Terms of Service

These Terms of Service constitute the agreement (“Agreement”) between Norstar Networks (“we,” “us” or Norstar Networks and the user (“you,” “user”, “Customer” or “Subscriber”) of Norstar Networks’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 Norstar Networks, 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 THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. EMERGENCY SERVICES – 911 DIALING

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 Norstar Networks-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 not automatic; you must separately take affirmative steps, as described in this Agreement and on our website, to register the address where you will use the Services in order to activate the 911 Dialing feature. You must do this for each Norstar Networks phone number that you obtain. The 911 Dialing feature of the Service is different in a number of important ways from traditional 911 or E911 service as described on our website page for 911 Dialing under “Features,” and below. 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 Norstar Networks 911 Dialing feature as compared with traditional 911 or E911 dialing. The documentation that accompanies each Device that you purchase should include a sticker concerning the potential non-availability of traditional 911 or E911 dialing (the “911 Sticker”). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 911 Sticker on each Device that you use with the Service. If you did not receive a 911 Sticker with your Device, or you require additional 911 Stickers, please contact our customer care department.

1.2 Registration of Physical Location Required.

For each phone number that you use for the Service, you must register with your local 911 agency and Norstar Networks 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. You will register your initial location of use when you subscribe to the Service. Thereafter, you may register a new location by following the instructions from the “911” registration link on your Norstar Networks web account dashboard features page. 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 not be activated for any phone line that you are using with the Service, unless and until you receive an email from us confirming that the 911 Dialing feature has been activated for that phone line.

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. Some local emergency response centers may decide not to have their general numbers answered by live operators 24 hours a day. If we learn that this is the case, we will send your call instead to a national emergency calling center and a trained agent will contact an emergency center near you to dispatch help. You hereby authorize us to disclose your name and address to third-party service providers, including, without limitation, 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.

(a) Service Outages Due to Power Failure or Disruption.
911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.

(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service.
Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning.

(c) Service Outage Due to Suspension or Termination of Your Norstar Networks Account.
Service outages due to suspension or termination of your account will prevent all Service, including 911 Dialing, from functioning.

(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts.
Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge that Norstar Networks is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 Dialing, which may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.

(e) Other Service Outages.
If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in 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; Reduced Speed for Routing or Answering 911 Dialing Calls.

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.

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.

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.

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. SERVICE

2.1 Term.

Service is offered on a monthly or multi-month basis as is determined in your Service activation or order form, or via our online ordering process. The term begins on the date that Norstar Networks activates your Service and ends on the day before the anniversary date of your Term. Subsequent terms of this Agreement automatically renew on a monthly basis unless you give us written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given.

You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You will also be responsible for the next full month’s charges in the event that you do not provide the requisite ten-days notice of termination prior to the expiration of the then-current term.

Expiration of the term or termination of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.

2.2 Intentionally left blank

2.3 Use of Service and Norstar Networks 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, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting.

We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service or the Device for any of the aforementioned or similar activities.

2.4 Use of Service only.

For Service only customers, you are responsible for supplying, operating and supporting the Customer Premise Equipment for use with the Service. In addition, any customer-supplied equipment must be pre-approved by Norstar Networks in writing.

You shall not resell or transfer the Service to another party without our prior written consent. You are prohibited from using the Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting.

We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service for any of the aforementioned or similar activities.

2.5 Prohibited Uses.

(a) Unlawful.
You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose.

In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service.

If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities.

In addition, Norstar Networks will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in cases where failure to disclose the information may lead to imminent harm to the customer or others.

(b) Inappropriate Conduct.
You shall not use the Service or the Device in any way that is threatening, abusive, illegal, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior.

We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device in any of the aforementioned ways.

If we believe that you have used the Service or the Device in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities.

(c) Network Disruption.
Any use of the Services or any other action that causes a disruption in the network integrity of Norstar Networks or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services at the sole discretion of Norstar Networks.

End User understands that neither Norstar Networks nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End User agrees that it will NOT use the Services in ways that violate laws (including but not limited to laws prohibiting transmission of unsolicited fax advertisements), infringe the rights of others, or interfere with the users, services, or equipment of the network.

End User agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of Norstar Networks.

Norstar Networks’s Service Plans for business End Users that offer unlimited minutes of PSTN calls (“Unlimited PSTN Plans”) are for reasonable business use of End User only. Such use shall not include certain activities including, but not limited to, any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing (including without limitation charitable or political solicitation or polling), call center operations, junk faxing, fax spamming, calling/faxing any person (through the use of distribution lists or otherwise) who has not given specific permission to be included in such a process or any other activity that would be inconsistent with reasonable business usage.

End User shall not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. End Users further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.

Any use found to be inconsistent with this restriction will result in termination of the Service. Norstar Networks reserves the right to immediately terminate or modify the Services of any End User using Unlimited PSTN Plans if Norstar Networks determines, in its sole discretion, that End User is not using the Unlimited PSTN Plans for End User’s reasonable business use.

2.6 Use of Service and Device by Customers Outside the United States.

Although we encourage you to use of the Service to place calls to foreign countries from within the United States, we do not presently offer or support the Service in any countries other than the United States and Canada.

If you use the Service or the Device outside of the United States or Canada, you will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to terminate your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or the Device outside of the United States or Canada.

2.7 Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software.

(a) Copyright; Trademark.
The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions.

All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) 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.

(b) Unauthorized Usage of Device; Firmware or Software.
You have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement.

You expressly agree that the Device is exclusively for use in connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose.

We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you.

In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

2.8 Tampering with the Device or Service.

You shall not change the electronic serial number or equipment identifier of the Device or to perform a factory reset of the Device without our prior written consent.

We reserve the right to terminate your Service if we believe, in our sole and absolute discretion, that you have tampered with the Device. In the event of such termination, you will remain responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable.

You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.

2.9 Theft of Service.

You shall notify us immediately, in writing or by calling our customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner.

When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized 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 we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service.

2.10 Return of Device (Does Not Apply to Customers who use Devices not provided by Norstar Networks directly)

(a) Retail Customers.
A Retail Customer may only return the Device to the retail store, dealer or other provider from which the Retail Customer purchased the Device. All returns will be subject to the return policy of such retail store, dealer or other provider. We will not accept any Device returned to us from a Retail Customer.

(b) Non-Retail Customers.
Non-Retail Customers may return the Device to us within fourteen (14) days of the termination of Service to receive a credit for any termination fee (See Section 3.6) provided that:

the Service is terminated within the first thirty (30) days following the activation of the Service;
the Device is in original condition, reasonable wear and tear excluded;
the original proof of purchase are returned with the Device, together with the original packaging, all parts, accessories, and documentation;
prior to returning the Device to us, you obtain a valid return authorization number from our customer care department, which can be reached at customerservice@norstar.net or 1-800-228-1308; and
you pay all costs of shipping the Device back to us.

If you disconnect multiple lines, we will issue you a credit for all termination fees upon receipt of all Devices in accordance with the requirements set forth above.

If you receive cartons or Devices that are visibly damaged, you must note the damage on the carrier’s freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact our customer care department immediately at customerservice@norstar.net.

2.11 Number Transfer on Service Termination.

Upon the termination of your Service, we may, in our sole and absolute discretion, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if:

such new service provider is able to accept such number;
your account has been properly terminated;
your account is completely current, including payment for all charges and applicable termination fees; and
you request the transfer upon terminating your account.

2.12 Service Distinctions.

The Service is not a telecommunications service and we provide it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

2.13 Ownership and Risk of Loss.

You will own 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 to us in accordance with this Agreement.

2.14 No 0+ or Operator Assisted Calling; May Not Support x11 Calling.

The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.

2.15 No Directory Listing.

The phone numbers you obtain from us will not be listed in any telephone directories. Phone numbers transferred from your local phone company may be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.

2.16 Incompatibility With Other Services.

(a) Security Systems.
The Service may not be compatible with security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business.

You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.

(b) Certain Broadband and Cable Modem Services.
You acknowledge that the Service presently may not be compatible with some broadband services. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service.

We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.

3. CHARGES; PAYMENTS; TAXES; TERMINATION

3.1 Billing.

When the service is activated, you must provide us with a valid email address and a credit or debit card number from a card issuer that we accept. We reserve the right to stop accepting credit or debit cards from one or more issuers.

If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is canceled and replaced on account of loss or theft, you must advise us at once.

We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit or debit card, including but not limited to:

activation fees;
monthly Service fees;
international usage charges;
advanced feature charges;
equipment purchases;
termination fees; and
shipping and handling charges.

The amount of such fees and charges shall be published on our website and may change from time to time. Notification of monthly invoices will be sent to you via your email address on file with us. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $250. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on our website.

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 Norstar Networks charges on that statement or you will be deemed to have waived any right to contest such charges.

All notices of disputed charges should be sent to:

Customer Care Billing Department
Norstar Networks
171 Centerpoint Blvd.
Pittston, PA 18640
customerservice@norstar.net

3.3 Payment and Collection.

(a) Payment.
We only accept payment by credit or debit card, unless other payment terms have been explicitly agreed to in writing by Norstar Networks. Your subscription to the Service authorizes us to charge your credit or debit card.

This authorization will remain valid until 30 days after we receive written notice from you terminating our authority to charge your credit or debit card, whereupon we will charge your credit or debit card for the termination fee, if applicable, and any other outstanding charges and terminate your Service.

We may terminate your Service at any time in our sole and absolute discretion if any charge to your credit or debit card is declined or reversed, your credit or debit card expires and you have not provided us with a valid replacement credit or debit card, or in case of any other non-payment of account charges.

(b) Collection.
If your Service is terminated, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney’s fees.

3.4 Termination; Discontinuance of Service.

We reserve the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion.

If we discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges.

If your Service is terminated on account of your breach of any provision of 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.

3.5 Taxes.

You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device.

Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement.

If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.

3.6 Termination Fee.

You may be charged a termination fee specified per phone number or device, and the FULL RETAIL PRICE for each Device supplied by Norstar Networks if your Service is terminated for any reason during the Term following the activation of your Service.

3.7 Money Back Guarantee; Limitations and Conditions.

(a) Money Back Guarantee.
We offer Business subscribers a 30-day money back guarantee from the date of activation of Service. The money back guarantee applies only to the first-ordered service package, not to additional or secondary orders.

We will refund the activation fee and monthly charge for first month of Service provided that:

you have not exceeded 2,500 minutes of usage; and
you cancel your Service within the 30-day period.

Federal excise taxes and any other applicable taxes cannot be refunded. You will remain responsible for any charges for usage fees including but not limited to local or international usage, calls to Norstar Networks toll-free numbers and directory assistance.

We reserve the right to terminate or revoke this money back guarantee at any time, without prior notice.

3.8 Payphone Charges.

If you use our “Toll Free” feature or any toll free feature that we offer in the future, we will be entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls made to your number.

We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion, as we deem appropriate for the recovery of these costs.

3.9 Charges for Directory Calls (411).

We will charge you a specified amount for each call made to Norstar Networks directory assistance.

3.10 Charges for Conference Bridge Calls.

We will charge you per minute for each caller who calls into your conference bridge.

Your Conference Bridge per minute usage fee will be the lower of:

(i) 3.9 cents per minute, or
(ii) the per minute Conference Bridge usage fee determined in your Service Activation Form or online order form.

Per minute usage fees will be calculated based on all participants on the conference bridge, including on-network and off-network participants.

3.11 Additional Terms and Conditions – Hosted Services (if applicable), CPE installation and other services.

1. DELIVERY AND INSTALLATION:
Norstar Networks will use its best efforts to make timely equipment delivery and/or installation. However, all delivery and installation dates stated are approximate. Norstar Networks shall under no circumstances be liable for damages due to delays in delivery or installation.

2. INTERCONNECTION WITH UTILITY/OUTSIDE FACILITIES – Including LAN/WAN/Network:
Norstar Networks shall be limited to the installation of the equipment on the subscriber side of the interface that connects the equipment to the telephone system operated by the local telephone utility.

Norstar Networks shall not be responsible in the event the utility fails to make available interconnect services. Buyer agrees that any necessary modifications performed by Norstar Networks to make available interconnect services will be charged on prevailing rate basis.

3. RISK OF LOSS:
The risk of loss, damage or destruction to the equipment specified shall be borne by the buyer to the extent such equipment is situated or installed in buyer’s premises, except if such loss, damage or destruction is due to defects in material or workmanship.

4. WARRANTY:
Norstar Networks warrants for a period of one year from the cutover date that the equipment will be free from defects of material and workmanship. Defects covered by this warranty will be replaced at Norstar Networks’ expense.

(i) Time and Place of Warranty Work:
Norstar Networks will provide ongoing, on-premises repair service, including material and labor, during the warranty period at no charge to the buyer. All services will be provided during normal working hours (8:30 a.m. – 5:00 p.m., Monday through Friday, except holidays). Warranty service performed after normal working hours will be charged at prevailing rates.

(ii) Warranty Limitation:
Norstar Networks will not warrant equipment damaged due to installation or repair by others than Norstar Networks employees, abuse, improper handling or storage, alteration, unsuitable environment, accident or disaster (fire, flood, water, wind, lightning, power surges or brownouts) or any circumstances beyond the control of Norstar Networks.

(iii) Lack of Use:
Norstar Networks shall not be liable for any special or consequential damages for loss, damage or expense directly or indirectly arising from the buyer’s inability to use the equipment.

(iv) Implied Warranty:
Whether the equipment is purchased or leased, the warranty stated above shall be in lieu of any other expressed or implied warranties.

5. BUYER TO PROVIDE:
Suitable conditions for Norstar Networks workers: required commercial power; floor plans with telephone locations, necessary openings, ducts, conduits, and facilities for the system; free access to the installation premises; secure storage area; any required permits or approval and consent of owner, mortgagor or landlord; if required by local law, conduit and/or special fire retardant cabling. All installations are to utilize existing cable unless specifically agreed to and listed in the equipment description section of this agreement. Should additional cable be required, buyer agrees to be charged at prevailing rates for such cabling.

6. AGENCY:
Buyer will permit Norstar Networks to act as its agent to provide for the termination of any existing service agreements with the local telephone utility and for the removal of any existing equipment and cable as required.

(i) Equipment Removal:
Norstar Networks will not be liable for charges to buyer for the lack of timely removal of equipment by the buyer’s service provider, provided that Norstar Networks has made a reasonable and verifiable request to the above as an agent of the buyer.

7. CUTOVER DATE:
The cutover date shall be the date on which the equipment is installed.

8. DEFAULT BY BUYER:
In the event of a default in any payment when due or of any term of this agreement by buyer, the entire amount buyer owes under this agreement shall be immediately due and owing to Norstar Networks. In addition, if this agreement is referred for collection to an attorney by Norstar Networks, buyer agrees to pay reasonable attorney’s fees incurred by Norstar Networks.

9. MISCELLANEOUS:
This instrument shall constitute the entire agreement between Norstar Networks and Buyer and it shall not be amended, altered or changed except by written agreement between the parties or their successors in interest. No provision of this agreement can be waived except by the written consent of Norstar Networks.

(i) Leased/Rented Equipment:
If equipment is leased or rented, buyer shall provide financing company with such corporate resolutions, opinions of counsel, financial statements, necessary to provide timely credit approval. Buyer hereby authorizes any financing institution to make progress payments to Norstar Networks.

(ii) Security Interest:
Until payment in full for the equipment is received by Norstar Networks, the equipment and other goods which are sold or leased pursuant to the terms of this Agreement, shall be subject to a purchase money security interest in favor of Norstar Networks as against Buyer or Lessee. The purchase money security interest shall extend to any proceeds derived from the disposition of the identified collateral. The security interest shall also extend to any appurtenances affixed to the equipment identified in this Contract.

(iii) Financing Statements:
Customer shall file financing statements, as Norstar Networks shall request, to protect Norstar Networks’ security interest.

(iv) Compliance With Law:
The law of the Commonwealth of Pennsylvania applies to all paragraphs of this Agreement.

10. LIMITATION ON DAMAGES:
Norstar Networks shall not be liable for any special or consequential damages for loss, damage, loss of profits or expenses for any claim, cause of action or legal action for the breach of warranties included with this Agreement, express or implied, in excess of the purchase price of this equipment.

11. CANCELLATION:
In the event of cancellation of this agreement by Buyer, the Buyer shall be liable to Norstar Networks for 25% of the total purchase price.

12. Job Change Orders (JCO):
Any changes, requested by Buyer, to the original scope of work shall be completed as a JCO and will be charged on prevailing rate basis. All JCOs will be invoiced with the final system invoice, at Cutover of System.

4. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES

4.1 Limitation of Liability

In addition to the terms and conditions previously set forth, we will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

An act or omission of an underlying carrier, service provider, vendor, or other third party;
Equipment, network, or facility failure;
Equipment, network, or facility upgrade or modification;
Force majeure events such as acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, and government actions;
Equipment, network, or facility shortage;
Equipment or facility relocation;
Service, equipment, network, or facility failure caused by the loss of power to you;
Outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;
Any act or omission by you or any person using the Service or Device provided to you; or
Any other cause beyond our control, including, without limitation, a failure or defect in any Device, failure of an incoming or outgoing communication, or inability of communications (including 911 Dialing) to be connected, completed, or forwarded.

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 NORSTAR NETWORKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE BE LIABLE FOR:

Direct, incidental, indirect, special, punitive, exemplary, or consequential damages;
Any other damages, including personal injury, wrongful death, property damage, loss of data, loss of revenue or profits;
Damages arising out of or in connection with the use or inability to use the Service, including inability to access emergency services through 911 Dialing.

These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any other theories of liability, whether or not we were informed of the likelihood of such damages.

4.3 Indemnification and Survival

(a) Indemnification
You shall defend, indemnify, and hold harmless Norstar Networks, 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) by, or on behalf of, you or any third party or user of the Service, relating to the Services or the Device.

(b) Survival
Provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

4.4 No Warranties on Service

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

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. Norstar Networks and its agents or vendors are not liable for unauthorized access, alteration, theft, or destruction of customer data, regardless of whether caused by negligence.

Statements or descriptions concerning the Service or Device are informational and are not warranties of any kind.

4.5 Device Warranties

(a) Limited Warranty
If you received the Device new from us and it included a limited warranty, refer to the separate limited warranty document for the terms. Remedies for breach are limited to those expressly set forth in that documentation.

(b) No Warranty
If your Device did not include a limited warranty from us at the time of receipt, you accept the Device “as is” and are not entitled to replacement, repair, or refund for any defect.

(c) Disclaimer
Except as expressly set forth in the documentation provided with the Device, we make no warranties of any kind, including merchantability, fitness for a particular purpose, title, non-infringement, or that firmware/software is “error-free” or will meet your requirements. Device warranties do not apply to business customers.

4.6 No Third Party Beneficiaries

No provision of this Agreement gives any person or entity not a party to this Agreement any remedy, claim, liability, reimbursement, or cause of action.

4.7 Content

You are responsible for content transmitted by you or your Users. You must ensure your and your Users’ compliance with all applicable laws, regulations, and instructions for use. We may terminate or suspend Services or remove content at our sole discretion if it violates this Agreement or interferes with Service provision.

4.8 Recording Conversations

Norstar Networks provides a function for recording individual telephone conversations. It is the Subscriber’s responsibility to comply with local laws regarding notice and notification requirements when using this feature.

5. MISCELLANEOUS

5.1 Governing Law

This Agreement and the relationship between you and us are governed by the laws of the State of Pennsylvania without regard to conflict of law provisions. Any court action shall be in Pennsylvania courts, and you waive objections to venue or inconvenient forum.

5.2 Mandatory Arbitration and No Jury Trial

Any dispute arising out of the Service or Device will be resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in Luzerne County, PA.

Arbitration decisions are final and binding.
Arbitrators cannot award relief beyond what this Agreement provides or punitive/exemplary damages.
Claims must be filed within one year of the event or be barred.
Arbitration must be individual; class actions are waived.

This provision waives your right to a jury trial.

5.3 No Waiver of Rights

Our failure to exercise or enforce any right under this Agreement does not waive that right.

5.4 Entire Agreement

This Agreement, including modifications and service rates on our website, constitutes the entire agreement between you and Norstar Networks and supersedes all prior agreements, statements, and representations.

5.5 Severability

If any part of this Agreement is found invalid or unenforceable, the remaining provisions remain valid and enforceable.

6. FUTURE CHANGES TO THIS AGREEMENT

We may change the terms of this Agreement from time to time. Notices are effective when posted on www.norstar.net. Best efforts will be made to notify Customers by email. Continued use of the Service after posting indicates acceptance.

The posted Agreement supersedes all previously agreed electronic or written terms, including those with Device packaging or retail distribution.

7. PRIVACY

Norstar Networks Service uses, in whole or in part, the public Internet and third-party networks to transmit voice and other communications. Norstar Networks is not liable for any lack of privacy experienced with the Service. For more information, see our Privacy Policy at www.norstar.net.