Terms of Service
You (“You” or “Customer”) acknowledge that by using the Spider Tech Support, LLC Hosted PBX Service and/or SIP Trunking Service (and each of their features and ancillary solutions) (collectively referred to herein as the “Service”), You agree to abide by and comply with these Terms of Service. If You do not wish to be bound by these Terms of Service, You may not use the Service. Spider Tech Support, LLC (“We” or “Spider Tech Support”) may modify these Terms of Service without notice and such modifications shall be deemed effective immediately upon posting of the modified Terms of Service. You agree to review these Terms of Service periodically to be aware of such modifications and Your continued access or use of Service constitutes Your acceptance to be bound by the revised Terms of Service.
1. Rights Granted. Subject to the terms of these Terms of Service, Spider Tech Support grants You the right to use the Service. All rights not expressly granted under these Terms of Service are retained by Spider Tech Support.
2. Registering for the Service. Upon registering for the Service and establishing a Service account (an “Account”) and at subsequent times as requested by Spider Tech Support, You agree to provide to Spider Tech Support Your true, accurate, current, and complete personal name and/or business name, billing and shipping addresses, all addresses where the Service is to be used, 911 registered addresses for all Equipment (“911 Location”), email address, contact phone number, credit card information, and other information which Spider Tech Support deems necessary to administer Your Account (“Customer Information”). You represent and warrant that the Customer Information You provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If You provide Customer Information that is, or that Spider Tech Support suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, Spider Tech Support has the right, in its sole discretion, to immediately suspend or terminate the Service to You.
3. The Service.
- (a) The following comprises the base plan offering for the Spider Tech Support Hosted PBX Service:
- Phone Terminal Extension includes a USA Phone Number – monthly fee quoted during the sign-up process
- USA or Canada Toll Free Phone Number – monthly fee quoted during the sign-up process + $0.0269/min
The Account owner shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Service with Spider Tech Support. If no legal entity is provided upon sign-up, the Account owner shall be the owner of the credit card (or alternative method of payment) used to open the Account. Subsequent changes to ownership must be supported by appropriate legal documentation. If Spider Tech Support is unable to determine the valid owner of the Account, Spider Tech Support reserves the right to suspend and/or terminate the Service.
6. Prohibited Uses. Notwithstanding anything to the contrary contained herein, Spider Tech Support reserves the right, in its sole discretion, to immediately and without notice terminate the Service to You (and generally) for any use of the Service or any other action that causes a disruption in Spider Tech Support’s network integrity, or directly or indirectly threatens or compromises the security of Spider Tech Support, its vendors, or the Service. Customer agrees, represents, and warrants that it will use the Service for its own internal use only, and will not resell, transfer or charge for the Service or Equipment without the express written permission of Spider Tech Support. Permitted use of the Service does not include certain activities including, but not limited to autodialing, transmitting any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous, spoofing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, polling, transmitting any material that may infringe, misappropriate, or otherwise violate the foreign or domestic intellectual property rights or other rights of third parties, telemarketing (including without limitation charitable or political solicitation, 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. Customer shall not transmit through the Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, or otherwise objectionable communications or material of any kind or nature. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, violate the intellectual property rights of others, give rise to civil or criminal liability or otherwise violate any applicable local, state, national or international statute, regulation, or other law. You agree that You will, at all times, comply with all applicable laws, including but not limited to the Truth in Caller ID Act, the Telephone Consumer Protection Act and Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM). You further agree that you will not use a fax line to place voice calls. Any use found to be inconsistent with any of the restrictions set forth herein may result in the immediate termination of the Service. You also understand that Spider Tech Support may immediately suspend or terminate Your right to use the Service without liability of any kind if (a) You use the Service to send or transmit any unsolicited communications or advertisements, or (b) in Spider Tech Support’s sole discretion, Your use of the Service exceeds what would be expected of normal business use, including without limitation allowing more than one user to use a single Phone Terminal Extension or using a Phone Terminal Extension in excess of what would be expected of a single user, or (c) Your use of the text messaging feature of the Service is not typical of human message origination and termination or if there is an abnormal imbalance of inbound and outbound messaging. You agree that Spider Tech Support is entitled to monitor Your use of Service.
7. Intellectual Property Rights. You acknowledge and agree that any and all patents, copyrights, trademarks, logos, slogans, service marks, trade secrets, and all other intellectual property rights (collectively, “Proprietary Rights”) in the Equipment and Service are and shall remain the sole and exclusive property of Spider Tech Support and its licensors and suppliers. Nothing in these Terms of Service shall be construed to grant, transfer, or assign any Proprietary Rights to, or vest any Proprietary Rights in, Customer or any third party. You are only entitled to the limited use of the rights expressly granted to You in these Terms of Service, as may be amended from time to time. The Services, the systems and methods that it accesses, and/or the related services provided are covered by more patents or patents pending in the U.S. or elsewhere. You will not take any action to jeopardize, limit, or interfere with Spider Tech Support’s or a third party’s Proprietary Rights. You acknowledge and agree that any unauthorized use of the Proprietary Rights is a violation of these Terms of Service, as well as a violation of applicable intellectual property laws. You acknowledge and understand that all title and rights in and to any third-party content that may be accessed through the Service is the property of the respective content owners and may be protected by applicable intellectual property laws. You agree and acknowledge that any breach of the provisions regarding intellectual property ownership contained in these Terms of Service shall cause Spider Tech Support irreparable harm and Spider Tech Support may obtain injunctive relief and seek all other remedies available in law and in equity.
8. No Modifications. You agree not to undertake, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Equipment or the Service, or any component thereof. You agree not to misappropriate, intercept, capture, emulate, decrypt, or redirect the communications protocols used by Spider Tech Support for any purpose, including connecting to any computer server, PBX, or other device not authorized by Spider Tech Support or in a manner not authorized by Spider Tech Support.
9. Telephone Number. Telephone numbers provided by Spider Tech Support to You (“Phone Number(s)”) are licensed to You pursuant to these Terms of Service. Your use of a Phone Number with any device other than the Equipment is strictly prohibited without the express written permission of Spider Tech Support. Spider Tech Support reserves the right to change or cancel international Phone Numbers at its sole discretion.
10. Number Porting. Spider Tech Support cannot guarantee that requested telephone numbers will be available or that Your existing provider will port Your number(s). For porting numbers into Your Spider Tech Support Account, please contact Spider Tech Support Customer Support. Spider Tech Support will use reasonable efforts to facilitate number transfers or port requests for You, provided that You comply with the necessary and specific procedures for porting between service providers. Spider Tech Support does not guarantee the successful porting of numbers to Your Account. You acknowledge and understand that Spider Tech Support will not be liable for the failure or delay of any third party to cooperate in the porting of any telephone number, or for the unauthorized porting of any telephone number by a third party. For porting phone numbers out of Your Spider Tech Support Account, follow the procedures of Your new service provider. You understand that porting phone numbers out of Your Account does not automatically terminate Your Account.
11. Conditions. Customer acknowledges and agrees that Spider Tech Support ‘s obligations to provide the Service are expressly conditioned upon (i) Spider Tech Support’s receipt of all payments due hereunder, and (ii) Customer’s satisfaction of the technical requirements set forth herein, including possession of properly configured Equipment and the provision of accurate Customer Information to Spider Tech Support.
12. Payment and Money Back Guarantee. The Service is provided to You on a monthly prepaid basis. Upon Your registration for the Service, Spider Tech Support will charge Your credit card (or alternative method of payment, as approved by Spider Tech Support) a deposit in an amount equal to the applicable monthly recurring fees and charges for one month of Service plus any applicable Equipment and other fees. All pricing is in United States dollars. For billing purposes, Your start of Service date (“Service Date”) will commence on the earlier of (i) one month following Your registration for the Service; and (ii) the date of actual service activation on the Spider Tech Support platform. You are responsible and will be charged for all non-recurring fees (i.e, international calls, toll free numbers, etc.) incurred by You. You understand that Your first invoice may be pro-rated. If you do not cancel the Service during the first thirty (30) days following registration, then the deposit (less any non-recurring charges incurred by You) will be applied to the month of Service following the Service Date. If You are paying for the Service with a credit card, then You agree that prior to the provision of any Service by Spider Tech Support, You will provide Spider Tech Support with Your credit card information and You authorize Spider Tech Support to bill Your credit card on a monthly basis. You agree to advise and notify us of any changes to Your credit card information, such as credit card account number or expiration date changes. If the credit card on Your account is declined or fails for any reason, or if you otherwise fail make payment by the applicable due date, then notwithstanding anything to the contrary contained herein, Spider Tech Support reserves the right to disconnect Your Service immediately without notice and to terminate Your Account (and Spider Tech Support reserves the right to continue to attempt charging Your credit card for any outstanding Service charges and additional fees due and owing at the time). Your ability to utilize the Service is contingent upon Spider Tech Support’s prior receipt of payment for the month in which the Service are to be utilized. You are liable for any transactions or activities by You or anyone else that occur on Your account, and in no event shall Spider Tech Support be liable for any unauthorized use of Your Account. Any payments not received by the due date will bear interest at a rate of one and one-half percent (1½ %) per month or the maximum rate permitted by law, whichever is less, from the due date until paid in full.
If You are unsatisfied with the Service for any reason in the first thirty (30) days after Your initial registration for the Service, then you may cancel and be eligible for a refund of Equipment (less a $35.00 re-stocking fee per piece of Equipment) and monthly recurring fees. Shipping and handling charges are not refundable. Refunds for Equipment where an RMA was requested within such thirty (30) day period will be made (less the re-stocking fee) if the Equipment is returned in accordance with the RMA instructions and Section 14 below. A charge for the full retail price of the Equipment (as determined by Spider Tech Support) will be made to Your Account if the Equipment is not returned within 10 business days of Your receiving an RMA number or if the Equipment is not returned in accordance with the RMA instructions and/or Section 14 below. This money back guarantee does not apply to non-recurring charges incurred by You nor to any renewals or add-on lines or services added after your initial order. This money back guarantee also does not apply if You are found to be in violation of these Terms of Service. Spider Tech Support reserves the right to revoke this money back guarantee for all Customers at any time without prior notice. In order to be valid, any cancellation of Services by You, at any time, must be made in writing and sent to email@example.com.
13. Taxes and Other Fees. List prices for the Service and Equipment do not include any customs, duties, sales, use, value added, excise, federal, state, local, public utility, universal service, E-911 taxes and fees or other surcharges and fees. All such taxes, surcharges and fees shall be paid by Customer and will be added to any amounts otherwise charged to Customer. If any amounts paid for the Service or Equipment are refunded by Spider Tech Support, applicable taxes, surcharges and fees may not be refundable. All taxes, surcharges, and fees are subject to change at any time.
14. Equipment. In order to utilize the Service, You must use compatible telephone equipment (“Equipment”). If You do not possess compatible Equipment, You may purchase Equipment and/or rent Equipment from Spider Tech Support when You register for the Service. Purchase and rental of Equipment shall be pursuant to prevailing prices at the time of Customer’s registration for the Service. Renting Equipment is only permitted as part of a “Service Bundle.” You are responsible for the condition of the Equipment provided to You or which You otherwise utilize for the Service. Except for defects which arise within the applicable warranty period, You are responsible for replacing all lost, stolen or broken Equipment. Replacement charges for Equipment purchased or rented from Spider Tech Support will be based on the retail price of Equipment (as determined by Spider Tech Support), plus applicable shipping costs and taxes. You agree to immediately notify Spider Tech Support of any lost or stolen Equipment. Spider Tech Support’s liability for delivery of Equipment shall cease and all risk of loss or damage shall pass to You, upon delivery to a common carrier for shipment. Equipment sold to You by Spider Tech Support or rented by You from Spider Tech Support (as well as replacement Equipment provided to You by Spider Tech Support) may be refurbished equipment. Other than as expressly set forth herein, Equipment may not be returned by Customer for any reason without prior approval of Spider Tech Support. All returned Equipment must be returned in its original packaging, fully functional, show no signs of wear and tear, and be accompanied with all manuals, cords, wires, brochures, peripheral devices, and accessories that were originally shipped with the Equipment. Spider Tech Support may, in its sole discretion, decline Your return and charge You for the full retail value of the Equipment. You are responsible for all return shipping charges for any Equipment returned to Spider Tech Support for any reason, including situations in which hardware is covered under warranty. The Return Merchandise Authorization process is provided below. All returns that do not conform to the restrictions/procedures set forth in this Section 14 and/or the restrictions/procedures set forth in the Return Merchandise Authorization process set forth below may also be subject to an RMA Administrative Fee of up to $25.00 per piece of Equipment. If You are purchasing Equipment on a monthly payment plan or renting Equipment as part of a Service Bundle, then a separate agreement between You and Spider Tech Support is required. Please contact Spider Tech Support Customer Support for more information. You agree that Spider Tech Support’s maximum liability to You or to any third party for any damages arising out of, associated with or related to installation and/or configuration of Equipment and/or the Service, whether such installation and/or configuration is performed by Spider Tech Support or its contractors/subcontractors, is the amount paid by You to Spider Tech Support for such installation and/or configuration.
15. Service Availability. Certain features or ancillary solutions related to the Service may be unavailable or subject to additional terms, restrictions and conditions. You acknowledge and agree that the Service may not be available 100% of the time. Credit allowances for interruption of the Service may be provided on a case-by-case basis at the sole discretion of Spider Tech Support and shall be Your sole remedy for any Service interruptions. Spider Tech Support does not warrant that any descriptions, pricing, marketing materials, promotional flyers, advertisements, or other printed or electronic materials or information related to the Service or Equipment is accurate, complete, reliable or comprehensive. The Service Level Agreement for the Spider Tech Support Hosted PBX Service can be found at the end of these Terms of Service.
16. Service Changes. You understand and agree that Spider Tech Support may make modifications or changes to the Service, which will not materially diminish the functionality of the Service, without prior notice to You.
17. 911 Service. See accompanying Emergency (911) Services Conditions and Limitations for additional terms and conditions. 911 Services are not available in all service areas depending on Your 911 Address. 911 Service availability will be determined based upon the 911 Location You provide to Spider Tech Support. For Hosted PBX Service, under no circumstances may You alter Your caller ID Information. For SIP Trunking Service, when dialing emergency services, You must use a Spider Tech Support provided Phone Number as Caller ID that was registered with the location of the handset making the call. Any alteration or failure to properly register the location of the Phone Number, as the case may be, may result in difficulty accessing 911 Services and further result in a $100 surcharge per 911 call You make with such altered caller ID. A loss of electrical power at Your location will result in loss of the Service (including 911 services) during such outage unless You have a backup system. If the connection to the wired broadband Internet over which Your Service is provided is interrupted, You will not have access to the Service during that interruption and will not have access to 911 services during that interruption. In addition to the terms and conditions contained herein, Your use of 911 Services is subject to the Emergency (911) Services Conditions and Limitations set forth below.
18. Customer Representations & Warranties. You represent and warrant that You possess the legal right, capacity, and ability to agree to these Terms of Service. You represent and warrant that You have and will maintain at all times wireless or traditional wireline telephone service that will enable You to call 911 and any other applicable emergency service number and acknowledge that Spider Tech Support does not offer primary line or lifeline services. You represent and warrant that You will not use the Service in environments requiring fail-safe performance. You represent and warrant that the Customer Information and all other information provided in connection with Your Spider Tech Support Account are true and correct at all times. You represent and warrant that You will not use the Equipment or Service in violation of these Terms of Service.
19. Customer Responsibilities. You are financially responsible for Your use of the Service, including the authorized and unauthorized use of Your Account. In order to use the Service, You must have properly configured and working Internet service and hereby agree, at Your sole expense: to (1) obtain access to Your own Internet service with a third party provider separate to the Service; (2) be responsible for payment of Internet connection and all equipment necessary to establish a connection to such Internet service, as may be required to use the Service; and (3) pay Spider Tech Support for the Service.
20. Recording and Monitoring Conversations; Voicemail Transcription. The Service allows You to record individual telephone conversations. You may also purchase tools that will allow You to monitor telephone conversations. The laws regarding the permissibility, and notice and consent requirements for recording and monitoring conversations vary from state to state. You are solely responsible for complying with all federal, state, and local laws in any relevant jurisdiction when using these features. Spider Tech Support expressly disclaims all liability with respect to Your recording and/or monitoring of telephone conversations. You hereby agree to release, hold harmless, and fully indemnify Spider Tech Support from and against any damages or liabilities of any kind related to Your recording and/or monitoring any telephone conversations using the Service.
The Voicemail Transcription feature converts audio voicemail messages into text, then emails the text to You and also displays the text in Your Account dashboard. You hereby agree that, in connection with providing You the Service, Spider Tech Support and/or its licensor(s) have the right to record and store the audio content of such voicemails and to transcribe such content to text. You understand and agree that the Voicemail Transcription feature may not accurately transcribe voicemails. You are solely responsible for checking the original message and verifying the accuracy of the message when using such feature. Spider Tech Support expressly disclaims all liability with respect to the conversion of voicemails to text.
21. Termination. Spider Tech Support reserves the right to terminate the Service for convenience upon at least thirty (30) days’ notice. Spider Tech Support shall not be liable to You or any third party for terminating or suspending Your use or access to the Service for any reason. If You are purchasing the Service on a month to month basis (i.e., the Service is not subject to a committed service term) then, subject to the applicable provisions in Section 12, You may cancel the Service for convenience upon at least thirty (30) days’ notice. If the Service is the subject to a committed service term then, upon the conclusion of Your committed term of Service or Your renewed committed term of Service (if any), You may terminate the Service upon thirty (30) days prior notice. If You terminate the Service in the middle of a billing cycle, or if Spider Tech Support terminates the Service as a result of Your breach of these Terms of Service or other terms and conditions agreed by You, You shall not be entitled to any refund or pro ration of any pre-paid amounts, credits, or other amounts paid to Spider Tech Support prior to the termination or suspension date. Upon expiration, cancellation or termination of the Service, Customer shall relinquish and discontinue use of any voice mail access numbers, Logins and/or web portals assigned to Customer by Spider Tech Support or its vendors. Upon the termination of Service for any reason, disconnection fees may apply and we will charge You any other outstanding charges. In order to be valid, any cancellation of Services by You, at any time, must be made in writing and sent to firstname.lastname@example.org.
22. Disclaimer of Liability. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, THE SERVICE IS PROVIDED “AS IS” AND SPIDER TECH SUPPORT MAKES NO WARRANTIES AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. NEITHER SPIDER TECH SUPPORT NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO SPIDER TECH SUPPORT’S OR YOUR TRANSMISSION FACILITIES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF YOUR DATA FILES, SOUND FILES, PROGRAMS, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF SPIDER TECH SUPPORT’S OR ITS VENDORS’ NEGLIGENCE. NEITHER SPIDER TECH SUPPORT NOR ITS VENDORS WILL BE LIABLE FOR MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE. NEITHER SPIDER TECH SUPPORT NOR ITS VENDORS WILL BE LIABLE FOR DELAYS OR INTERUPTIONS IN ACCESS TO OR USE OF THE SERVICE.
SPIDER TECH SUPPORT MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. SPIDER TECH SUPPORT IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICE OR THE INTERNET IN GENERAL. SPIDER TECH SUPPORT IS NOT RESPONSIBLE FOR THE CONTENT OF TRANSMISSIONS OR FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD PARTY NETWORK USED IN CONNECTION WITH THE SERVICE. SPIDER TECH SUPPORT IS NOT OBLIGATED TO STORE YOUR COMMUNICATIONS LOGS, VOICEMAILS, FAXES OR E-MAILS. YOU AGREE THAT SPIDER TECH SUPPORT HAS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE DELETION OR FAILURE TO STORE ANY CALL LOG INFORMATION, VOICEMAILS, FAXES, E- MAILS, MESSAGES, AND/OR OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED BY THE SERVICE.
23. Limitation of Liability. IN NO EVENT SHALL SPIDER TECH SUPPORT, ITS PARENT, SUBSIDIARIES AND AFFILIATES, NOR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, RESELLERS, CONTRACTORS AND LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF SPIDER TECH SUPPORT HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SPIDER TECH SUPPORT. SPIDER TECH SUPPORT’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE LESSER OF (X) THE MONTHLY FEES SPIDER TECH SUPPORT CHARGED YOU DURING THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED, AND (Y) TEN THOUSAND DOLLARS $10,000. THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE TERMINATION, CANCELLATION OR EXPIRATION OF YOUR SERVICE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
24. Indemnification. To the maximum extent permitted by applicable law, You shall indemnify and hold harmless, Spider Tech Support, its parent, subsidiaries and affiliates, and their respective officers, directors, managers, employees, shareholders licensors, vendors, contractors, agents and resellers, (the “Indemnified Parties”) from and against any and all liability, claims, losses (including loss of profits, revenue and goodwill), damages, fines, penalties, injuries to persons or property, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (1) the use of or reliance upon the Service by You or any third party acting upon Your permission, knowledge, authority or direction, (2) a breach by You of these Terms of Service, (3) any negligent acts, omissions to act or willful misconduct by You or any third party acting with Your permission, knowledge, authority or direction, (4) Your inability to use the Service or failure or outage of the Service for any reason, including but not limited to those related to calling “911” or other emergency responders, (5) the use of the Service in connection with Your violation of any applicable law, code, regulation, or ordinance, and/or (6) Your misappropriation, breach, violation, or infringement of any right, title or interest of any third party, including but not limited to, contractual rights, intellectual property rights (including patent, trademark, copyright, and trade secret rights), rights of privacy, and rights of publicity and personality.
25. Dispute Resolution. UNDER THIS CLAUSE YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND ARE AGREEING THAT ALL DISPUTES WILL BE DECIDED BY AN ARBITRATOR, EXCEPT WITH RESPECT TO THE LIMITED EXCEPTIONS SET FORTH BELOW IN THIS DISPUTE RESOLUTION SECTION. You agree that You may only resolve disputes with Spider Tech Support on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You hereby acknowledge that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are hereby waived by You. You agree that regardless of any statute or law to the contrary, any suit brought by You arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after the earlier of: (a) when such claim or cause of action arose; or (b) termination of Service to You, or be forever barred. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any conflict of law principles thereof which might require the application of the law of another jurisdiction. Any controversy or claim arising out of or relating to these Terms of Service or your use of the Service shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association (“Rules”). To begin an arbitration proceeding against Spider Tech Support, You must send a letter (via certified mail) requesting arbitration and describing your claim to us at Spider Tech Support L.L.C. 1436 E Atlantic Blvard, Suit I, Pompano Beach, FL 33060, Attention: Legal Department. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court. One arbitrator shall be chosen in accordance with the Rules. The Parties agree that all arbitration proceedings shall take place exclusively in the State of Florida, Broward County. You agree and submit to personal jurisdiction in Florida. Any award, order or judgment pursuant to such arbitration shall be deemed final and binding and may be enforced in any court of competent jurisdiction. Notwithstanding the obligation to arbitrate and any other provisions to the contrary herein, You and Spider Tech Support agree that: (a) with respect to claims for unpaid invoices Spider Tech Support may take the dispute to small claims court, if such dispute qualifies for hearing by such court; (b) if You fail to timely pay amounts due, Spider Tech Support may send your account to a collection agency and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or these Terms of Service; (c) Spider Tech Support may bring suit in court to enjoin infringement or other misuse of intellectual property rights; and (d) any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in court by Spider Tech Support. If for any reason a claim proceeds in court rather than in arbitration You and Spider Tech Support each waive any right to a jury trial.
26. Force Majeure. Spider Tech Support shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond Spider Tech Support’s reasonable control.
27. Assignment. Spider Tech Support may assign these Terms of Service and any of its rights and obligations hereunder at any time. You may not transfer or assign these Terms of Service or any of Your rights or obligations under these Terms of Service without Spider Tech Support’s prior written consent. Any purported transfer or assignment on Your part in violation of this section is void. Subject to the foregoing, these Terms of Service shall be binding on and inure to the benefit of the parties and their successors and permitted assigns.
28. No waiver of rights; No third party beneficiaries. Failure of either party at any time to require the other party’s performance of any obligation under these Terms of Service shall not affect the right to require performance of such obligation. Any waiver by either party of any breach of any provision hereof shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver or modification of the provision itself, or a waiver of modification of any right under these Terms of Service. The parties agree that there are and will not be any third-party beneficiaries to these Terms of Service.
29. Severability. If any part of these Terms of Service is held invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this Agreement.
30. Publicity Rights. You agree that Spider Tech Support may identify You as a user of the Service in its business deals, press releases, marketing materials, electronic, printed, and broadcast advertising; newsletters, mailings, tradeshows, other promotional materials, on Spider Tech Support’s website, or any other third-party website where Spider Tech Support or its designated agents may promote the Service. You hereby grant Spider Tech Support and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display Your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.
31. Interpretation. These Terms of Service, including the documents incorporated herein, constitute the entire agreement between You and Spider Tech Support with respect to the Service and supersede all prior or contemporaneous understandings regarding such subject matter. Nothing in these Terms of Service shall be deemed or construed to constitute or create employment, partnership, association, joint venture, agency, or fiduciary relationship between the parties hereto. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
32. Miscellaneous. This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Emergency (911) Services Conditions and Limitations
YOUR SAFETY IS OF THE UTMOST IMPORTANCE TO SPIDER TECH SUPPORT. THIS IS WHY THE SERVICE OFFERS AN EMERGENCY CALLING FEATURE THAT PERMITS YOU TO DIAL 9-1-1 TO REACH EMERGENCY PERSONNEL. HOWEVER, THE 911-TYPE SERVICE OFFERED THROUGH THE SERVICE IS FUNDAMENTALLY DIFFERENT IN SEVERAL IMPORTANT WAYS FROM TRADITIONAL WIRELINE AND WIRELESS 911 EMERGENCY ACCESS SERVICES. SPIDER TECH SUPPORT 911-TYPE SERVICE IS NOT A REPLACEMENT TO THE TRADITIONAL LOCAL WIRELINE 911 SERVICES OFFERED OVER THE PUBLIC SWITCHED TELECOMMUNICATIONS NETWORK AND WIRELESS 911 SERVICES IN YOUR LOCAL SERVICE AREA. SPIDER TECH SUPPORT AND ITS THIRD PARTY UNDERLYING PROVIDERS CANNOT GUARANTEE THE RELIABILITY OF THE 911-TYPE DIALING FEATURES OF YOUR SERVICE. FOR HOSTED PBX SERVICES, SPIDER TECH SUPPORT’S LIMITED 911-TYPE SERVICE IS AVAILABLE ONLY ON SPIDER TECH SUPPORT AUTHORIZED HOSTED PBX EQUIPMENT (HEREINAFTER REFERRED TO AS “EQUIPMENT”), AND FOR SIP TRUNKING SERVICES, ONLY ON SUPPORTED SIP DEVICES (HEREINAFTER REFERRED TO AS “DEVICE”). YOU MUST PROPERLY ACTIVATE AND INSTALL YOUR EQUIPMENT/DEVICE AND ENSURE THAT THE INFORMATION YOU PROVIDE TO SPIDER TECH SUPPORT IS ACCURATE. YOU MUST ALSO INFORM ANY OTHER PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE THE SERVICE OF THE CONDITIONS AND LIMITATIONS OF THE SERVICE’S 911-TYPE DIALING AND THE NON-AVAILABILITY OF TRADITIONAL 911 SERVICES FROM YOUR EQUIPMENT/DEVICE AND SERVICE. YOU ACKNOWLEDGE AND UNDERSTAND THAT SPIDER TECH SUPPORT HAS APPRISED YOU OF THE CONDITIONS AND LIMITATIONS OF THE EMERGENCY
(911) SERVICES AS SET FORTH HEREIN. SPIDER TECH SUPPORT STRONGLY RECOMMENDS THAT YOU ALWAYS MAINTAIN AN ALTERNATE MEANS OF REACHING AN EMERGENCY (911) OPERATOR IN CASE OF AN EMERGENCY.
Service Outage, Power Failure or Disruption
Your 911-type dialing will not function in the event of a power failure or disruption in service. Should there be an interruption in power or broadband connection (including wireless broadband connection where applicable) for any reason whatsoever, the Service and 911 dialing will not function unless and until power and service is fully restored. In the event of a power failure you may be required to reset your Equipment, Device, routers, modems and/or switches prior to utilizing the Service or dialing 9-1-1. Service outages or termination of service by your broadband provider and/or ISP or by Spider Tech Support will prevent ALL Service including emergency (911) dialing. You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including emergency (911) dialing.
Use of TDD or TTY Devices
Your emergency 911-type service may not be fully compatible with all types of TDD or TTY devices for the hearing impaired and where such devices are used to make calls, neither Spider Tech Support nor Spider Tech Support’s third party providers hold themselves out as providing or enabling Spider Tech Support to provide emergency services compatible with any TDD/TTY or other hearing impaired devices.
Connecting Your Equipment/Device
The emergency (911)-type service will not function unless you have successfully configured and connected your Equipment or Device and provided accurate and updated information to Spider Tech Support. Even if you properly connect your Equipment or Device and receive a dial tone, there may still be a delay in time when your emergency (911)-type dialing feature is fully activated. You cannot dial emergency (911) services unless and until you have confirmation that your Equipment or Device is operational as described herein, and your billable service has begun.
Failure to Designate the Correct Service Address When Activating 911 Dialing or Moving Your Equipment or Device
Your Service Address is the physical address that you provided during the sign-up process. The Service Address is the physical location from where you intend to use your Equipment or Device. Where the Service Address is visible to the emergency response operator, this is where emergency personnel will be sent to if you cannot communicate your actual physical location if different from your Service Address.
For Hosted PBX service, if you have more than one handset at your Service Address and each handset has a different number, you must make sure that the Service Address corresponds to each number where your handset is physically located. If you move your handset to a location other than your primary Service Address, you may not be able to place emergency calls or your calls could be misrouted to the incorrect emergency operator or incorrect emergency service personnel, or emergency personnel could be dispatched to the wrong address.
For SIP Trunking service, you must make sure to register a unique Phone Number with Spider Tech Support for each handset being utilized with your Device, provide and register with Spider Tech Support the accurate location of the handset, and make sure
that when dialing 911, you send the proper Phone Number provided by Spider Tech Support which has the Service Address of the handset’s registered location. If you send a Phone Number that wasn’t registered for emergency services or with another address other than the service address of the handset placing the call, you may not be able to place emergency calls or your calls could be misrouted to the incorrect emergency operator or incorrect emergency service personnel, or emergency personnel could be dispatched to the wrong address.
Spider Tech Support does NOT recommend that you use the Equipment or Device to dial emergency access services if you move your Equipment or Device away from your registered Service Address.
Changing Your Service Address and Use of Service Outside the United States/Canada
If you want to change your registered Service Address, you must contact Spider Tech Support’s Customer Service at email@example.com to update your address and determine whether emergency (911)-type services are available at the new location. Emergency (911)-type dialing is not available in all service areas. Emergency (911)-type service will NOT function outside of the United States. If Emergency (911)-type service is available at your new Service Address, it may be necessary for Spider Tech Support to assign a new phone number to you.
There is a greater possibility of network congestion and/or reduced speed in the routing of an emergency (911) call made from your Service as compared to traditional 911 dialing over wireline or wireless public telephone networks.
Automated Number Identification
The emergency dispatcher or administrative operator may not be able to identify your phone number when you dial emergency (911) using the Service. Existing emergency response systems are not always technically capable of receiving and/or passing routing information properly. Accordingly, emergency personnel may not be able to identify your phone number in order to call you back if your call is not completed, dropped or disconnected, or if you are unable to speak to tell the emergency dispatcher or operator your phone number and/or if the Service is not operational for any reason. If you enable any call redirection services with your Service such as Call Forwarding or Call Block, emergency personnel may not be able to call you back if your call is disconnected for any reason.
Automated Location Identification (E911)
Emergency personnel will be dispatched to your registered Service Address. This may or may not be the actual physical location of your Equipment or Device if you registered an incorrect or false Service Address or moved the Equipment or PBX Device without updating your registered Service Address with Spider Tech Support. If you dial 911, you must immediately tell the dispatcher your location (or the location of the emergency, if different). You must also not disconnect the line as the dispatcher may need a phone number to use to call you back. If you are unable to speak and describe your location, the emergency dispatcher may not be able to locate you or dispatch emergency personnel to the correct location. You will need to state the nature of the emergency promptly and clearly, including your location. You acknowledge and understand that emergency operators and emergency personnel will not be able to find your location if
the call is not completed, dropped or disconnected, if you are unable to speak to tell them your location and/or if the Service is not operational for any reason.
Security Systems and other Non-voice Communications Equipment
By agreeing to Spider Tech Support’s Conditions and Limitations of Emergency (911) Services, you hereby waive any claim against Spider Tech Support and Spider Tech Support’s third party providers for interference with or disruption of your security systems and any and all other communications or electronic equipment that may occur due to your use of the Services and Equipment or Device.
Local Number Portability
The Conditions and Limitations of Emergency (911) Services apply even if you are porting your number to the Service. If your Equipment or Device is not yet activated as of the Port Effective Date (the date on which your phone service is transferred to the Service), your existing phone service for the number you are transferring will be disconnected and you will have no service for that line. To avoid an interruption in your phone service, it is extremely important that you properly install your Equipment or Device prior to, or on, the Port Effective Date. An estimate of the Port Effective Date will be provided to you by Spider Tech Support via e-mail following your completion of the ordering process.
Limitation of Liability and Indemnification
You acknowledge that the Service’s 911-type dialing is NOT the same as traditional 911 dialing, and does not necessarily include all of the capabilities of traditional 911 dialing. You further acknowledge that the emergency (911) services hereunder may not work under all circumstances and is not as reliable as traditional 911 and E911 dialing.
IN NO EVENT SHALL SPIDER TECH SUPPORT, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR UNDERLYING SERVICE PROVIDERS BE LIABLE FOR ANY COSTS OR DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THE FAILURE OF THE SERVICE’S 911-TYPE DIALING AND/OR INABILITY OF YOU OR ANY USER OF YOUR SERVICE TO BE ABLE TO DIAL 911, TO ACCESS EMERGENCY SERVICE PERSONNEL, TO ACCESS THE CORRECT PUBLIC SERVICE ANSWERING POINT ASSOCIATED WITH YOUR TELEPHONE NUMBER, OR TO CORRECTLY ROUTE AN EMERGENCY CALL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SPIDER TECH SUPPORT, ITS PARENT, AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND UNDERLYING SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE.
By purchasing the Service, you hereby expressly release Spider Tech Support, its parent, subsidiaries and affiliates, and their respective directors, officers, employees,
agents and underlying service providers from any and all liability associated with your use of the 911-type service offered through the Service.
Your sole and exclusive remedies are expressly set forth in the Terms of Service including these Conditions and Limitations of Emergency (911) Services. Some jurisdictions may not permit the exclusion or limitation of implied warranties, and some jurisdictions may not permit the limitations or exclusion of incidental or consequential damages, so certain of the above exclusions may not apply. In such jurisdictions, the liability of Spider Tech Support, its directors, officers, employees, affiliates, agents and underlying service providers shall be limited to the maximum extent permitted by law.
To Receive an RMA for Hosted PBX Equipment
- Contact support at firstname.lastname@example.org to begin the process.
- Provide the following to a support technician: RMA type, product name, serial number and MAC address (if applicable), and a reason for return of the product.
- A Spider Tech Support technician will troubleshoot the problem with the Customer to verify issues.
- An RMA number will be provided to the Customer for the return of the product(s) under warranty. The Customer must then provide a replacement shipping address.
- All replacements will be of like kind or better condition at the discretion of Spider Tech Support.
Returning RMA Products
- All products are to be returned with the original manufacturer’s packaging.
- All original parts and materials (cords, connectors, power supplies, CD’s, books, etc.) must be included.
- The product must be packed properly in a shipping box, with the RMA number visible on the outside.
- Customer is responsible for freight back to Spider Tech Support.
- Product must be returned to Spider Tech Support within 10 business days of receiving an RMA number.
Product should be returned to:
Spider Tech Support LLC
1436 E Atlantic Blvd, Suite I
Pompano Beach, FL 33060
Product (s) returned without an RMA number will be immediately returned to You at Your cost.
Once RMA Product(s) Received
- When the faulty product is received, the Spider Tech Support lab will test to confirm the product is defective.
- If the product is bad, a replacement product will be shipped (default method is ground) to customer.
- If the product is found good, it will be returned (default method is ground) to Customer and shipping will be invoiced to Customer.
- If a shipping method other than ground is requested by Customer, Customer will be responsible for the difference in charges between ground and the requested method.
- After the RMA is facilitated and the faulty product is shipped back to the manufacturer, if it is determined that the reason for product failure is physical damage, misuse, or any other reason that voids and/or is not covered under the warranty; the Customer will be notified and charged the appropriate amount to repair the product to its original condition