CMS Internet LLC Residential and Commercial Telephone Service

I. EMERGENCY SERVICES – 911/Lifeline

CMS Internet LLC provides access to 911 services over CMS Internet LLC VOIP telephone service. Enhanced 911 services allow 911 operators to view the telephone number and registered address when calls are connected to them. CMS Internet LLC delivers telephone service to its subscribers through the internet and through use of Analog Terminal Adapters (“ATA”) or by SIP trunk to on or off premise PBX or other supported endpoint.

CMS Internet LLC VOIP telephone service is reliant upon the Internet connection and power at the customer premises where the ATA is located or SIP trunk terminates. If the Internet connection that services this location experiences an outage, becomes congested, or has general trouble, calls may not function, complete slowly, experience quality issues or one way audio may occur. This includes 911 calls. If the internet connection is provided by a company other than CMS Internet LLC and experiences an outage resulting in one of these issues, no allowance is made for interruptions in service. In the event of a power outage, calls cannot be made or received, including 911 calls. This also includes the operation of other devices that may be connected to the service including devices to assist with disabilities. No allowance is made for interruptions in service due to power failures.

CMS shall not be held liable for interruptions in service due to power loss and/or Internet connections regardless of provider or be held liable for property damages and/or personal injuries as a result.

CMS uses third parties to route 911 calls and these companies are responsible for completing 911 calls. CMS shall not be held liable for routing errors or liable for property damages and/or personal injuries as a result of these third parties.

Following a power failure, power disruption or internet failure or disruption, the servicing equipment may need reset, reconfigured or could experience issues if damaged.

II. BILLING AND PAYMENT

Billing: CMS Internet LLC will provide the customer with a monthly billing statement online and via email. If you do not have a valid email address on file, you may not receive your bill. If you choose postal billing you will be assessed a $2.00 per month postal billing fee. Our billing cycle runs from the first (1st) through the thirty-first (31st) or last day of the month. Our billing is paid in advance of each month’s services. The first month of service billing will be pro-rated to account for any partial month that may occur as the result of your installation date.

Monthly billing will include any or all charges for service, protection plans, taxes, surcharges, and fees. Any hardware or service calls will be billed separate from the monthly billing.

Payment: Upon order or installation of service, the customer will be responsible for payment of the installation fee and first month of service, protection plan and any applicable fees or taxes. Payment may be made online via the online billing portal, by cash, check, e-check or credit/debit either in the office, over the phone or by postal mail.

Automatic payment via debit, credit or e-check is offered at no extra charge. Automatic payments are billed on the 25th of each month.

Late/Non Payment: Suspension of services will occur when an account reaches 28 days past due. The entire balance on the account must be paid in order to reinstate services once the account has been suspended. Services will be terminated when an account reaches 90 days past due. If the services are under contract at this time, the customer will be assessed an early termination fee. Disconnection of service does not alleviate the customer of responsibility for paying all unpaid service charges or early termination fees. Late fees may apply.

V. TAXES FEES AND SURCHARGES

Prices for services do not include any sales, use, federal, state, local, universal or other applicable taxes or fees. All taxes, fees and/or surcharges must be paid by the customer.

Customers who are “tax exempt” must provide the appropriate forms to our billing department in order to be disqualified from paying such fees.

VI. TERMINATION OF SERVICE

Either party may choose to terminate service upon thirty (30) days' notice of termination to the other party. In the event of termination by the customer during the initial contract term, an early termination fee will apply. Disconnection fees and other charges may also apply.

Any equipment associated with the services must be returned to our office or be subject to a restocking fee.

If the customer transfers or ports a number to another service provider, the customer must notify CMS Internet LLC in order to cancel any services related to such numbers or service charges will continue.

VII. DEVICES AND EQUIPMENT

CMS high speed internet services and VOIP phone services require specific equipment for use. Upon termination of service for any reason, all associated equipment must be returned to the office within fifteen (15) days.

Repair/Replacement: By adding the Protection Plan to the account, the customer will expand their equipment warranty to include the following coverage for the lifetime of having the plan:

-Physical Damage: If your modem, VOIP ATA, internal DSL wiring, antenna, cable or mounting hardware is damaged by any means (with the exception of an obvious lightning strike) the equipment will be replaced or repaired at no cost to the customer.

-Residential Grade Router: If your personal residential grade router becomes defective (whether purchased from CMS Internet LLC or not) it will be inspected, repaired or replaced at no cost to the customer.

Customers who choose not to purchase the Protection Plan will be responsible for the cost of repair or replacement for any equipment outside of the warranty period. This could also include associated fees for site visits/service calls.

CMS Internet LLC VOIP service is not set up to function with systems such as home security, medical monitoring or other out-dialing systems.

VIII. REASONABLE USE POLICY

You may not use our services or equipment in any way that is fraudulent, improper, illegal or inappropriate. You may not, in any way, manipulate our services or equipment to violate any law, rule, regulation, or any third party’s property or personal rights.

We reserve the right to review your account at any time and take action, including but not limited to, suspension of service if your account usage is beyond normal or reasonable standards in comparison to customers with similar services and/or plans.

If we determine that you are engaging in improper use we will use reasonable efforts to inform you and allow you to correct your usage. If you fail to take this opportunity to correct your usage we may exercise our right to terminate your service.

Residential Use: CMS Internet LLC offers residential end users an unlimited number of calls for reasonable personal use only. This means that the customer is not to transfer or resell the service or equipment to any other person for any purpose without the express written permission of CMS Internet LLC. Residential customers shall not use the service for commercial or governmental service, for profit or non-profit activities. This includes, but is not limited to, business, sales, home office, telemarketing, fax spamming, or calling any person who has not given permission to be included in such a process or activity that would be inconsistent with reasonable personal use. The customer shall not transmit through CMS Internet LLC VOIP service any abusive, threatening, harassing, unlawful vulgar, obscene, or objectionable material of any kind. Customer further agrees not to transmit any material that encourages conduct of a criminal or offensive nature or violates any applicable local, state, national or international law. The customer agrees to notify CMS Internet LLC immediately if usage changes from residential personal use to business use and to begin paying business rates. CMS Internet LLC reserves the right to modify or terminate service if it is determined that the customer is using the service for anything other than reasonable personal residential use.

Commercial Use: CMS Internet LLC commercial end users subscribe to a commercial VOIP service plan. Customers who subscribe to a commercial plan are provided equipment as a small business user. This means that the customer is not to transfer or resell the service or equipment to any other person for any purpose without the express written permission of CMS Internet LLC. The customers agrees that subscribing to a commercial VOIP plan does not give you the right to use the service for auto dialing, telemarketing, continuous or extensive call forwarding or fax broadcasting. CMS Internet LLC reserves the right, at its sole discretion, to modify or terminate service if it is determined that the customer is using the service for any of the aforementioned activities.

IX. LIABILITY

CMS Internet LLC makes no warranties, express or implied, including, but not limited to, any implied warranties or merchantability or fitness for a particular purpose. Neither CMS Internet LLC or it’s vendors will be liable for unauthorized access to CMS Internet LLC or end user’s transmission facilities or premise equipment or for unauthorized access or alteration, theft or destruction of end users data file, programs, procedures, information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of CMS Internet LLC or it’s vendors negligence. Any claim against CMS Internet LLC must be made within 90 days of the event of the claim or 90 days from the termination of service, whichever is earlier. CMS Internet LLC has no liability thereafter.

CMS Internet LLC’s liability is limited to repair, replacement, credit or refund. CMS Internet LLC may elect to provide a refund in lieu of credit, replacement or repair. All warranties cover only defects arising from normal use. They do not include malfunction or failures resulting from misuse, abuse, neglect, alteration, modification, improper installation or repairs by anyone other than CMS Internet LLC. In no event will CMS Internet LLC’s total liability hereunder exceed the amounts paid by the end user to CMS Internet LLC in the previous 12 (twelve) months from the date of the claim.