Broadband Voice Terms of Service

CAPE.COM, INC. BROADBAND VOICE TERMS OF SERVICE

These Terms of Service constitute the agreement ("Agreement") between Cape.Com, Inc. ("we," "us" or "Cape.Com") and the user ("you," "user" or "Customer") of Cape.Com, Inc.'s Broadband Voice communications services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device, ("Device" or "Equipment") used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

1. SERVICE

1.1 Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by Cape.Com, Inc.

You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet and that, accordingly, in the event of an outage of, or termination of service with or by, Cape.Com, Inc. and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or Cape.Com, Inc. terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or Internet outage, the Service will not function until power is restored or the Internet outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Should Cape.Com, Inc. suspend or terminate your Service, the Service will not function until such time as Cape.Com, Inc. restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).

1.2 Tampering with the Device or Service

You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from Cape.Com, Inc. in each instance which Cape.Com, Inc. may deny in its sole discretion. Cape.Com, Inc. reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.

1.3 Theft of Service

You agree to notify Cape.Com, Inc. immediately, in writing or by calling the Cape.Com, Inc. customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account name and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as Cape.Com, Inc. receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.

1.4 Number Transfer on Service Termination

Upon termination of the Service, Cape.Com, Inc. may, at its sole discretion, release a telephone number that was ported in from a previous service provider to Cape.Com, Inc. by you and used in connection with your Service provisioned by Cape.Com, Inc. to your new service provider, if such new service provider is able to accept such number, and provided that (i) your account has been terminated; (ii) your Cape.Com, Inc. account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account.

1.5 Service Distinctions

You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the Broadband Voice offering provided by Cape.Com, Inc.. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies.

1.6 Ownership and Risk of Loss

You shall be deemed the owner of the Device, and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned by you pursuant to Section 1.4 and has been received by Cape.Com, Inc.

1.7 No 0+ Calling; May Not Support x11 Calling

Cape.Com, Inc's Service does not support 0+ calling (including without limitation collect, third party billing or calling card calling). Cape.Com, Inc.'s Service may not support 311, 511 and/or other x11 services in one or more (or all) service areas.

2. EMERGENCY SERVICES- 911 DIALING

2.1 Non-Availability of Traditional 911 or E911 Dialing Service

You acknowledge and understand that the Service does NOT support 911 or E911 access to emergency services. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the non-availability of 911 or E911 dialing from your Cape.Com, Inc. Service and Device(s).

2.2 Alternative 911 Arrangements

You acknowledge that Cape.Com, Inc. does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional 911 or E911 services.

3. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION

3.1 Limitation of Liability

Cape.Com, Inc. shall not be liable for any delay or failure to provide the Service at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: 1.) act or omission of an underlying carrier, service provider, vendor or other third party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation;
7.) service, equipment, network or facility failure caused by the loss of power to Customer;
8) Internet outage;
9) act or omission of Customer or any person using the Service or Device provided to Customer; or
10) any other cause that is beyond Cape.Com, Inc.'s control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or degradation of voice quality.

Cape.Com's aggregate liability for (i) any failure or mistake; (ii) any claim with respect to Cape.Com, Inc.’s performance or nonperformance hereunder or (iii) any Cape.Com, Inc. act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.

4. PRIVACY

Cape.Com, Inc. Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Cape.Com, Inc. is not liable for any lack of privacy which may be experienced with regard to the Service.