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Master Terms and Conditions for all IsoFusion customers and for all users of IsoFusion websites. This Master Terms and Conditions Agreement (the “Master Agreement”) is applicable to customers and users (“You”) of IsoFusion and all other IsoFusion affiliated entities (“IsoFusion”). IsoFusion is a Washington corporation. Its address is: 12842 Interurban Ave S, Seattle, WA 98168.
This Master Agreement specifies general terms and conditions You accept and agree to abide by when accessing or using any service or website provided by IsoFusion. If You do not agree to be bound by the terms and conditions in this Master Agreement, do not use or access IsoFusion’s site or services. IsoFusion provides its services subject to Your compliance with the terms and conditions herein.
If You have a separate signed contract with IsoFusion for specific services, that contract will be controlling over and supercede any inconsistent language in this Master Agreement.
This Master Agreement may be modified or terminated by IsoFusion at any time, without prior notification to You unless a separate agreement exists between You and IsoFusion which requires advance notification or approval of such changes. You agree to abide by the terms and conditions in this Master Agreement and all subsequent modifications of this Master Agreement. Your continued use of the services provided by IsoFusion following IsoFusion’s posting of any changes to this Master Agreement will constitute Your acceptance of such changes or modifications. If You do not agree to any such changes, do not continue to use IsoFusion services or this site. Failure to abide by these terms and conditions may, at IsoFusion’s option, result in the termination of any or all services IsoFusion is providing to You.
You consent to receive communications from IsoFusion by electronic mail. IsoFusion’s notification email address, which must be used in any official communication with IsoFusion, is notifications@isofusion.com. It is Your responsibility to ensure that IsoFusion has a valid email address for You on file. IsoFusion’s inability to contact You via email due to a missing, inaccurate, incomplete, or inaccessible email address will waive IsoFusion’s obligation to attempt to contact You.
If any part of this Master Agreement is found to be unenforceable or unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
You may not enter into this Master Agreement (and thus may not use the services provided by IsoFusion) if You are less than 18 years old.
You acknowledge that IsoFusion may attempt to assist You by phone or email with a variety of technical issues but that You are solely responsible for Your equipment and internal network and for the cost of any consultants or vendors You engage to assist You with any issues You may have with regard to Your internet services from IsoFusion.
YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO BACK UP ALL DATA AND CODE ON YOUR SERVERS AND WEBSITES. You agree that IsoFusion has no responsibility to cache or maintain email or USENET news postings sent either to or from Your account. You agree that if You use an IsoFusion spam and/or virus filtering service that (a) You release IsoFusion from any obligation to cache or maintain such email, any responsibility for errors or omissions introduced when IsoFusion’s services alter or delete such email, and/or any obligation to deliver such email either to or from Your account, and (b) You understand that such services are not perfect and that the use of such services or software will reduce, but not eliminate, spam and/or virus infected email You may receive.
IsoFusion has the right, but not the obligation, to monitor any activity and content associated with its sites or services. IsoFusion may investigate any complaint or reported violation of its policies and take any action it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on a hosted web site.
IsoFusion also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials and regulatory agencies. In order to cooperate with governmental requests, to protect IsoFusion’s systems and customers, or to ensure the integrity and operation of IsoFusion’s business and systems, IsoFusion may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history and posted content. You hereby consent to such action by IsoFusion.
ISOFUSION PROVIDES ITS WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ISOFUSION FURTHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES AS PROVIDED. ISOFUSION FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
If in connection with your allegedly illegal activities, law enforcement officials seize a server in an IsoFusion data center that your website is running on, you agree you are liable for all damages suffered by IsoFusion and other customers affected as a result of such seizure, and you agree that IsoFusion shall have no liability to you as a result of that seizure.
IN NO EVENT SHALL ISOFUSION BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OR INTENTIONALLY OR NEGLIGENTLY, THE USE OF ISOFUSION’S SITE, SERVICES OR THIS AGREEMENT. ISOFUSION’S LIABILITY TO ANY USER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
You agree that the location for any litigation arising out of this Master Agreement or Your use of IsoFusion services will be in King County, Washington and You agree to waive all rights to request or enforce a change of such location (venue). You agree that the prevailing party in any litigation brought under this Master Agreement will be entitled to receive its reasonable attorney’s fees and court costs from the other party.
You agree not to knowingly transmit, or knowingly permit to be transmitted via any system You control or should control, to or across any site or service operated by IsoFusion, any content consisting of unsolicited commercial email or excessive amounts of commercial Usenet postings (“spam”), or any material designed to discover and/or breach the security systems of IsoFusion or any third party (“hacking”), or any content known to contain a software virus or Trojan horse (“infected material”), or any content otherwise illegal to possess or transmit under the laws or regulations of the State of Washington or the United States of America (“illegal content”). You agree not to fraudulently forge email headers, Usenet headers, IP packet information, or engage in any other activity designed to hide the point of origin of any content You transmit to or through the IsoFusion system (“spoofing”). Standard network techniques such as network address translation or e-mail proxies are not considered “spoofing.” You agree not to knowingly attempt to cancel, supercede or otherwise interfere with email or Usenet posts other than those You originate (“cancel bots”). You agree not to use any third party site or service to promote an IsoFusion site or service in an abusive manner (“hostile redirection”). You agree not to place or store material on IsoFusion sites or services that infringe a third party’s copyright or trademark rights, and/or are comprised in whole or in part of illegally obtained trade secrets.
IsoFusion reserves the right to terminate Your service immediately and without notification if You or any system under Your control engages in the transmission of spam, hacking, transmission of infected material, transmission or possession of illegal content, spoofing, use of cancel bots, hostile redirection, acts of illegal storage, or any other violation of IsoFusion’s Network Abuse Policies.
You acknowledge IsoFusion’s right to take all available legal and technical steps, including remotely scanning Your ports, to prevent fraudulent or counterfeit e-mail from entering, utilizing or remaining within the IsoFusion system. You grant IsoFusion power of attorney to take all legal and technical steps to prevent the transmission of any and all email to or through any IsoFusion equipment or server that IsoFusion determines, in IsoFusion’s sole discretion, to be undesirable in any way and for any reason, including, without limitation, blacklisting, unsubscribing, opting out, and/or initiating legal actions against the senders of such email.
Per the Digital Millennium Copyright Act, IsoFusion is registered with the United States Patent and Trademark Office as an online service provider. IsoFusion’s designated agent for notification of infringements is Stephen Milton. Mr. Milton can be contacted through a Copyright Infringement notice or via milton@isofusion.com. As such, IsoFusion will, upon notice of copyright infringement by the copyright holder, block outside access to any allegedly infringing materials. If the user in question gives counter-notice, IsoFusion will forward such counter-notice back to the copyright holder. If the copyright holder does not file a legal action against the user in question within 14 days, IsoFusion will re-instate access to the alleged infringing materials.
You acknowledge that the Internet is an inherently insecure environment and that any computer or other equipment You attach to the Internet or to any network attached to the Internet may become the target of computer hackers. You are solely responsible for keeping Your machines secure and free of viruses or other harmful programs that can directly or indirectly interfere with the operations of IsoFusion’s sites and services, and that of third parties connected to IsoFusion’s networks. You are solely responsible for guarding against and repairing Your computers and other systems from any infection by malicious code or unauthorized use.
You understand and agree that the internet contains unedited materials, some of which are sexually explicit or may be offensive. You access such materials at Your own risk. IsoFusion has no control over and accepts no liability or responsibility whatsoever for such materials.
IsoFusion’s websites contain links to other external websites that may be useful to You. IsoFusion is not responsible for the privacy practices or the content of these external websites.
IsoFusion will not be held liable for any charges or incidental fees that You may incur through the normal use of Your service. This includes long distance charges incurred by calling a long distance phone number to receive customer support or to connect to IsoFusion sites or services. You agree to be solely responsible for these fees.
You agree not to resell (or provide free of charge) any IsoFusion site or service to any third party without first entering into a Reseller Agreement with IsoFusion.
If You purchase services from IsoFusion in one to three month increments, no pro-ration of Your prepaid fees will be made in the event of cancellation or termination of service. If You purchase services from IsoFusion in an increment longer than three months, in the event of termination or cancellation, and absent a contrary provision in Your service contract, You will be responsible for 100% of the balance of the remaining payments under Your service contract as of the date of Your cancellation or termination. If You purchase services from IsoFusion which included a rebate or a discount for length of contract and Your service is cancelled or terminated prior to the end of that period, the discount will be revoked and You will be billed for and will be responsible for immediately paying the difference. IsoFusion reserves the right to reduce any refund by offsetting expenses IsoFusion may have occurred as a result of damages You or Your equipment may have caused. All equipment owned by IsoFusion must be promptly returned to IsoFusion when Your service ends.
All termination or cancellation notices from You must be sent to cancellations@isofusion.com, and please check Your next billing to be sure Your cancellation email was received and processed.
You agree to pay when due for the valid charges for IsoFusion services and agree that such timely payment is an essential condition for IsoFusion services. Faxed copies of signatures shall be as legally binding as original signatures. Any over billing errors must be reported to IsoFusion within 90 days of the error, and adjustments or refunds for errors over 90 days will not be made. IsoFusion reserves the right to bill You for any item that has not been billed to You and should have been.
For all payments received more than 10 days after the Billing Date IsoFusion reserves the right to assess a late fee equal to 1.5% of the amount due.
You agree to pay for any expenses incurred by IsoFusion with a third party vendor because of erroneous personal information You have provided to IsoFusion.
If an IsoFusion technician is dispatched at Your request to Your physical location, You will be billed for the visit at IsoFusion’s standard rate; however, if IsoFusion determines that the problem was not due to matters You are responsible for, then IsoFusion will normally waive the charges. If a technician from a circuit service partner of IsoFusion is dispatched to Your business location, You will be billed for the visit at the same amount, if any, that IsoFusion is billed by the 3rd party service partner for the service call. You will be credited back for some or all of the service call charges if the service partner agrees the problem was not Your responsibility and credits IsoFusion back.
You agree not to make an offer of employment to any IsoFusion employee. You agree not to offer any IsoFusion employee a commission, gratuity or any other emolument for or in connection with the performance of that employee’s duties.
Except as otherwise set forth in Your Internet Service Agreement or Order, Your IsoFusion services are exclusive of all other telecommunications services (the “Telco”) which may be required to establish connection for You to IsoFusion, and all such costs and the associated terms and conditions required by the Telco to perform such services shall be directly between You and any Telco provider.
There is a Regulatory Cost Recovery Charge for some of the services offered by IsoFusion. When applicable, this charge helps defray the costs of various regulatory, vendor and governmental charges in connection with providing the Services. These charges may include various state or local taxes, TSF fees, governmental Internet access fees, network telephone service fees, and other third party charges and fees, but does not include federal Universal Service Fund charges when applicable. For Service locations in Washington State the recovery charge is 12%; for Service locations outside of Washington State the recovery charge is 5%.
You specifically waive Your right to sue or ability to assign Your rights for any losses. If You and IsoFusion enter into a separate service agreement that provides for a different termination process, that process will explicitly acknowledge and supercede this clause.
If IsoFusion’s direct out-of-pocket circuit costs for Customer increase more than 50%, IsoFusion may request price renegotiation, and if not mutually agreeable then IsoFusion may give a 30-day notice to cancel Your service.
IsoFusion provides Internet services on the basis of reasonable availability. It may, without notice, disconnect all or part of its network from external internet connections for maintenance, equipment replacement, or for network security. You agree that IsoFusion’s failure to maintain uninterrupted or continuous connection to the internet at any rate of transmission including total service outage is not cause for termination of any service agreement You may have entered into with IsoFusion, nor is it cause for reimbursement of any damages or harm that may be caused by such interruptions. You agree that You understand that the nature of the internet and the TCP/IP network protocol used by internet services defines no specific quality of service, and that packets transmitted to or from IsoFusion and/or to or from the internet may be lost in transmission, misrouted by IsoFusion equipment or the equipment of third parties, or delayed by network latency.
Time is of the essence with regard to all terms and conditions in this Master Agreement.
Because of credit and other constraints, You may not transfer or assign any contract with IsoFusion without the prior written consent of IsoFusion.
IsoFusion will invoice You for any governmental taxes or fees it believes are applicable to Your services. If You fail to pay any such taxes/fees that are properly billed to You, You are solely responsible for payment of any such taxes/fees and penalties or interest.
The language of this Master Agreement is protected by a federal copyright, and the trademark IsoFusion is protected by both state and federal trademark registrations. Unauthorized duplication of language in this Master Agreement and unauthorized use of IsoFusion’s trademark is a violation of federal laws.
The IsoFusion Privacy Policy is part of this Master Agreement.
If You have questions or concerns about our terms and conditions, please send an e-mail to notifications@isofusion.com.
You must give IsoFusion notice of any such service interruption or claim for service credits within 30 days of the event related to the claim. Absent other contract language, issuance of service credits is at the discretion of IsoFusion.
If IsoFusion registers a domain name for You, You agree that IsoFusion will do so with the understanding that IsoFusion is not responsible for the ownership, control, or use of the domain name. In addition to fees required by IsoFusion to perform such domain registration services, You will be also responsible for all fees of the certified registrar for its domain name services. You agree to comply with the rules and procedures of the applicable domain name registries, registrars or other authorities. You represent that neither the registration nor the use of its domain name will infringe on the rights of third parties.
You agree to the “Registration Agreement” set out on isofusion.com and agree that any domain name dispute will be resolved in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy.
Date Of Services - The date for the billings for Services to begin (the “Billing Date”) shall be the date on which data packets for the Services can be sent to Customer, as determined by IsoFusion. Notwithstanding the above, the date shall not be later than 50 days from the above date of this Agreement. Unless otherwise stated, if 50 days after the date of this Agreement the Services have not commenced through no fault of the Customer, Customer may terminate the Services with no penalty beyond any Services or hardware sales that have been performed by IsoFusion and received by Customer. IsoFusion tries to deliver Services on or near the date requested. As the order process involves many parties and wiring facilities, there are conditions that can delay the initiation of Services. IsoFusion is not liable for losses by Customer in the event of an order delay. Telephone numbers are not guaranteed until working.
Term - While effective when signed, the term of the Agreement (the “Term”) shall commence on the Billing Date and shall continue for a two year term, unless otherwise specified above. At the end of the Term, if you have not signed up for a new term, the Services shall continue on a month-to-month basis at the then current month-to-month rate until terminated by either party by giving not less than 30 days prior written notice to the other party.
Payment and Billing - Customer shall pay when due for Services at rates set out in this Agreement. Payment for Services is due in advance. The due date is the Billing Date. For all payments received more than 10 days after the Billing Date IsoFusion reserves the right to assess a late fee equal to 1.5% of the amount due, or such lesser amount as allowed by applicable law. If payment is not timely made, IsoFusion may suspend or terminate your Services. Any billing errors or requests for credit must be reported to IsoFusion within 90 days of the error or event, and adjustments or refunds to Customer for errors or events over 90 days will not be made.
IsoFusion will invoice you for any governmental taxes or fees it reasonably believes are applicable to your Services. If you fail to pay any such taxes/fees that are properly billed to you, you are solely responsible for payment of any applicable penalties or interest. You agree that if there is any tax or fee payable applicable to your Services which is to be collected by IsoFusion but which IsoFusion does not collect for any reason, upon assessment thereof by the applicable taxing agency, and demand by IsoFusion, you will immediately remit the same to IsoFusion or the agency, as directed by IsoFusion, even if such assessment arises after the termination of your Services.
You are responsible for charges you incur with third parties, such as on-line services or products, or parties who charge for their telephone-based services. You agree to pay all collection costs, including reasonable attorney’s fees, for non-payment of sums owed under this Agreement. Restrictive endorsements on any checks you offer for payment shall have no legal effect. Accepting partial payments shall not prejudice IsoFusion’s rights to collect the full balance owed to it.
For DSL Customers Only - There is a Regulatory Cost Recovery Charge for some of the services offered by IsoFusion. When applicable, this charge helps defray the costs of various regulatory, vendor and governmental charges in connection with providing the Services. These charges may include various state or local taxes, TSF fees, governmental Internet access fees, network telephone service fees, and other third party charges and fees, but does not include federal Universal Service Fund charges when applicable. For Service locations in Washington State the recovery charge is 12%; for Service locations outside of Washington State the recovery charge is 5%. This fee is not applicable to other IsoFusion services.
Telecom Charges Not Included - Except as otherwise set out in the Agreement, the Services provided are exclusive of any telecommunications charges from third parties which may be required to establish a hard wire connection for the Customer’s premises/equipment to IsoFusion, and all such costs and the associated terms and conditions required by the telecom company to perform such services are Customer’s responsibility. Customer is responsible to have its site/wiring/equipment ready for installation of any needed telecommunications line and to pay a third party for the extension of such a line to its premises if required.
Loaned or Leased Equipment - IsoFusion equipment may be given, loaned, leased or sold to Customer to utilize the Services. The Customer is responsible for maintaining any such loaned or leased equipment in good working condition. Customer shall reimburse IsoFusion or its business affiliate on a time and materials basis for the cost to repair and/or replace IsoFusion equipment in the event of (a) misuse, (b) failure to exercise reasonable care, (c) physical damage, (d) theft, or (e) other loss. Customer acknowledges and agrees that title to IsoFusion loaned or leased equipment is retained at all times by IsoFusion and Customer agrees to return such IsoFusion equipment within 7 days after the Services terminates or be liable for the purchase price. IsoFusion may, at its option, replace equipment it provides or sells if it malfunctions. You agree to only install/use any IsoFusion equipment at the Service address above.
Rebates - You are solely responsible for obtaining any applicable rebate for internet connectivity. Please do this promptly as there is often a time limit on obtaining a rebate. To obtain an applicable Covad or New Edge rebate, email to rebates@isofusion.com and we will email you back a circuit number and the internet link that you can use to download your rebate form.
Network Security - Unless the Description of Services above provides otherwise, IsoFusion provides no user access security with respect to Customer facilities or facilities of others. Customer shall be responsible for user access security and network access. IsoFusion may assist in network security breach detection or identification, but shall not be liable for any inability, failure or mistake in doing so. The Internet is not a secure network. Confidential or sensitive information should not be transmitted over the Internet without encryption. IsoFusion is not responsible for loss or theft of information transmitted over the Internet.
Services Usage Restrictions - The Services are provided for the use of a single customer and may not be resold. The Services may not be used in violation of any generally accepted Internet or community standards or any laws or regulations of applicable governmental units. Actions such as misuse of copyrighted or protected materials, use of the Services for defamatory, threatening or obscene purposes, and the mass distribution of any unsolicited message to users of the Internet is prohibited. Customer agrees to not violate IsoFusion’s Abuse Policy posted at isofusion.com/abuse or similar successor website. Any such violations of IsoFusion’s service usage restrictions herein may be grounds for termination of the Services and the collection of applicable damages suffered by IsoFusion. IsoFusion may restrict or block any service it provides if it believes that this is needed to prevent harm to its networks or to prevent possible fraud.
IP Addresses and Routing Network Numbers - Any IP number assigned to Customer will only be used for the agreed Services. Upon IP address reassignment or expiration, service cancellation, or termination of the Agreement, Customer shall relinquish to IsoFusion any IP addresses or address blocks previously assigned to Customer by IsoFusion. IsoFusion reserves the right to reclaim from Customer any assigned IP addresses that are not used by Customer within 120 days of their assignment. All Classless Inter-Domain Routing (“CIDR”) network numbers that may be required for the Services shall be provided solely by IsoFusion. When the Services ends, all CIDR numbers must be relinquished to IsoFusion for reallocation to other customers and will not be available for continued use by the departing Customer.
Failure of Services - IsoFusion is not liable for inconvenience, loss or damages from failures of Services by the local exchange or the interexchange carrier, or other third party, or caused by strikes, labor disturbances, Acts of God, or any event or force of nature which prevents commencement of the Services or continuation of the Services. Upon receiving written notice from you, IsoFusion will use reasonable efforts to cure the problem. If the Services can not be provided for an extended period of time due to failures of Services by an IsoFusion backbone exchange carrier or other third party affiliated with IsoFusion, or due to strikes, labor disturbances, Acts of God, including an event or force of nature, then Customer may give notice to terminate this Agreement without liability if IsoFusion is not readily able to cure the service failure within a reasonable time after receiving such notice.
Services Credits - IsoFusion’s services have historically been extremely reliable. A DSL circuit or wireless connection provides upstream and downstream maximum throughput rates that may vary, based on a number of factors. The maximum DSL throughput rate depends on such factors as the distance of the Customer’s location from a Central Office or DSLAM and the quality of the telephone line serving Customer’s premises.
In the event of a Services interruption for a full calendar day, IsoFusion will provide an additional day of Services at the end of the stated term for each day Customer experiences this problem. This is the sole remedy available to Customer for Services disputes and will be granted solely by IsoFusion. A “Services interruption” for this purpose does not include periods when all or part of the network is unavailable due to (i) scheduled network normal maintenance, (ii) failure or malfunction of equipment, applications or systems not owned or not controlled by IsoFusion or its 3rd party providers, (iii) malfunction or inappropriate engineering of Customer’s network, applications, equipment, or facilities, (iv) negligence and acts or omissions of Customer or those affiliated with Customer, or (v) circumstances or causes beyond the control of IsoFusion or its third party providers, including but not limited to fire, flood, severe storms, earthquake, volcanic eruption, or acts of war or terrorism. Customer must give IsoFusion notice of any such Services interruption or claim for Services credits within 30 days of the event related to the claim. Unless the Services interruption is caused by failure of IsoFusion’s internal system, no credit can be issued for the time prior to the Customer giving IsoFusion notice of the problem.
The Agreement may be terminated by either party in the event the other party breaches a material term or condition of the Agreement and fails to cure said breach within 10 days from receipt of written notice from the non-breaching party. In addition, IsoFusion may terminate this Agreement immediately in the event that Customer (a) is more than ten days past due in paying any amounts due to IsoFusion, (b) files or initiates proceedings or has proceedings filed or initiated against it, seeking liquidation, reorganization or other relief under any bankruptcy, insolvency or other similar law, or (c) Customer fails to comply with IsoFusion usage restrictions or other terms and conditions of IsoFusion’s Abuse Policy. Termination of Services and payment of the early termination fee does not relieve Customer from the obligation to pay any unpaid amounts owed under this Agreement for past Services rendered by IsoFusion and will not result in any refund to Customer for periods prior to termination.
ISOFUSION AND ITS SERVICE PARTNERS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST PROFITS OR REVENUES, REGARDLESS OF THE FORESEEABILITY THEREOF, OCCASIONED BY ISOFUSION’S ACTIONS OR INABILITY TO PERFORM ITS OBLIGATIONS HEREUNDER OR ARISING FROM SOFTWARE OR HARDWARE MALFUNCTIONS. IN NO EVENT SHALL ISOFUSION’S AGGREGATE LIABILITY TO A CUSTOMER UNDER THE AGREEMENT OR OTHER CONTRACT, FOR INDEMNITY, CONTRIBUTION, BREACH OF STATUTORY DUTY, CONTRACT CLAIMS, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OR TORT, EXCEED $200. THE EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT ENLARGE THIS LIMITATION. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO PERIODICALLY BACK UP ALL YOUR DATA AND UNIQUE CODE.
If you use IsoFusion broadband or wireless internet connectivity service for voip/phone services provided by another company, you realize that IsoFusion does not provide 911 or E911 emergency phone services; those must come from your phone service provider. IsoFusion will not be responsible for any personal injury or death related to 911 or E911 failures. See section 16 below
Indemnification - Each party shall be indemnified and held harmless by the other against claims of any third party for damages, losses, or injuries arising out of the negligent or willful act or omission of the other party or its agents, servants, employees, contractors or representatives.
For IsoFusion Customers - If your bundle of services includes IsoFusion’s internet phone service, the following E911 terms and conditions are applicable to you:
a. Limitations: The IsoFusion phone service includes Enhanced 911 functionality (“E911”) that may differ from normal land line 911 service or the E911 functionality furnished by other providers. As such, it may have certain limitations. CAREFULLY READ THE INFORMATION BELOW. YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS OF E911. YOU AGREE TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER THE SERVICE, INCLUDING MAKING THEM AWARE OF ALTERNATIVE METHODS OF ACCESSING 911 SERVICES IN THE EVENT OF THE FAILURE OF THE ISOFUSION SERVICE. IF YOU HAVE ANY QUESTIONS ABOUT E911, CALL ISOFUSION. E911 calls are routed to a regional public safety access point (PSAP). E911 identifies the location of the caller, routes the call to the appropriate local PSAP, and provides the PSAP with location information in order to speed response. VoIP over the Internet phone service such as IsoFusion can present considerable E911 difficulties as the location of the caller can be difficult, if not impossible, to determine if the caller is not at his/her registered premises address.
It is the Customer’s duty to determine whether or not its IsoFusion service is interoperable with any security systems, medical alert or other critical systems connected to it. IsoFusion does not recommend use of the service for unapproved security or other critical systems and can not be responsible for losses should its service may fail and result in loss of property or bodily injury when used in connection with a medical or security system.
i. Correct Address: In order for your E911 calls to be properly directed to emergency services, IsoFusion must have your correct premises address. If you move the Service to a different address without IsoFusion’s approval, E911 calls may be directed to the wrong emergency authority, may transmit the wrong address, and/or your Service (including E911) may fail altogether. Therefore, you must call before you move the Service to a new address. IsoFusion will need several business days to update your premises address in the E911 system so that your E911 calls can be properly directed. All changes in service address require IsoFusion’s prior approval.
ii. Service Interruptions: The Service uses the electrical power in your home. If there is an electrical power outage, 911 calling may be interrupted if the battery backup in the telephone gateway device is not installed, fails, or is exhausted after several hours. Furthermore, calls, including calls to E911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment/power failure, or another technical problem.
iii. Suspension and Termination of Service: You understand and acknowledge that the Service, including E911, as well as all online features of the Service, where we make these features available, will be disabled if your account is suspended or terminated.
iv. Customer acknowledges that it has been advised to have a separate phone service such as a cell phone available for emergencies in case the Service should be temporarily unavailable for an indefinite period of time due to a technical failure of some portion of the Service or if the Customer is not at his/her registered premises address.
v. Customer acknowledges its/his understanding that the E911 service is available only within certain geographic areas within the US, and not available outside the US, and that no emergency dialing services of any kind are available outside these areas.
vi. If you block your phone number, the E911 center may not be able to call you back.
b. Limitation of Liability and Indemnification: YOU ACKNOWLEDGE AND AGREE THAT ISOFUSION AND ITS OFFICERS AND EMPLOYEES AND SERVICE PARTNERS WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE SERVICES, AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ISOFUSION AND ITS OFFICERS, EMPLOYEES AND SERVICE PARTNERS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING E911 SERVICES.
c. If you elect to use one of the Service’s call recording features, you are responsible for complying with any federal or state law applicable to recording such calls. WA residents please note this website: apps.leg.wa.gov/RCW/default.aspx?cite=9.73.030. You may find other useful info on this subject at www.rcfp.org/taping/.
Notices & Privacy - Notification to either party to the Agreement will be sufficient when emailed to the other party (if to IsoFusion at notifications@isofusion.com or if mailed to the other party’s address in the Agreement and deposited in the United States Mail, first class, with postage prepaid. Such address may change by a written notice providing the new address to which notification is to be made. IsoFusion reserves the right to contact Customer via e-mail or any other means for matters pertaining to the Services or other services. IsoFusion does not sell or provide Customers information to third parties other than as required of it by law or legal process. See IsoFusion’s Privacy Policy at isofusion.com/privacy.
General Terms - You agree to not violate the patent, copyright or other intellectual property rights in or pertaining to any firmware or software or Services supplied to you by IsoFusion or its service partners, and you acknowledge that your right to use all such intellectual property rights are through revocable licenses. The Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. Because of credit considerations and other constraints you may not assign this Agreement without the prior written consent of IsoFusion. If any provision of the Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Agreement will remain in full force and effect. Neither party shall have the right to use the other’s name, trademark or trade name without the prior written consent of the other party for any uses not contemplated by this Agreement. The Agreement, including the documents incorporated herein by reference from isofusion.com, represents the complete agreement and understanding of the parties with respect to the subject matter herein and supersedes any other agreements or representations. The laws of the State of Washington shall govern this Agreement. Nothing in the Agreement shall be deemed to confer any rights or remedies upon, nor obligate you or IsoFusion to, any entity other than the other party to the Agreement, unless so stated to the contrary. A digital or electronic signature to this Agreement shall be as valid as a physical signature.
Modification - The Services being provided hereunder is subject to the “Terms & Conditions” posted on IsoFusion’s web site (isofusion.com) at isofusion.com/terms. These terms and conditions are incorporated herein by this reference and may be updated from time to time. While we may give you notice of changes, it is Customer’s responsibility to periodically review IsoFusion’s web site to stay abreast of any modifications to the terms of service and your continued use of the applicable service for more than 30 days after the posting of any change shall constitute an acceptance of such change(s). In all other respects the Agreement may be modified only in a writing signed by authorized representatives of both parties. The waiver or failure by either party to exercise any right provided for in this Agreement shall not be deemed a waiver of that right in the future or of any other right under the Agreement.
Spam and Virus Catchers for Internet Service - IsoFusion’s SpamCatcher endeavors to identify and tag all spam messages in email, but it cannot stop spam completely, and you may regard certain messages as spam that our system protocols do not. In addition, the IsoFusion VirusCatcher service endeavors to catch all email-sourced viruses, but IsoFusion cannot guarantee detection and removal of unknown viruses. IsoFusion recommends that you have anti-virus security software installed on your computer for the purpose of detection, scanning and removal of any new or pre-existing system viruses on your hard drive from a non-email source. Circumstances where viruses can get through the VirusCatcher scanning system include, but are not limited too, new viruses where software manufacturers have not yet issued signatures, as well as all situations of encrypted or compressed emails which by their nature cannot be scanned.
In the normal course of providing your telephone service, IsoFusion maintains certain information about your account. This information, when matched to your name, address and calling or originating billing telephone number, is known as your customer specific “Customer Proprietary Network information,” or CPNI for short. Examples include the type of line you have, service features like Touch tone and Caller ID, class of service, telephone charges, long-distance and local service billing records, directory assistance charges, and historical call records and patterns. CPNI does not include things like customer name, address, or telephone number; aggregate information or data that is not specific to a single customer; customer premises equipment; and Internet access service. Under federal law, IsoFusion has a duty to protect your CPNI from unauthorized access or disclosure.
Currently, IsoFusion does not utilize CPNI to market additional services, nor do we sell customer information to any third party. However, the Federal Communications Commission has adopted rules stating that IsoFusion may not use your CPNI to market certain telecommunications related services or features to you if you have requested that the CPNI be considered “restricted/opt-out” for this purpose. If you wish to have your CPNI “restricted/opt-out,” call the IsoFusion office at 1-888-556-9711 during our normal business hours. Tell us that you wish to restrict our use of your customer information. The restriction will remain in effect until you notify us otherwise. Please note that restricting your CPNI will not eliminate all of our marketing contacts with you. You could still receive marketing contacts from us that are not based on your CPNI. Also, we are permitted to use your CPNI to contact you about additional local telephone and other services when we already provide you that same type service. Finally, even if your CPNI is restricted, we may still use it to market any other telecommunications services or features with your permission if you contact us and ask about them. If you choose not to “restrict/opt-out” then IsoFusion is presumed to have permission, 30-days after you receive this notification, to use CPNI to market services until such time as you withdraw that permission. You may withdraw your permission at any time by contacting IsoFusion at 1-888-556-9711.
