1Stream is a brand of bvoip, LLC. · Partner Terms of Service
These Terms of Service constitute the agreement ("Agreement") between bvoip, LLC ("we," "us" or "bvoip, LLC") and the user ("you," "user", "Customer" or "Subscriber") of bvoip, LLC's business services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter, switch, router or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service. If you purchased Equipment from a dealer, retail store or other provider other than bvoip, LLC, you are a "Retail Customer" for purposes of this Agreement. By activating or using the Service, you represent that you are of legal age to enter into this Agreement and understand and fully accept the terms and conditions of this Agreement.
1.1 Non-Availability of Traditional 911 or E911 Dialing Service. The Service does not support traditional 911 or E911 access to emergency services in all locations. Where we do not offer traditional 911 or E911 access, we offer a feature known as "911 Dialing" which is a limited emergency calling service available only on bvoip, LLC-certified Devices or Equipment. The 911 Dialing feature may not work at all when used in conjunction with a Soft Phone, Virtual Numbers or Subscriber provided Customer Premise Equipment. Our 911 Dialing feature is automatic. The 911 Dialing feature of the Service is different in a number of important ways from traditional 911 or E911 service. You shall inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of (i) the non-availability of traditional 911 or E911, and (ii) the important differences in and limitations of the bvoip, LLC 911 Dialing feature as compared with traditional 911 or E911 dialing.
1.2 Registration of Physical Location Required. For each phone number that you use for the Service, you must register with bvoip, LLC the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your old address. For purposes of the 911 Dialing feature, you may only register one location at a time for each phone line you use with the Service.
1.3 Confirmation of Activation Required. Your 911 Dialing feature will be activated at time of service installation for any phone line that you are using with the Service, unless and until you receive notification from us stating that 911 service is not available in your area.
1.4 How Emergency Personnel are Contacted. We contract with a third party to use the address of your registered location to determine the nearest emergency response center and then forward your call to a general number at that center. When the center receives your call, the operator will not have your address and may not have your phone number. You must therefore provide your address and phone number in order to get help. You hereby authorize us to disclose your name and address to third-party service providers, including call routers, call centers and public service answering points, for the purpose of dispatching emergency services personnel to your registered location.
1.5 Service Outages. 911 Dialing does not function in the event of a power failure or disruption, an internet outage or suspension or termination of your broadband or ISP service, suspension or termination of your bvoip, LLC account, blocking of ports by your ISP or broadband provider or other third party, or any other Service outage. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing. In the event you lose service as a result of blocking of ports or any other impediment, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.
1.6 Re-Activation Required if You Change Your Number or Add or Port New Numbers. 911 Dialing does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number.
1.7 Network Congestion. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
1.8 Possible Lack of Automatic Number Identification. It may or may not be possible for the local emergency personnel to automatically obtain your phone number when you use 911 Dialing. As a result, the operator who answers your 911 Dialing call may not be able to automatically obtain your phone number and call you back if the call is not completed, is dropped or disconnected, if you are unable to speak, or if the Service is not operational for any reason.
1.9 No Automated Location Identification. In most service areas, it is not possible at this time to transmit to the local emergency response center the address that you registered for 911 Dialing. You will need to state the nature of your emergency promptly and clearly, including your location, as the operator will not have this information.
1.10 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center, and any and all liability or responsibility in the event third party data used to route calls is incorrect or yields an erroneous result. You shall defend, indemnify, and hold harmless bvoip, LLC, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including attorneys' fees) relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user to use 911 Dialing or access emergency service personnel.
1.11 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service.
2.1 Term. Service is offered on a monthly or multi-month basis as determined in your Service activation or order form, or via our online ordering process. The term begins on the date that bvoip, LLC activates your Service. Subsequent terms of this Agreement are on a monthly basis unless you give us written notice of non-renewal at least fifteen (15) days before the end of the monthly term in which the notice is given. Termination of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement. Porting of your numbers to another carrier will not occur if the outstanding charges prior to the port date have not been paid in full.
2.3 Use of Service and bvoip, LLC provided Device. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting or blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have used the Service or the Device for any such activities.
2.5 Prohibited Uses. You shall use the Service and the Device only for lawful purposes and not in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or similar. We reserve the right to immediately terminate your Service for any unlawful or inappropriate use. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including unbilled charges, plus a termination fee if applicable. bvoip, LLC will provide information in response to law enforcement requests, subpoenas, and court orders, to protect its rights and property, and where failure to disclose may lead to imminent harm.
2.7 Copyright; Trademark; Unauthorized Usage. The Service and Device and any firmware or software, and all information, documents and materials on our websites, are protected by trademark, copyright or other intellectual property laws. All of our corporate names, service marks, trademarks, trade names, logos and domain names are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks. You are granted only a nontransferable, revocable license to use the firmware or software in object code form, strictly in accordance with this Agreement, and shall not reverse compile, disassemble or reverse engineer it.
2.8 Tampering; 2.9 Theft of Service. You shall not change the electronic serial number or equipment identifier of the Device, perform a factory reset without our prior written consent, or attempt to hack or disrupt the Service. You shall notify us immediately if the Device is stolen or if you become aware that your Service is being stolen, fraudulently used or otherwise used in an unauthorized manner. Until we receive such notice, you will be liable for all such use.
2.10 Return of Device. Retail Customers may only return the Device to the retail store, dealer or other provider from which it was purchased, subject to that provider's return policy. Non-Retail Customers may return the Device to us within the stated period of termination of Service in original condition with original proof of purchase, packaging, parts, accessories, and documentation, after obtaining a valid return authorization number from our customer care department at billing@bvoip.com or 1-215-402-7200, and paying all costs of shipping the Device back to us.
2.12 Service Distinctions. The Service is not a telecommunications service and we provide it on a best efforts basis. The Service is subject to different regulatory treatment than telecommunications service, which may limit or otherwise affect your rights of redress before regulatory agencies.
2.13 - 2.16. You will own the Device and bear all risk of loss, theft, casualty or damage from the time it is shipped until returned to us. The Service does not support 0+ or operator assisted calling and may not support certain x11 services in some areas. Phone numbers obtained from us will not be listed in telephone directories. The Service may not be compatible with security or alarm systems, or with some broadband and cable modem services, and we disclaim any express or implied warranties regarding such compatibility.
3.1 Billing. When the Service is activated, you must provide a valid email address and a credit or debit card number from an accepted issuer. We will bill all charges, applicable taxes and surcharges monthly in advance (except usage-based charges, billed monthly in arrears), including activation fees, monthly Service fees, international usage, advanced feature charges, equipment purchases, termination fees, and shipping and handling. We reserve the right to bill at more frequent intervals if the amount you owe at any time exceeds $250.
3.2 Billing Disputes. You must notify us in writing within seven days after receiving your credit or debit card statement if you dispute any bvoip, LLC charges, or you will be deemed to have waived any right to contest such charges. Notices of disputed charges should be sent to: Customer Care Billing Department, bvoip, LLC, 1250 Bethlehem Pike, S247, Hatfield, PA 19440, or billing@bvoip.com.
3.3 Payment and Collection. We only accept payment by credit or debit card unless other terms have been explicitly agreed to in writing. Your subscription authorizes us to charge your card, and this authorization remains valid until 30 days after we receive written notice terminating it. If your Service is terminated, you remain fully liable for all charges and any costs we incur to collect them, including collection costs and attorneys' fees.
3.4 Termination; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or terminate your Service, at any time in our sole and absolute discretion. If we discontinue without a stated reason, you will only be responsible for charges accrued through the date of termination. If your Service is terminated for breach, you will be responsible for the full month's charges to the end of the current term, including unbilled charges, plus the termination fee if applicable.
3.5 Taxes. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental taxes, fees or charges arising from your subscription, use of, or payment for the Service or a Device. If you are exempt, you must provide a valid exemption certificate, and the exemption applies only from and after the date we receive it.
3.6 - 3.10 Fees. Unless otherwise agreed there is no termination fee; however, any equipment provided by bvoip, LLC must be returned or you will be responsible for full retail price per Device. We offer Business subscribers a 30-day money back guarantee from activation, applicable to the first-ordered service package only, subject to stated conditions. Additional charges apply for toll-free recovery, directory assistance (411), and conference bridge usage as described in your rate schedule.
4.1 Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 Dialing, or any interruption or degradation of voice quality caused by acts or omissions of underlying carriers or third parties, equipment, network or facility failures, upgrades, modifications, shortages or relocations, force majeure events, loss of power, ISP or broadband outages or port blocking, your own acts or omissions, or any cause beyond our control. Our aggregate liability under this Agreement will in no event exceed the Service charges with respect to the affected time period.
4.2 Disclaimer of Liability for Damages. In no event will bvoip, LLC, its officers, directors, employees, affiliates or agents, or any other service provider who furnishes services to you in connection with the Service, be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the Service, including inability to access emergency service personnel through the 911 Dialing service. These limitations apply to all theories of liability and whether or not we were informed of the likelihood of any particular type of damages.
4.3 Indemnification and Survival. You shall defend, indemnify, and hold harmless bvoip, LLC, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including attorneys' fees) relating to the Services, including 911 Dialing, or the Device. Provisions intended by their sense and context to survive termination or expiration of this Agreement shall survive.
4.4 No Warranties on Service. We make no warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. We do not warrant that the Service or Device will be without failure, delay, interruption, error, degradation of voice quality or loss of content, data or information.
4.5 - 4.8. Device warranties, if any, are limited to those expressly set forth in the documentation provided with the Device; otherwise the Device is provided "as is." No provision of this Agreement provides any non-party with any remedy or creates third party beneficiary rights. You are liable for all content transmitted using your Service or Device and must ensure your and your Users' use complies with all applicable laws. bvoip, LLC provides a function that allows recording of individual telephone conversations; you are solely responsible for applying the notice and notification laws of the relevant jurisdiction when using this feature.
5.1 Governing Law. This Agreement and the relationship between you and us is governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. To the extent court action is initiated consistent with Section 5.2, you submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Pennsylvania and waive any objection as to venue or inconvenient forum.
5.2 Mandatory Arbitration and No Jury Trial. Any dispute or claim arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association under its Commercial Arbitration Rules, taking place in Montgomery County, Pennsylvania. Any claim or cause of action must be filed within one (1) year after it arose or be forever barred. All claims shall be arbitrated individually; you shall not bring or join any class action. This provision constitutes a waiver of any right to a jury trial.
5.3 - 5.5. Our failure to exercise or enforce any right or provision will not constitute a waiver. This Agreement, including future modifications and the rates for Services found on our website, constitutes the entire agreement between you and bvoip, LLC and supersedes any prior agreements. If any part of this Agreement is legally declared invalid or unenforceable, all other parts will remain valid and enforceable.
We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.bvoip.com. bvoip, LLC will make best efforts to notify Customers in advance via email regarding changes. Such changes will become binding on you on the date they are posted to our website, and no further notice is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed electronic and written terms of service.
bvoip, LLC Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. bvoip, LLC is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy for additional information, or contact us with any questions.
