Terms & Conditions |
FOR PHILIPPINE INSTALLS PLEASE CONSIDER:Service involves a 12-month commitment because we subscribe to the data services on your behalf annually. Early cancellation that was not initiated by White Line Communications, Incorporated or the data provider for reasons completely beyond your control will result in an early cancellation fee and a balance due and payable immediately of the remaining 12 months. Please note that if you want to operate a computer in conjunction with the White Line, you will need to upgrade to a "router/adapter" which is available for an additional $49 or provide your own router at the install location. Installing your computer on the White Line is not our responsibility. If you wish to contract us to do this work for you, we will be happy to do so. Our hourly rate is $69 with a one hour minimum and we then charge in 30-minute increments. After the White Line is working, all other optional services are available for the hourly rate. Please tell your family about our planned installation and that UNDER NO CIRCUMSTANCE SHOULD THE INSTALLER BE PAID ON-SITE WITHOUT APPROVAL FROM WHITE LINE. If payment is requested, it should be reported to WLCI immediately. Thank you for your kind understanding. ALL SUBSCRIBERS PLEASE CONSIDER:All lines subject to Regulatory Fee of $2.50 monthly regardless of subscription plan. Terms and Conditions
I. THE AGREEMENTThese Terms and Conditions constitute the agreement (the "Agreement") between White Line Communications, Incorporated (U.S.), ("White Line Communications, Incorporated (U.S.)", us or we) and the user ("you," "your, "user" or "Customer") of White Line Communications, Incorporated (U.S.)'s residential and small business Voice over Internet Protocol ("VoIP"') communications services and any related products or services ("Service"). For purposes of the Agreement, "you" means the customer, defined as either (i) the person identified in White Line Communications, Incorporated (U.S.)'s account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the Service(s) provided such authority is adequately documented as determined in White Line Communications, Incorporated (U.S.)'s discretion. BY ENROLLING IN, USING, OR PAYING FOR THE WHITE LINE COMMUNICATIONS, INCORPORATED ( U.S.) SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING WHITE LINE COMMUNICATIONS, INCORPORATED ( U.S.) AT 1-877-464-9448 FOR FURTHER DIRECTIONS. The Agreement governs the Service and any devices, such as the 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 understand, 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. White Line Communications, Incorporated (U.S.) may change the Terms and Conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted at www.whitelinevoip.com. The Agreement posted supersedes all previously agreed to electronic and written Terms and Conditions. The rates and charges for the Service are available at www.whitelinevoip.com and are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your Services, please visit our website at www.whitelinevoip.com (see Terms & Conditions link), send an email to admin@whitelinevoip.com, or call White Line Communications, Incorporated (U.S.)'s Customer Care Department at 1-877-464-9448. II. WHITE LINE COMMUNICATIONS, INCORPORATED ( U.S.) EMERGENCY CALLING SERVICE & E911 SERVICEPursuant to the recent orders by the Federal Communications Commission ("FCC"'), White Line Communications, Incorporated (U.S.) is in the process of enabling E911 dialing services for all White Line Communications, Incorporated (U.S.) customers in areas in which the Public Safety Answering Point (or "PSAP"') is equipped to handle E911 calls. White Line Communications, Incorporated ( U.S.) is undertaking this ongoing, nationwide effort through its third-party provider. As the roll out of the E911 initiative progresses, increasing numbers of White Line Communications, Incorporated ( U.S.) customers will have E911 service, where available. We encourage all customers to check their "My Account"' section at the White Line Communications, Incorporated (U.S.) website to find out the progress of E911 capability for their registered location. For those customers that signed up for White Line Communications, Incorporated (U.S.) Services before November 28, 2005, White Line Communications, Incorporated (U.S.) will continue providing the Emergency Calling Service described below unless or until the E911 services are activated. For those customers that sign up for White Line Communications, Incorporated (U.S.) Services after November 28, 2005, White Line Communications, Incorporated (U.S.) will confirm availability of E911 capability prior to sign up. Regardless of when a Customer signs up for White Line Communications, Incorporated (U.S.) Services, if the Services are used in a physical location different than the current location registered with White Line Communications, Incorporated (U.S.) (the "911 Service Address"'), E911 service may or may not be available, and the 911 call will be routed to the wrong location. It is important that such Customers promptly update their location with White Line Communications, Incorporated ( U.S.) in accordance with the instructions in Section II(D) below. A. Description of Emergency Calling Service-Type Dialing Capabilities - Activation Required B. Service Outage: 1. Power Outage 2. Broadband Service Outage or Degradation 3. Other Service Outages 4. Limitation of Liability and Indemnification C. Failure to Designate the Correct Physical Address for E911 and/or Emergency Calling Service Dialing D. Changing Your Primary Phone Number E. Change of Physical Location of White Line Communications, Incorporated (U.S.) Equipment F. Requires Re-Activation if You Move G. Possibility of Network Congestion and/or Reduced Speed for Routing Emergency Calling Service H. Automated Number Identification I. Automated Location Identification J. Alternative Emergency Calling Service Arrangements III. SERVICE A. Term B. Disconnect Fee C. Money Back Guarantee To qualify for the Money Back Guarantee, Customer must cancel Service through White Line Communications, Incorporated (U.S.)'s Customer Care Department as referenced in paragraph “A” of this section within thirty (30) days of the Activation Date. Equipment must be returned to White Line Communications, Incorporated (U.S.) and postmarked within fourteen (14) days thereafter. Usage must not exceed 500 minutes within the first thirty (30) days of Service. Customer is responsible for any charges for overage, international traffic outside of the plan or directory assistance. Cancellation may take up to two (2) business days. Any usage after contacting White Line Communications, Incorporated (U.S.) is Customer's responsibility. Accounts exceeding 500 minutes of usage are not eligible for refund. Customer may not port away a new phone number (or "DID"') if Customer cancels within thirty (30) days. All returned Equipment must be in the original packaging with the UPC or bar code intact, and postmarked within fourteen (14) days of cancellation. All components, manuals and registration card(s) must be included and equipment must be in good condition, as determined by White Line Communications, Incorporated (U.S.). Customer is responsible for return shipping of Equipment. The Money Back Guarantee will not be honored if Customer fails to meet all requirements presented above. Customers who purchase White Line Communications, Incorporated (U.S.) approved Equipment from a retailer will not be charged an activation fee or Disconnect Fee. Customers who purchase White Line Communications, Incorporated (U.S.) approved Equipment from a retailer should not return said Equipment to White Line Communications, Incorporated (U.S.) when canceling Service and shall receive the Money Back Guarantee, upon meeting all other terms listed above. D. The White Line Communications, Incorporated ( U.S.) Distributor Program. E. Residential Use of Service and Device F. Business Use of Service and Device G. Notice of Rate Changes H. Calls to International Mobile Telephones; International Special Services Calls I. Timing of Calls J. Use of Service and Device by Customers Outside the United States K. Loss of Service Due to Power Failure L. Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software M. Tampering with the Device N. Theft of Service O. Number Transfer on Service Termination Upon contact from your new provider that you desire to port your telephone number, White Line Communications, Incorporated (U.S.) will use reasonable efforts to release the telephone number that was ported to White Line Communications, Incorporated (U.S.) by you and used in connection with your Service provisioned by White Line Communications, Incorporated (U.S.) to your new service provider, if such new service provider is able to accept such number, and provided that your White Line Communications, Incorporated (U.S.) account is completely current including payment for all charges and applicable Disconnect Fees. Customer will not be able to port away the telephone number if Customer cancels within thirty (30) days of the Activation Date. Customers are solely responsible for terminating or canceling accounts. White Line Communications, Incorporated ( U.S.) will not automatically terminate or cancel an account upon the mere transfer (or porting) of a telephone number to a new service provider. Applicable charges will continue to accrue on all open accounts, and you will remain responsible for these charges until the account is properly cancelled. P. Service Distinctions Q. Collect Call and Operator Services R. International DIDs or phone numbers S. International Services 1. Foreign Carrier Restrictions. Foreign carriers or regulatory agencies may impose, upon the portion of the end-to-end international service or facilities they provide, certain limitations or restrictions that may limit your ability use the White Line Communications, Incorporated (U.S.) Services. You must conform to any limitations or restrictions imposed by the foreign carriers or agencies. 2. Carrier Acts or Omissions. a. When other U.S. or foreign carriers and foreign telecommunications administrations use facilities to establish connections to points not reached by White Line Communications, Incorporated (U.S.)'s network, White Line Communications, Incorporated (U.S.) is not liable for acts or omissions of other carriers or foreign telecommunications administrations. b. International calls are priced on the basis of the country and city codes dialed by you. When the facilities of other U.S. or foreign carriers are used in establishing connections to points not reached by White Line Communications, Incorporated (U.S.)'s network, White Line Communications, Incorporated (U.S.) is not liable for refunds or damages if those calls do not terminate in the country, city or area codes associated with the called number. T. Surcharges U. Taxes 1. All taxes, tax-like charges, and tax-related surcharges are referred to collectively as "Tax(es)." White Line Communications, Incorporated (U.S.) may elect to impose and collect such Taxes, unless otherwise constrained by court order or direction. 2. You agree to pay all Taxes imposed. If White Line Communications, Incorporated (U.S.) has collected Taxes and a challenged Tax is found to have been invalid and unenforceable, White Line Communications, Incorporated (U.S.), in its sole discretion, will either reduce Service rates for a fixed period of time in the future in order to flow-through to customers an amount equivalent to the amounts collected, or it will credit or refund such amounts to affected customers (less its reasonable administrative costs), if the amounts collected were retained by White Line Communications, Incorporated (U.S.) or if they were delivered to the jurisdiction and returned to White Line Communications, Incorporated (U.S.), or it will negotiate an arrangement with the jurisdiction to provide a future benefit for customers in that jurisdiction. 3. If you provide White Line Communications, Incorporated (U.S.) with a duly authorized tax exemption certificate, White Line Communications, Incorporated (U.S.) will exempt you in accordance with law, effective on the date White Line Communications, Incorporated (U.S.) receives the certificate. IV. RESTRICTIONS ON THE USE OF SERVICEA. White Line Communications, Incorporated (U.S.) offers its Services subject to availability of facilities, limitations of service offerings, and the provisions of this Agreement. B. Services provided by White Line Communications, Incorporated (U.S.) under the Agreement will not be used: (1) for any unlawful purpose; (2) for making telephone calls that use automatic dialing devices and terminate into electronic information services, pay-per-call services, or other domestic or international audiotext services; (3) for international call-back offerings using uncompleted call signaling to any country, when that country has prohibited such an offering by statute or regulatory decision; (4) for business usage under a residential Service plan or (5) call forwarding to international destinations. C. White Line Communications, Incorporated (U.S.) may (1) deny, for any lawful reason, your request for Service, or (2) limit or allocate the facilities available to or used by any Service, if necessary, to manage its network in an efficient manner, meet reasonable Service expectations, furnish Service to existing and future customers based on forecasted customer requirements, or for any other lawful reason. D. White Line Communications, Incorporated (U.S.) may, without notice (consistent with governing laws or regulations), block traffic to or from specific countries, country codes, cities, city codes, local telephone exchanges ("NXX exchanges"), individual telephone stations, groups or ranges of individual telephone stations, or calls using certain customer authorization codes, whenever White Line Communications, Incorporated (U.S.) deems it necessary to take such action to prevent (1) the unlawful use of Service; (2) nonpayment for Service; (3) the use of Service in violation of this Agreement; or (4) network blockage or the degradation of Service furnished to you or other customers. V. PAYMENT OBLIGATIONSA. You must provide White Line Communications, Incorporated (U.S.) with a valid credit card number when the Service is activated. If the credit card expires, you close your credit card account or your billing address changes, or the credit card is cancelled and replaced because of loss or theft, you must advise White Line Communications, Incorporated (U.S.) immediately by calling us at 1-877-464-9448, or visiting our website and entering your new credit card information. White Line Communications, Incorporated (U.S.) will charge your credit card on a monthly basis, in advance, for activation fees and monthly Service fees, advanced feature charges, Equipment purchases and shipping, handling charges and other charges described in this Agreement or the website. Any charges not included in your rate plan and any additional usage charges are billed after each billing period. If White Line Communications, Incorporated (U.S.) changes its rates, recurring monthly charges affected by such change will be assessed at the new rate for the full billing period during which the new recurring charge rate became effective. B. White Line Communications, Incorporated (U.S.) may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with White Line Communications, Incorporated (U.S.) is declined or reversed, your credit card expires and you have not provided White Line Communications, Incorporated (U.S.) with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you fully liable to White Line Communications, Incorporated (U.S.) for all charges accrued before termination and for all costs incurred by White Line Communications, Incorporated (U.S.) in collecting such amounts, such as (but not limited to) collection costs and attorney's fees. If a charge to your credit card is denied, White Line Communications, Incorporated (U.S.) may charge you a nominal fee for each failed attempt to process the credit card transaction that is attributable to you having exceeded your credit limit or not having updated your credit card information in a timely manner. C. You are responsible for payment of all charges for Services furnished to you and anyone authorized by you to use your Service. This responsibility is not changed by virtue of any use, misuse, or abuse of your Service undertaken or caused by third parties. D. If you select a "LEASE" option for equipment, the fee will be added to your monthly charge for as long as you are in possession of the equipment concerned. The fee is not refundable and will only be removed if the equipment is returned in working order or if you purchase the equipment for the regular retail price as published at the time you decide to make the purchase. If the equipment is not returned in working order, you will be liable for the retail price of the equipment as last published. Leased equipment will be replaced if defective, but you will be liable for replacement cost at last published price if equipment is damaged while in your possession. E. If you wish to return purchased equipment to WLCI after it has been in use for over 30 days, WLCI reserves the right to not accept the equipment. If WLCI does agree to accept the equipment, it will be subject to a restocking fee of not less than 20% of the purchase price. F. You must promptly notify White Line Communications, Incorporated (U.S.) of any change in your invoicing address or, if applicable, in the credit card or bank account used for payment. You should notify the White Line Communications, Incorporated (U.S.) Customer Care Department by e-mailing White Line Communications, Incorporated (U.S.) at the following address: admin@whitelinevoip.com. G. White Line Communications, Incorporated (U.S.) will charge Customer for Services on a monthly basis in advance and all payments are due immediately (the "Due Date"). White Line Communications, Incorporated (U.S.) reserves the right to charge a late fee of $25 per month if the charges are not paid in a timely manner in addition to reconnection, early termination, and/or equipment related fees. If the law of the state or province where you have registered your location requires a lower amount, we will apply that amount. H. If the amount you owe White Line Communications, Incorporated (U.S.) for out of plan usage exceeds $40, White Line Communications, Incorporated (U.S.) may charge your credit or debit card more frequently than once per month. I. If White Line Communications, Incorporated (U.S.) hires a collection agency to collect, or attempt to collect, any charges owed White Line Communications, Incorporated (U.S.), you will be liable to White Line Communications, Incorporated (U.S.) for an additional payment equal to the collection charges owed, where permitted by applicable law. If White Line Communications, Incorporated (U.S.) incurs any fees or expenses, including attorneys' fees, in collecting, or attempting to collect, any charges owed White Line Communications, Incorporated (U.S.) other than by hiring a collection agency, you will be liable to White Line Communications, Incorporated (U.S.) for the payment of all such fees and expenses reasonably incurred. J. If billing systems or other support is not available for a Service, feature, surcharge, tax or other charge element at the time of Service provision, White Line Communications, Incorporated (U.S.) will bill for that Service, feature, surcharge, or other charge element as soon as it is capable of doing so and you agree to pay for such items. K. No Credit Allowances for Interruption of Service. You acknowledge and agree that the Service is provided "as is." Credit allowances for interruption of Service, including international calling services, will not be provided. L. If you dispute any charges, you must notify us in writing at admin@whitelinevoip.com or at the address below within 10 days of receiving your credit or debit card statement. If you do not notify us in writing in a timely manner, you agree to waive any right to contest such charges. White Line Communications, Incorporated ( U.S.) VI. CANCELLATION OR SUSPENSION OF SERVICEA. By the Customer 1. If you cancel your Service after the thirty (30) day Money-Back Guarantee period, described in section III(C) above, you will be charged a Disconnect Fee, pursuant to Section III(B) above if you originally signed up for a contract plan. 2. If you cancel your Service with White Line Communications, Incorporated (U.S.), you must return the Device or Equipment at your cost. 3. Cancellation may take up to two business days. 4. Your credit card will be charged for any usage after contacting White Line Communications, Incorporated (U.S.) to cancel your Service. 5. All cancellations must be made through White Line Communications, Incorporated ( U.S.)'s Customer Care Department at the toll-free number listed on the first page of your invoice. 6. All cancellations will be effective on the date that you speak to White Line Communications, Incorporated (U.S.)'s Customer Care Department. White Line Communications, Incorporated (U.S.) does not have the ability to schedule a cancellation for a future date. B. By White Line Communications, Incorporated ( U.S.) 1. White Line Communications, Incorporated (U.S.) reserves the right to discontinue furnishing Services, cancel your account, and/or block your access to White Line Communications, Incorporated (U.S.) network, without incurring any liability, immediately and without notice if White Line Communications, Incorporated (U.S.) deems that such action is necessary to prevent or to protect against fraud or to otherwise protect White Line Communications, Incorporated (U.S.)'s personnel, agents, facilities, or Services. Without limitation, White Line Communications, Incorporated (U.S.) may take such actions if: a. You refuse to furnish information or furnish false information that (i) is essential for billing; or (ii) pertains to your creditworthiness, your past or current use of common carrier communications service, or your planned use of such service; b. You indicate that you will not comply with a request for security for the payment for the Services; c. Your Service usage charges exceed established parameters based on your history of usage, which may indicate a likelihood of non-payment or possible fraud; d. White Line Communications, Incorporated (U.S.) notifies you in writing (to the email that you provided White Line Communications, Incorporated (U.S.)) of any past due amount (which remains unpaid, in whole or in part) for any of White Line Communications, Incorporated (U.S.)'s or an affiliated carrier's service to which you either subscribe or had subscribed or used and you do not respond to the email in a satisfactory manner within 7 days; e. You either refuse to pay when billed for Service or indicate to White Line Communications, Incorporated (U.S.), its affiliate, Iris Data Communications Corporation, or an entity billing on White Line Communications, Incorporated (U.S.)'s behalf that you do not intend to pay for Service used by you; f. You use, or attempt to use, Service with the intent to avoid the payment, either in whole or in part, of the charges for the Service by (i) using or attempting to use Service by rearranging, tampering with, or making connections to the Service in an unauthorized manner; or (ii) using tricks, schemes, false or invalid numbers, false credit devices, or other fraudulent means or devices; g. You act, or fail to act, in a manner that hinders or frustrates any investigation by White Line Communications, Incorporated (U.S.) or others having legal authority to investigate your legal obligations; h. Your telephone equipment fails to pass back to White Line Communications, Incorporated (U.S.) the appropriate signal to start and stop billing for a call; i. You were previously provided with notice of breach of these terms and conditions or other contract with White Line Communications, Incorporated (U.S.), took corrective action, but thereafter engaged in the same breach activity; or j. You act in a manner that is threatening, obscene, harassing, or abusive to White Line Communications, Incorporated (U.S.) personnel. k. You act in violation of sections III(E) or III(F) above. 2. White Line Communications, Incorporated (U.S.) reserves the right to discontinue furnishing Services, cancel your account, and/or block your access to White Line Communications, Incorporated (U.S.) network, without incurring any liability, immediately upon written notice to you if: 3. The discontinuance of Service(s) by White Line Communications, Incorporated (U.S.) pursuant to these provisions does not relieve you of any obligation to pay White Line Communications, Incorporated (U.S.) for charges due and owing for Service(s) furnished up to the time of discontinuance. White Line Communications, Incorporated (U.S.) may charge you a Disconnect Fee if your Service is canceled pursuant to either section VI(B) above. 4. White Line Communications, Incorporated (U.S.) may suspend or discontinue the Service generally or disconnect your Service, at any time in its sole and absolute discretion. If White Line Communications, Incorporated (U.S.) discontinues the Service generally, or disconnects your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final month's charges. If your Service is disconnected because you breached the terms presented in this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable. VII. LIABILITYA. White Line Communications, Incorporated (U.S.) will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars, acts of terrorism, strikes, lockouts, work stoppages or other labor difficulties; and any law, order, regulation or other action of any governing authority or agency thereof; or (ii) delayed installation of White Line Communications, Incorporated (U.S.)'s facilities or commencement of Service. B. With respect to any other factual allegation, legal claim, or dispute by you or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a Service), installation (including delays thereof), provision, termination, maintenance, repair, interruption, or restoration of any Service or facilities offered by White Line Communications, Incorporated (U.S.), White Line Communications, Incorporated (U.S.)'s liability, if any, will be limited as follows: 1. With respect to the attempts to route calls to public safety answering points or municipal emergency service providers, as described in Section II, White Line Communications, Incorporated ( U.S.) has no liability. 2. With respect to the provisioning of, or any error or omission in, data, information, or content furnished in connection with any service provided by White Line Communications, Incorporated (U.S.), for example, Directory Assistance, White Line Communications, Incorporated (U.S.)'s liability will be limited to the lesser of: (a) the amount of actual money damages proven by you to have been incurred as the proximate result of your reliance on such data, information, or content; or (b) $100.00. 3. White Line Communications, Incorporated (U.S.) shall not be liable for any delays or incompletion or costs or charges pursuant to a delay or incompletion in local number portability (LNP). C. IN NO EVENT WILL WHITE LINE COMMUNICATIONS, INCORPORATED (U.S.) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT WHITE LINE COMMUNICATIONS, INCORPORATED (U.S.) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT. D. White Line Communications, Incorporated (U.S.) will be indemnified, defended, and held harmless by you against all claims of loss or damage arising from the use of Service furnished by White Line Communications, Incorporated (U.S.), including: 1. Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via White Line Communications, Incorporated (U.S.) Service; and 2. All other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the Service, in connection with any Service provided by White Line Communications, Incorporated (U.S.). E. WHITE LINE COMMUNICATIONS, INCORPORATED (U.S.) MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. F. White Line Communications, Incorporated (U.S.) will not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in White Line Communications, Incorporated (U.S.) offerings made to you, or for damages associated with the Service, or Equipment that it does not furnish, or for damages that result from the operation of customer provided systems, Equipment, facilities or services that are interconnected with White Line Communications, Incorporated (U.S.) Services. VIII. DISPUTE RESOLUTIONIT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. A. Binding Arbitration NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND WHITE LINE COMMUNICATIONS, INCORPORATED ( U.S.) BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. B. Arbitration Information and Filing Procedures White Line Communications, Incorporated ( U.S.) You must describe your dispute and provide White Line Communications, Incorporated (U.S.) with any supporting documentation. Likewise, if White Line Communications, Incorporated (U.S.) has a dispute with you, it will notify you by letter sent to your billing address and attempt to resolve it before pursuing arbitration. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or White Line Communications, Incorporated (U.S.) is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 2200 Century Parkway, Suite 300, Atlanta, GA 30345-3203 and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, on-line, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted in Fairfax County, Washington. Any arbitration shall remain confidential. Neither you nor White Line Communications, Incorporated (U.S.) may disclose the existence, content or results of any arbitration or award, except as may be required by law, or to confirm and enforce an award. Judgment of the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS AFTER THE DATE THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES. C. Fees and Expenses of Arbitration D. In addition to the procedures described in this Section for resolving a dispute, you may also have the right to file a complaint with an appropriate federal or state regulatory agency. IX. MISCELLANEOUS PROVISIONS A. Entire Agreement. B. No Obligation to Assist in Switching to a Different Provider. C. Assignment. D. No Waiver of Rights. E. Binding Effect. F. Severability. G. Governing Law. H. Survival. I. Headings of No Force or Effect. |

