IN ANY CONNECTED DEVICES.

(s) SMOKE DETECTORS AND COMPLIANCE WITH SAFETY STANDARDS: ZTELCO DOES NOT MANUFACTURE OR SELL SMOKE DETECTORS. ANY USE OF ZTELCO SERVICES IN COMBINATION WITH SUCH DEVICES DOES NOT CONSTITUTE A CERTIFIED FIRE ALARM SYSTEM. YOU ARE RESPONSIBLE FOR ENSURING COMPLIANCE WITH ALL STATE, LOCAL, AND INDUSTRY REGULATIONS OR CODES, INCLUDING BUT NOT LIMITED TO NFPA 72 OR SIMILAR STANDARDS. ZTELCO DISCLAIMS ALL LIABILITY ARISING FROM THE FAILURE OF ANY CONNECTED OR INTEGRATED THIRD-PARTY SAFETY EQUIPMENT, INCLUDING SMOKE DETECTORS, TO OPERATE AS INTENDED.

(t) USE ONLY CERTIFIED THIRD-PARTY DEVICES AND SERVICES: THE ZTELCO PLATFORM MAY SUPPORT COMMUNICATION WITH CERTAIN THIRD-PARTY SMART DEVICES THROUGH COMMON STANDARDS SUCH AS WI-FI, BLUETOOTH, AND IP-BASED PROTOCOLS. HOWEVER, DEVICES OR SERVICES NOT EXPRESSLY LISTED BY ZTELCO AS COMPATIBLE MAY FAIL TO FUNCTION PROPERLY OR MAY EXPERIENCE REDUCED PERFORMANCE OR LIMITED FUNCTIONALITY. YOU AGREE TO ONLY USE THIRD-PARTY PRODUCTS AND SERVICES THAT ARE APPROVED BY ZTELCO FOR COMPATIBILITY. BY CONNECTING ANY NON-CERTIFIED DEVICE OR SERVICE TO THE ZTELCO PLATFORM, YOU DO SO AT YOUR OWN RISK. ZTELCO DISCLAIMS ALL LIABILITY FOR ANY DAMAGES, INJURIES, OR LOSSES ARISING FROM THE USE OF NON-CERTIFIED THIRD-PARTY PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF FUNCTIONALITY, SERVICE INTERRUPTIONS, OR SAFETY FAILURES. BY USING NON-CERTIFIED PRODUCTS OR SERVICES, YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD ZTELCO HARMLESS FROM ANY RESULTING CLAIMS OR DAMAGES.

(u) EXPORT AND REGULATORY COMPLIANCE: THE ZTELCO PLATFORM IS DESIGNED FOR USE WITHIN THE UNITED STATES. EXPORT OR USE OF THE EQUIPMENT OR SERVICES OUTSIDE THE UNITED STATES MAY BE SUBJECT TO U.S. EXPORT LAWS, FOREIGN REGULATIONS, OR INTERNATIONAL TREATIES. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ANY AND ALL EXPORT, TAX, REGULATORY, AND LEGAL REQUIREMENTS
IF YOU INSTALL OR USE THE SYSTEM OUTSIDE THE U.S. ZTELCO MAY TERMINATE OR SUSPEND SERVICE TO SYSTEMS OPERATING OUTSIDE THE U.S. WITHOUT NOTICE. ANY TAXES, PENALTIES, OR FEES INCURRED AS A RESULT OF FOREIGN INSTALLATION OR USE ARE YOUR SOLE RESPONSIBILITY.

(v) TRANSCRIPTION AND CONVERSION SERVICES: CERTAIN ZTELCO FEATURES MAY PROVIDE TRANSCRIPTION OR CONVERSION OF VOICE TO TEXT. SUCH CONVERSIONS MAY BE AUTOMATED, HUMAN-AIDED, OR COMBINED, AND ACCURACY CANNOT BE GUARANTEED. THESE SERVICES ARE PROVIDED FOR CONVENIENCE ONLY, AND YOU REMAIN RESPONSIBLE FOR LISTENING TO ORIGINAL AUDIO RECORDINGS WHERE ACCURACY MATTERS. YOU AGREE THAT PRIVACY CANNOT BE GUARANTEED FOR HUMAN-AIDED CONVERSIONS. BY USING THESE SERVICES, YOU EXPRESSLY RELEASE ZTELCO AND ANY THIRD-PARTY PROVIDERS FROM LIABILITY RELATING TO ERRORS, OMISSIONS, OR DISCLOSURE IN THE TRANSCRIPTION PROCESS.

(w) X11 SERVICES LIMITATIONS: EXCEPT FOR EMERGENCY SERVICES (911), DIRECTORY ASSISTANCE (411), AND RELAY SERVICES (711), THE ZTELCO PLATFORM MAY NOT SUPPORT OTHER X11 SERVICES SUCH AS 311 OR 511 IN SOME OR ALL REGIONS. TO RETAIN ACCESS TO THESE SERVICES, YOU MAY NEED TO MAINTAIN A SEPARATE TRADITIONAL TELEPHONE LINE. ZTELCO IS NOT LIABLE FOR THE UNAVAILABILITY OF NON-SUPPORTED X11 DIALING.

(x) OPERATOR-ASSISTED AND OTHER NON-STANDARD CALLING: THE ZTELCO PLATFORM DOES NOT SUPPORT 0+ OR OPERATOR-ASSISTED CALLING, INCLUDING COLLECT CALLS, THIRD-PARTY BILLING, 900 NUMBERS, OR CALLING CARD SERVICES. IF YOU REQUIRE THESE SERVICES, YOU MUST MAINTAIN AN ALTERNATIVE TELEPHONY SOLUTION.

11. SERVICE CHARGES, BILLING, AND PAYMENT

(a) SERVICE CHARGES, TAXES, AND FEES: ZTELCO MAY CHARGE YOU FEES FOR SERVICES, EQUIPMENT, ACTIVATION, INTERNATIONAL USAGE, ADVANCED FEATURES, PREMIUM SERVICES, DATA USAGE, 911 AND 988 SERVICE, REGULATORY COMPLIANCE, UNIVERSAL SERVICE, RECONNECTION, SHIPPING AND HANDLING, AND OTHER APPLICABLE TAXES OR SURCHARGES. CURRENT RATES ARE AVAILABLE UPON REQUEST AND ARE INCORPORATED BY REFERENCE INTO THESE TERMS. FEES MAY CHANGE WITHOUT NOTICE. FAILURE TO PAY ANY FEES MAY RESULT IN SUSPENSION OR TERMINATION OF YOUR ACCOUNT.

(b) VALID CREDIT OR DEBIT CARD REQUIRED: TO ACTIVATE SERVICE OR RENT/PURCHASE EQUIPMENT, YOU MUST PROVIDE A VALID CREDIT OR DEBIT CARD AND A CURRENT BILLING ADDRESS. IF YOUR CARD EXPIRES, IS REPLACED, OR ITS BILLING INFORMATION CHANGES, YOU MUST UPDATE US IMMEDIATELY. YOU AUTHORIZE ZTELCO TO CHARGE YOUR CARD FOR RECURRING PAYMENTS AND ANY UPDATED PAYMENT INFORMATION PROVIDED BY YOUR CARD ISSUER. YOUR ACCOUNT MAY BE TERMINATED IF PAYMENT IS STOPPED OR DECLINED.

(c) PAYMENTS: ZTELCO ONLY ACCEPTS PAYMENT BY CREDIT, DEBIT CARD, CHECK, OR ACH. YOUR PURCHASE OR ACTIVATION AUTHORIZES RECURRING CHARGES UNTIL YOU CANCEL IN WRITING AT LEAST THIRTY (30) DAYS IN ADVANCE. A TERMINATION FEE OR ANY OUTSTANDING BALANCE MAY STILL APPLY.

i. Collection: If service is terminated, you remain liable for all unpaid charges and any collection costs, including legal fees.

ii. Notices: You waive your rights under U.S. Regulation E to advance notice of debits. ZTELCO may or may not send billing notices and may change such practices without notice.

iii. Late and Partial Payments: ZTELCO may assess a late fee of 1.5% per month on past-due balances or the maximum permitted by law. Acceptance of partial payments does not waive our right to collect the full amount. A non-refundable processing fee may apply to failed payments.

(d) AUTOMATIC BILLING: SOME SERVICES INCLUDE AUTOMATIC REBILLING. YOUR CREDIT CARD WILL BE AUTOMATICALLY CHARGED AT THE END OF EACH TERM UNLESS YOU CANCEL SERVICE AT LEAST THIRTY (30) DAYS PRIOR TO REBILLING. FAILURE TO CANCEL ON TIME WILL RESULT IN CONTINUED BILLING, AND YOU AGREE TO HOLD ZTELCO HARMLESS FOR ANY RESULTING CHARGES.

In the event your primary designated payment method is declined, rejected, or otherwise fails to process, you authorize ZTELCO to charge any other valid payment method that you have previously provided and authorized for use in connection with the Services. This authorization remains in effect until you update or revoke such payment methods by providing written notice and removing them from the account.

(e) PREPAID SERVICES: INTERNATIONAL CALLS, DIRECTORY ASSISTANCE, AND CERTAIN FEATURES REQUIRE A PREPAID BALANCE. ONCE DEPLETED, SERVICE WILL BE DISABLED UNTIL ADDITIONAL FUNDS ARE ADDED. USAGE RATES ARE AVAILABLE UPON REQUEST.

(f) NO SERVICE CREDIT: SERVICES ARE PROVIDED ON A COMMERCIALLY REASONABLE EFFORT BASIS. NO CREDITS, REFUNDS, OR COMPENSATION WILL BE ISSUED FOR INTERRUPTIONS OR FAILURES OF SERVICE OR EQUIPMENT.

(g) BILLING DISPUTES: IF YOU DISPUTE A CHARGE, YOU MUST NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS OF THE CHARGE OR YOU WAIVE YOUR RIGHT TO DISPUTE IT. DISPUTES SHOULD BE SENT TO: ZTELCO, C/O BILLING DEPARTMENT, 12585 KIRKHAM COURT, POWAY, CA 92064 OR  BILLING@ZTELCO.COM.

(h) REACTIVATION AND NUMBER CHANGE FEE: ZTELCO MAY CHARGE A FEE TO REACTIVATE SERVICE OR TO CHANGE YOUR PHONE NUMBER.

(i) NUMBER PORTING FEE: NUMBER PORTING IS SUBJECT TO AVAILABILITY AND THIRD-PARTY RULES. ZTELCO MAY CHARGE A FEE FOR PORTING YOUR NUMBER. DO NOT CANCEL YOUR EXISTING SERVICE UNTIL PORTING IS COMPLETE. PORTING MAY TAKE UP TO TWENTY-ONE (21) DAYS OR LONGER.

(j) COLLECT CALLS AND THIRD-PARTY BILLING: IF YOU INCUR CHARGES FOR COLLECT CALLS OR OTHER THIRD-PARTY SERVICES, ZTELCO WILL BILL YOU FOR THOSE CHARGES PLUS A SERVICE FEE. FAILURE TO PAY MAY RESULT IN SUSPENSION OR TERMINATION OF SERVICE.

(k) RESELLERS: IF YOU RECEIVE SERVICE THROUGH A RESELLER, THEIR TERMS MAY SUPERSEDE SECTIONS (A) THROUGH (J) OF THIS AGREEMENT. CHECK WITH YOUR RESELLER AGREEMENT FOR APPLICABLE TERMS.

(l) ANNUAL PAYMENT DISCOUNT: ZTELCO MAY OFFER ELIGIBLE CUSTOMERS A TEN PERCENT (10%) DISCOUNT ON SELECTED SERVICES WHEN PAYMENT IS MADE IN FULL ON AN ANNUAL BASIS. ELIGIBILITY FOR THIS DISCOUNT, AND THE SPECIFIC SERVICES TO WHICH IT APPLIES, SHALL BE DETERMINED AT THE TIME OF ORDER AND SET FORTH IN THE APPLICABLE SERVICE AGREEMENT OR QUOTE. THIS DISCOUNT DOES NOT APPLY TO TAXES, FEES, SURCHARGES, OR ANY SERVICES NOT EXPRESSLY IDENTIFIED AS ELIGIBLE IN THE SERVICE AGREEMENT. THE ANNUAL PAYMENT DISCOUNT IS NOT TRANSFERABLE AND MAY NOT BE COMBINED WITH OTHER PROMOTIONS UNLESS EXPRESSLY STATED IN WRITING BY ZTELCO.

(m) ADDITIONAL SERVICES; MID-TERM ADDITIONS: NEW OR ADDITIONAL SERVICES ADDED TO AN ACCOUNT DURING AN ACTIVE ANNUAL TERM ARE NOT INCLUDED IN THE INITIAL ANNUAL PAYMENT AMOUNT AND WILL BE BILLED SEPARATELY AT THE APPLICABLE RATE. SUCH ADDITIONAL SERVICES WILL BE PRO-RATED FOR THE REMAINDER OF THE THEN-CURRENT ANNUAL TERM AND INVOICED ACCORDINGLY. ANY VERBAL REPRESENTATIONS OR WRITTEN CLAIMS REGARDING PRICING, DISCOUNTS, OR SERVICE INCLUSIONS THAT ARE NOT EXPRESSLY SET FORTH IN THE APPLICABLE SERVICE
AGREEMENT ARE HEREBY SUPERSEDED BY THE TERMS OF THIS AGREEMENT AND THE APPLICABLE SERVICE AGREEMENT. NO VERBAL PROMISE OR REPRESENTATION BY ANY ZTELCO EMPLOYEE, AGENT, OR RESELLER SHALL MODIFY OR SUPPLEMENT THE TERMS OF THIS AGREEMENT OR ANY SERVICE AGREEMENT UNLESS REDUCED TO WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF ZTELCO.

(n) INVOICE DUE DATE; COLLECTIONS: ALL INVOICES ISSUED BY ZTELCO ARE DUE AND PAYABLE WITHIN FIFTEEN (15) DAYS OF THE INVOICE DATE (NET 15). FAILURE TO REMIT PAYMENT IN FULL BY THE DUE DATE WILL SUBJECT THE CUSTOMER’S ACCOUNT TO SUSPENSION AND COLLECTIONS PROCESSES IN ACCORDANCE WITH ZTELCO’S STANDARD PRACTICES, INCLUDING BUT NOT LIMITED TO LATE FEES UNDER SECTION 11(C)(III), ACCOUNT SUSPENSION UNDER SECTION 13(B), AND REFERRAL TO THIRD-PARTY COLLECTION AGENCIES. REINSTATEMENT OF SERVICE FOLLOWING SUSPENSION OR TERMINATION FOR NON-PAYMENT REQUIRES PAYMENT IN FULL OF ALL OUTSTANDING BALANCES, INCLUDING ANY APPLICABLE LATE FEES AND CHARGES, PRIOR TO RESTORATION OF SERVICE. A CUSTOMER WHO WAS ENROLLED IN THE ANNUAL PAYMENT DISCOUNT PROGRAM PRIOR TO SUSPENSION SHALL RETAIN ELIGIBILITY FOR THAT DISCOUNT UPON REINSTATEMENT, PROVIDED THAT ALL OUTSTANDING BALANCES ARE
PAID IN FULL AND THE ACCOUNT IS RETURNED TO GOOD STANDING.

(o) PAYMENT PROCESSING FEE; AUTOPAY DISCOUNT: ZTELCO MAY ASSESS A MONTHLY PAYMENT PROCESSING FEE OF UP TO TEN DOLLARS ($10.00) PER ACCOUNT IN CONNECTION WITH BILLING, PAYMENT HANDLING, AND ADMINISTRATIVE COSTS ASSOCIATED WITH MAINTAINING ACTIVE SERVICE. CUSTOMERS WHO ELECT TO ENROLL IN AUTOPAY USING AN APPROVED PAYMENT METHOD MAY RECEIVE A MONTHLY DISCOUNT IN AN AMOUNT EQUAL TO THE APPLICABLE PAYMENT PROCESSING FEE. SUCH DISCOUNT SHALL APPLY ONLY WHILE AUTOPAY REMAINS ACTIVE AND IN GOOD STANDING ON THE ACCOUNT. IF AUTOPAY IS REMOVED, DECLINED, OR OTHERWISE DISABLED FOR ANY REASON, THE DISCOUNT WILL BE AUTOMATICALLY REMOVED AND THE PAYMENT PROCESSING FEE WILL APPLY BEGINNING WITH THE NEXT BILLING CYCLE. ZTELCO RESERVES THE RIGHT TO MODIFY THE AMOUNT OF THE PAYMENT PROCESSING FEE AND/OR THE ASSOCIATED DISCOUNT AT ANY TIME IN ACCORDANCE WITH THIS AGREEMENT.

12. RETURN OF EQUIPMENT AND REFUNDS

(a) PURCHASES DIRECTLY FROM ZTELCO: IF YOU PURCHASED EQUIPMENT DIRECTLY FROM ZTELCO, YOU MAY RETURN IT WITHIN THIRTY (30) DAYS OF RECEIPT FOR A REFUND OF THE PURCHASE PRICE, PROVIDED THAT YOU:

i. Return all equipment in original condition within fourteen (14) days of account termination. Original packaging is preferred;
ii. Terminate your account within the same thirty (30) day period;
iii. Include original proof of purchase and all parts and accessories;
iv. Obtain a valid return authorization number from ZTELCO Customer Support prior to returning the equipment;
v. Pay all shipping costs for returning the equipment.

You may only return equipment for a refund once. ZTELCO reserves the right to charge a 20% restocking fee.

(b) PURCHASES FROM 3RD PARTY VENDORS: IF YOU PURCHASED EQUIPMENT FROM A THIRD-PARTY RESELLER, YOU MAY NOT RETURN IT TO ZTELCO. RETURNS MUST BE HANDLED THROUGH THE RESELLER AND ARE SUBJECT TO THEIR RETURN POLICY.

(c) NO REFUNDS ON UNUSED SERVICES: SUBJECT TO APPLICABLE LAW, THERE ARE NO REFUNDS FOR UNUSED SERVICE TERMS. ALL CHARGES, TAXES, FEES, AND PREPAID BALANCES ARE NON-REFUNDABLE.

13. TERMINATION OF SERVICES

(a) TERMINATION BY CUSTOMER: YOU MAY TERMINATE ANY OR ALL SERVICES BY PROVIDING ZTELCO WITH NO LESS THAN THIRTY (30) DAYS’ PRIOR WRITTEN NOTICE VIA THE CONTACT METHODS PUBLISHED ON OUR WEBSITE. TERMINATION WILL BECOME EFFECTIVE THIRTY (30) DAYS AFTER SUCH WRITTEN NOTICE IS RECEIVED UNLESS OTHERWISE AGREED IN WRITING. IF YOU ARE UNDER A SERVICE TERM AS DEFINED IN YOUR MASTER SERVICES AGREEMENT (MSA) OR OTHER WRITTEN CONTRACT, EARLY TERMINATION WILL RESULT IN EARLY TERMINATION FEES (ETFS) EQUAL TO THE UNPAID
REMAINDER OF THE COMMITTED TERM. ALL ETFS MUST BE PAID IN FULL WITHIN FOURTEEN (14) DAYS OF YOUR TERMINATION NOTICE. SERVICE CHARGES ARE NON-REFUNDABLE.

(b) TERMINATION BY ZTELCO: WE MAY SUSPEND OR TERMINATE ANY OR ALL SERVICES, OR YOUR ABILITY TO USE EQUIPMENT, AT ANY TIME AND WITHOUT LIABILITY TO YOU, INCLUDING FOR SERVICES TIED TO LIFE SAFETY SYSTEMS, UNDER ANY OF THE FOLLOWING CONDITIONS:

i. Any charge to your credit or debit card is declined, reversed, or otherwise unpaid;
ii. Your payment method expires or is cancelled and a valid replacement is not provided;
iii. You fail to pay undisputed charges, taxes, or fees by the due date;
iv. You use or attempt to use a stolen or fraudulent payment method;
v. You fail to pay previously disputed charges within five (5) business days after ZTELCO has reasonably deemed them valid;
vi. You violate any provision of this Agreement, including unauthorized use of any software license or Equipment;
vii. Our relationship with a third-party provider necessary to deliver your Services is terminated or otherwise disrupted.

In addition to the above, ZTELCO may terminate any part of your Services for any reason or no reason with at least thirty (30) business days’ notice.

(c) PHONE NUMBERS AND PORTING: IF YOUR SERVICES ARE TERMINATED, PHONE NUMBERS ASSOCIATED WITH YOUR ACCOUNT MAY BE RECLAIMED, REASSIGNED, OR PERMANENTLY CANCELLED. YOU MAY PORT OUT YOUR NUMBER PRIOR TO TERMINATION IF YOUR ACCOUNT IS IN GOOD STANDING AND ALL CHARGES HAVE BEEN PAID. AFTER CANCELLATION, ZTELCO RETAINS THE NUMBER FOR UP TO THIRTY (30) DAYS, DURING WHICH YOU MAY REQUEST REINSTATEMENT; ALL REINSTATEMENT FEES WOULD APPLY. AFTER THIS PERIOD, ZTELCO MAKES NO GUARANTEE THAT THE NUMBER WILL REMAIN
AVAILABLE OR RECOVERABLE. IF PORT-OUT IS DESIRED, IT MUST BE COMPLETED PRIOR TO TERMINATION. WE ARE NOT RESPONSIBLE FOR TECHNICAL OR PROCEDURAL ISSUES THAT MAY PREVENT A PORT-OUT, AND NO REFUNDS WILL BE ISSUED FOR ADMINISTRATIVE PORTING FEES OR NUMBER LOSS AFTER THE 30-DAY RETENTION PERIOD.

(d) RESPONSIBILITY FOR CHARGES AND LOCAL SERVICE CONFIGURATION: YOU REMAIN RESPONSIBLE FOR ALL SERVICE CHARGES, TAXES, AND FEES INCURRED THROUGH YOUR TERMINATION DATE. IF YOU ARE CANCELLING SERVICES INVOLVING VOICE LINES OR CALL FORWARDING, YOU MUST COORDINATE DIRECTLY WITH YOUR LOCAL PHONE PROVIDER TO RECONFIGURE ANY NECESSARY SETTINGS. YOU ARE RESPONSIBLE FOR ANY COSTS
ASSOCIATED WITH THESE CHANGES.

(e) REACTIVATION/REINSTATEMENT: IF YOUR ACCOUNT IS TERMINATED AND YOU REQUEST REINSTATEMENT, ZTELCO MAY, AT ITS SOLE DISCRETION, AGREE TO REACTIVATE YOUR ACCOUNT. IF APPROVED, YOU WILL BE REQUIRED TO PAY A ONE-TIME, NON-REFUNDABLE REACTIVATION/REINSTATEMENT FEE OF $1,000, REGARDLESS OF ACCOUNT SIZE OR PREVIOUS SERVICE HISTORY. WE MAKE NO GUARANTEE THAT PRIOR PHONE NUMBERS, CONFIGURATIONS, OR DATA WILL BE ABLE TO BE RESTORED UPON REACTIVATION/REINSTATEMENT.

14. WARRANTIES

(a) LIMITED EQUIPMENT WARRANTY: ZTELCO PROVIDES A LIMITED WARRANTY ON THE EQUIPMENT STRICTLY TO THE EXTENT OF THE MANUFACTURER’S OR DISTRIBUTOR’S ORIGINAL WARRANTY APPLICABLE TO THE EQUIPMENT. THIS WARRANTY APPLIES ONLY TO EQUIPMENT PURCHASED, RENTED OR LEASED DIRECTLY FROM ZTELCO. ZTELCO DOES NOT RECOGNIZE OR SUPPORT WARRANTIES FOR EQUIPMENT PURCHASED FROM ANY THIRD PARTY NOT EXPLICITLY AUTHORIZED BY ZTELCO. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY DEFECT OR FAILURE OTHER THAN ONE COVERED BY THE MANUFACTURER OR DISTRIBUTOR AND SPECIFICALLY EXCLUDES DAMAGE DUE TO TRANSIT, MISUSE, ABUSE, LIQUID INTRUSION, ELECTRICAL EVENTS, OR OTHER CUSTOMER-INFLICTED CONDITIONS. YOUR SOLE REMEDY FOR ANY WARRANTY-COVERED DEFECT IS THE REPAIR OR REPLACEMENT OF THE EQUIPMENT AS GOVERNED BY THE ORIGINAL WARRANTY PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR. ZTELCO DOES NOT OFFER EXTENDED WARRANTIES, UNLESS OTHERWISE EXPRESSLY STATED WITHIN A MSA OR WRITTEN CONTRACT. YOU MUST BE REGISTERED WITH ZTELCO AS THE PRIMARY ACCOUNT HOLDER TO EXERCISE RIGHTS UNDER THIS PARAGRAPH.

(b) REQUESTS FOR REPLACEMENT EQUIPMENT: TO REQUEST REPLACEMENT EQUIPMENT UNDER THE TERMS OF THIS SECTION, THE CUSTOMER IS REQUIRED TO CONTACT ZTELCO CUSTOMER SUPPORT. THE CUSTOMER MUST PROVIDE A VALID CREDIT CARD. ZTELCO WILL SHIP REPLACEMENT EQUIPMENT ALONG WITH A RETURN LABEL FOR THE DAMAGED OR DEFECTIVE EQUIPMENT. THE CUSTOMER MUST RETURN THE ORIGINAL EQUIPMENT
WITHIN FOURTEEN (14) DAYS OF RECEIVING THE REPLACEMENT, OR THE CREDIT CARD WILL BE CHARGED THE FULL RETAIL PRICE PLUS TAXES, SHIPPING, AND HANDLING. IF THE WARRANTY CLAIM IS DENIED, THE CUSTOMER MUST RETURN THE REPLACEMENT EQUIPMENT WITHIN FOURTEEN (14) DAYS TO AVOID CHARGES.

(c) NO OTHER WARRANTIES: EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, ZTELCO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE. ZTELCO DOES NOT WARRANT THAT EQUIPMENT OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM SECURITY BREACHES OR DATA LOSS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

(d) NO WARRANTIES AGAINST OCCURRENCES: YOU UNDERSTAND AND AGREE THAT THE EQUIPMENT AND SERVICES PROVIDED BY ZTELCO MAY INCLUDE NOTIFICATION OR SIGNALING CAPABILITIES, BUT DO NOT GUARANTEE THE PREVENTION OR MITIGATION OF EVENTS SUCH AS FIRES, FLOODS, BURGLARIES, OR MEDICAL EMERGENCIES. ZTELCO DISCLAIMS ANY AND ALL WARRANTIES THAT THE EQUIPMENT OR SERVICES WILL
PREVENT OR REDUCE THE IMPACT OF SUCH EVENTS. 

15. LIMITATIONS OF LIABILITY AND INDEMNIFICATION

(a) DIRECT DAMAGES: YOU UNDERSTAND AND AGREE THAT ZTELCO IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR, RELATED TO, OR ARISING OUT OF:

I. FAILURE TO REGISTER EQUIPMENT;
II. FAILURE TO ENTER CORRECT INFORMATION IN SYSTEMS OR DEVICES;
III. FAILURE TO TEST FUNCTION, RANGE, OR PERFORMANCE OF EQUIPMENT OR
SERVICES;
IV. FAILURE TO MAINTAIN OR CHARGE EQUIPMENT;
V. FAILURE TO INSTALL, CONFIGURE, MAINTAIN, OR OPERATE EQUIPMENT ACCORDING TO APPLICABLE REGULATIONS OR STANDARDS (INCLUDING FIRE PANEL REQUIREMENTS);
VI. FAILURE TO PROVIDE ADEQUATE POWER, INTERNET, OR BACKUP CONNECTIVITY; OR
VII. ANY UNINTENDED, UNAUTHORIZED, OR NONCONFORMING USE OF EQUIPMENT OR SERVICES AS DETERMINED BY ZTELCO IN ITS SOLE DISCRETION.

ZTELCO’S TOTAL LIABILITY UNDER THIS AGREEMENT, INCLUDING FOR ANY CLAIM ARISING FROM EQUIPMENT, SERVICES, OR 911 DIALING, IS LIMITED TO THE AMOUNT PAID BY YOU TO ZTELCO IN THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE INCIDENT GIVING RISE TO THE CLAIM. ZTELCO FURTHER DISCLAIMS LIABILITY FOR ANY DAMAGE, LOSS, OR INJURY CAUSED IN WHOLE OR IN PART BY FORCE MAJEURE EVENTS, INCLUDING WITHOUT LIMITATION ACTS OF GOD, NATURAL DISASTERS, WAR, INSURRECTION, RIOTS, PANDEMICS, STRIKES, TERRORISM, REGULATORY ACTIONS, POWER FAILURE, SERVICE INTERRUPTIONS BY THIRD-PARTY PROVIDERS, OR OTHER CAUSES BEYOND ZTELCO’S REASONABLE CONTROL.

(b) INDIRECT, CONSEQUENTIAL DAMAGES: UNDER NO CIRCUMSTANCES SHALL ZTELCO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR ANY SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, PERSONAL INJURY, DEATH, BREACH OF SECURITY, INTERRUPTION OF SERVICE, OR FAILURE TO OBTAIN EMERGENCY ASSISTANCE VIA 911 OR OTHERWISE. THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF SUCH DAMAGES, TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

(c) INDEMNIFICATION: YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ZTELCO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, ASSIGNS, AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, LOSSES, DAMAGES, LIABILITIES, PENALTIES, FINES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR RELATING TO:

● USE OR MISUSE OF THE EQUIPMENT OR SERVICES;
● VIOLATION OF THIS AGREEMENT OR ANY LAW, REGULATION, OR THIRD-PARTY RIGHT;
● TRANSMISSION OR PUBLICATION OF CONTENT, DATA, OR COMMUNICATIONS;
● CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT; OR
● HARM, DAMAGE, INJURY, OR LOSS CAUSED TO ANY PERSON OR PROPERTY THROUGH USE OF THE EQUIPMENT OR SERVICES.

16. ARBITRATION

(a) AGREEMENT TO ARBITRATE: IF ZTELCO IS UNABLE TO RESOLVE A DISPUTE WITH YOU INFORMALLY AFTER SIXTY (60) DAYS, YOU AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE EQUIPMENT, OR THE SERVICES, INCLUDING BUT NOT LIMITED TO CLAIMS RELATED TO BILLING, PRIVACY, SERVICE QUALITY, OR TERMS OF SERVICE, SHALL BE RESOLVED EXCLUSIVELY THROUGH
FINAL AND BINDING ARBITRATION. THIS INCLUDES CLAIMS BROUGHT BY YOU, ANY USER OF YOUR ACCOUNT OR SERVICES, OR ANY GUEST USING THE SERVICES.

(b) ARBITRATION RULES AND FORUM: THE ARBITRATION WILL BE ADMINISTERED BY JAMS PURSUANT TO ITS OPTIONAL EXPEDITED ARBITRATION PROCEDURES THEN IN EFFECT, CONDUCTED IN ENGLISH, AND HELD IN SAN DIEGO COUNTY, CALIFORNIA, UNLESS THE PARTIES MUTUALLY AGREE TO A DIFFERENT LOCATION. EACH PARTY WILL PAY ITS OWN COSTS FOR FILING, ADMINISTRATION, AND ARBITRATOR FEES AS REQUIRED UNDER JAMS
RULES. IF YOU ARE A CONSUMER, ANY CONFLICT BETWEEN THIS AGREEMENT AND THE JAMS MINIMUM STANDARDS FOR CONSUMER ARBITRATIONS SHALL BE RESOLVED IN FAVOR OF THE MINIMUM STANDARDS.

(c) INDIVIDUAL CLAIMS ONLY: ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL NOT CONSOLIDATE CLAIMS OR CONDUCT CLASS ARBITRATIONS WITHOUT EXPRESS WRITTEN CONSENT FROM BOTH
PARTIES.

(d) WAIVER OF JURY TRIAL: BY AGREEING TO THESE TERMS, YOU AND ZTELCO EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.

(e) EXCEPTIONS: THIS SECTION SHALL NOT PREVENT ZTELCO FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF LAW TO PROTECT ITS CONFIDENTIAL INFORMATION, INTELLECTUAL PROPERTY RIGHTS, OR OTHER PROPRIETARY INTERESTS. ANY CLAIM NOT SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION LOCATED IN SAN DIEGO COUNTY, CALIFORNIA.

17. COPYRIGHT INFRINGEMENT; DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE

Materials may be made available via the use of the equipment and services by third parties not within our control. We are under no obligation to, and do not, review content posted, published, or broadcast through our services for illegal or impermissible content. However, we respect the copyright interests of
others. It is our policy not to permit materials known by us to infringe another party’s copyright to be posted, published, or otherwise broadcast through our services.

If you believe any of the materials we knowingly post, publish, or broadcast regarding our services and equipment infringe a copyright, you should provide us with written notice that, at a minimum, contains:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ZTELCO to locate the material;

(d) Information reasonably sufficient to permit ZTELCO to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ZTELCO’s Designated Agent for notice of claims of copyright infringement can be reached at: ZTELCO, 12585 Kirkham Court, Suite A, Poway, CA 92064.

18. TCPA CONSENT & PRIVACY

You expressly consent to be contacted by ZTELCO, its agents, representatives, affiliates, third-party providers, or anyone contacting you on ZTELCO’s behalf for any and all purposes related to your Services, at any telephone number or physical or electronic address you provide. You agree that we may contact you in any way, including SMS messages (including text messages), calls using prerecorded or artificial voice messages, emails, and messages delivered via automatic emailing, dialing, or texting systems. Automated messages may be played when the phone is answered. If an agent or representative calls, they may leave a message on your answering machine, voicemail, or via text or email.

You consent to receive such communications at the numbers and addresses you have provided. You certify and warrant that the contact information you provided is accurate and that you are authorized to receive communications at each number or address. You agree to promptly notify us if your contact
information changes.

Your cellular or mobile service provider may charge you according to your plan. ZTELCO may share account-related information—including your name, phone number, contact addresses, rate plan information, and other customer proprietary network information (“CPNI”)—with third-party providers for the following purposes:

● To provide certain Services;
● To contact you about the Services, including through customer satisfaction surveys;
● To investigate fraud, abuse, or legal or policy violations;
● To inform you about related or additional services and offers.

You authorize ZTELCO and its third-party providers to use your CPNI for these purposes. You may withdraw this authorization at any time without affecting your existing Services by contacting ZTELCO customer support. Your authorization remains effective until revoked. ZTELCO may monitor and record calls between you and our representatives as permitted by law, including for training and quality assurance purposes. Your agreement to this Section is not a condition of receiving Services from ZTELCO. To opt out of these communications, contact customer support at support@ZTELCO.com.

19. MISCELLANEOUS

(a) SURVIVAL: PROVISIONS OF THIS AGREEMENT THAT BY THEIR NATURE SHOULD SURVIVE TERMINATION OR EXPIRATION SHALL SURVIVE.

(b) NO THIRD PARTY BENEFICIARIES: THIS AGREEMENT CREATES NO RIGHTS OR REMEDIES FOR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, ZTELCO’S OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ASSIGNS, SERVICE PROVIDERS, AND THEIR RESPECTIVE PERSONNEL ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT.

(c) GOVERNING LAW: THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. ANY COURT PROCEEDING NECESSARY TO ENFORCE AN ARBITRATION AWARD OR FOR PERMITTED EXCEPTIONS SHALL OCCUR IN SAN DIEGO COUNTY, CALIFORNIA, AND YOU CONSENT TO THE JURISDICTION AND VENUE OF SUCH COURTS.

(d) COPYRIGHTS, SERVICE MARKS, AND TRADEMARKS: ZTELCO SERVICES, EQUIPMENT, SOFTWARE, DOCUMENTATION, AND WEBSITE MATERIALS ARE PROTECTED BY INTELLECTUAL PROPERTY LAWS. ALL ZTELCO TRADEMARKS, LOGOS, TRADE NAMES, AND RELATED MATERIALS REMAIN THE EXCLUSIVE PROPERTY OF ZTELCO. THIS AGREEMENT DOES NOT GRANT YOU ANY RIGHTS TO USE THESE MARKS.

(e) ENTIRE AGREEMENT: THIS AGREEMENT, THE PRIVACY POLICY, ANY APPLICABLE END USER LICENSE AGREEMENT, AND ASSOCIATED REFERENCED DOCUMENTS FORM THE ENTIRE AGREEMENT BETWEEN YOU AND ZTELCO. NO ADDITIONAL TERMS PRESENTED BY YOU, WHETHER THROUGH A PURCHASE ORDER, WEBSITE, OR OTHERWISE, ARE ACCEPTED UNLESS EXPLICITLY INCORPORATED INTO THIS AGREEMENT. SECTION TITLES
ARE FOR CONVENIENCE ONLY.

(f) SEVERABILITY & INTERPRETATION: IF ANY PROVISION OF THIS AGREEMENT IS FOUND INVALID OR UNENFORCEABLE, THE REMAINDER REMAINS IN EFFECT. SINGULAR TERMS INCLUDE THE PLURAL AND VICE VERSA. TERMS LIKE “INCLUDE,” “INCLUDES,” OR “INCLUDING” ARE DEEMED TO MEAN “WITHOUT LIMITATION.”

(g) NO WAIVER: ZTELCO’S FAILURE TO ENFORCE ANY PROVISION SHALL NOT BE CONSIDERED A WAIVER OF THE RIGHT TO ENFORCE IT IN THE FUTURE.

(h) ASSIGNMENT: ZTELCO MAY ASSIGN THIS AGREEMENT AND ITS RIGHTS OR OBLIGATIONS AT ANY TIME. YOU MAY NOT ASSIGN OR DELEGATE WITHOUT PRIOR WRITTEN CONSENT. THIS AGREEMENT BINDS AND BENEFITS THE PARTIES AND THEIR SUCCESSORS OR PERMITTED ASSIGNS.

(i) SUBCONTRACTING: ZTELCO MAY SUBCONTRACT ITS PERFORMANCE UNDER THIS AGREEMENT WITHOUT YOUR CONSENT.

(j) NO AGENCY: THIS AGREEMENT DOES NOT CREATE A PARTNERSHIP, JOINT VENTURE, AGENCY, OR EMPLOYMENT RELATIONSHIP BETWEEN THE PARTIES.

(k) NOTICE: EXCEPT AS OTHERWISE STATED, WE MAY PROVIDE NOTICES TO YOU VIA THE EMAIL YOU PROVIDED. YOU ARE RESPONSIBLE FOR KEEPING IT CURRENT. YOU MUST SEND REQUIRED NOTICES TO ZTELCO AT: ZTELCO, C/O BILLING DEPARTMENT, 12595 KIRKHAM COURT, STE A, POWAY, CA 92064, OR VIA EMAIL TO SUPPORT@ZTELCO.COM.