Clarity reserves the right to make changes to this Terms and Conditions from time to time at its sole discretion. Customer is solely responsible for complying with the terms of any such modified Terms and Conditions. The current version of the Terms and Conditions can be found at http://www.clarityvoice.com/terms.php.
Clarity communicates with customers primarily via email. You agree that sending a message to your contact email address is our agreed upon means of providing notification. Your email account is used to communicate vital information about your services, billing, service outages, and enhancements or changes to your existing services. This information is time-sensitive in nature. It is required that you read any email sent to your account to avoid any potential interruptions in your service.
Customer may contact Clarity by email at support@clarityvoice.com, by
telephone at (866) 357-9120, and by U.S. Postal mail at:
27600 Northwestern Highway
Suite 205
Southfield, MI 48034
If equipment is provided as part of a monthly service plan, that equipment remains the property of Clarity, it.s successors or assignees. Upon termination of the monthly service plan, equipment must be returned in good working order to Clarity, it.s successors or assignees upon demand. Return of equipment does not lessen or eliminate applicable Early Termination Fees (ETF) as outlined in the Customer Agreement for Service or Fee Schedule.
Manufacturers warranty applied to all purchased equipment. Equipment may be returned within 30 days from purchase if in new condition and accompanied by all original accessories and packaging. Returned equipment is subject to 25% restocking charge.
VoIP Service. Clarity's target is to provide 99.99% VoIP Service availability each calendar month.
Customer has a 90 day "Try with Confidence" period to discontinue VoIP service for any reason by giving Clarity notice within the period subject to Clarity's Termination Policy.
After 90 days;
If customer has a Clarity T1 broadband service and Customer notifies Clarity by telephone call to technical support or an email to support@clarityvoice.com that Customer has experienced one or more VoIP service interruptions due to Clarity's equipment or facilities that make voice calling unusable for more than 60 cumulative minutes during a twenty-four (24) hour period, then, if verified by Clarity and at Customer's written request, Clarity will apply a credit on Customer's bill equal to 3% of Customer's monthly VoIP Service charge for the affected VoIP Service.
If Customer has a Clarity SDSL broadband service and Customer notifies Clarity by telephone call to technical support or an email to support@clarityvoice.com that Customer has experienced one or more VoIP service interruptions due to Clarity's equipment or facilities that make voice calling unusable for more than 180 cumulative minutes during a twenty-four (24) hour period, then, if verified by Clarity and at Customer's written request, Clarity will apply a credit on Customer's bill equal to 3% of Customer's monthly VoIP Service charge for the affected VoIP Service.
Clarity VoIP service over Clarity ADSL or any Customer provided broadband service is provided best effort and no remedy is given for service outages.
These credits will not be available for (a) interruptions of VoIP service during Clarity's schedule maintenance windows, (b) problems with, or maintenance on, equipment or broadband access provided by anyone other than Clarity (including changes to or reconfiguration of Customer's CPE not authorized by Clarity), or (c) Force Majeure events.
Clarity T1 and Bonded T1 service has an uptime target of 99.99% each calendar month. If Clarity fails to meet the uptime target for a particular month, Customer may request a credit for 3% of Customer's monthly charge for each hour of service outage in excess of the availability target. An outage is defined if no traffic can be exchanged on the line, or Clarity cannot ping your router.
Clarity T1 and Bonded T1 service has a target response time for initiating service restoration of 2.5 hours after phone notification to Clarity and a maximum 4 hour response time target. If Clarity fails to meet the maximum response target, Customer may request a credit for 10% of Customer's monthly recurring charge of the broadband circuit.
Clarity T1 and Bonded T1 service has guaranteed 100% throughput of the contracted speed as measured from the customer router to Clarity's Point of Presence (POP). If Customer's circuit is functioning below the guaranteed speed for 60 consecutive days as documented through Clarity tests and Customer support calls, Customer may disconnect service without early termination penalties.
Clarity T1 and Bonded T1 service has a target average latency of 18ms and maximum average latency of 110 milliseconds from your router to Clarity's Point of Presence (POP). If Customer's average latency on a Clarity provided T1 or Bonded T1 exceeds the maximum in a calendar month, Customer may request a credit equal to one day's worth of service.
Clarity T1 and bonded T1 service has an average packet delivery target of 99.8% from your router to a test point on the Clarity network. Customer may request a credit equal to one day's worth of service for each hour that Customer's packet delivery rate is below the minimum with a maximum 3 days' worth of credit in a calendar month.
Measurements for latency and packet delivery for all Services are from points designated by Clarity.
Clarity SDSL service has an uptime target of 99.9% each calendar month. If Clarity fails to meet the uptime target for a particular month, Customer may request a credit for 3% of Customer's monthly charge for each hour of service outage in excess of the availability target. An outage is defined if no traffic can be exchanged on the line, or Clarity cannot ping your router.
Clarity SDSL service has a maximum response time for initiating service restoration of 24 hours after phone notification to Clarity. If Clarity fails to meet the maximum response target, Customer may request a credit for 10% of Customer's monthly recurring charge of the broadband circuit.
Clarity SDSL service has guaranteed 80% throughput of the contracted speed as measured from the customer router to Clarity's Point of Presence (POP). If Customer's circuit is functioning below the guaranteed speed for 60 consecutive days as documented through Clarity tests and Customer support calls, Customer may disconnect service without early termination penalties.
Clarity SDSL service has maximum average latency of 110 milliseconds from your router to Clarity's Point of Presence (POP). If Customer's average latency on a Clarity provided T1 or Bonded T1 exceeds the maximum average in a calendar month, Customer may request a credit equal to one day's worth of service.
Clarity SDSL service has an average packet delivery target of 99% from your router to a test point on the Clarity network. Customer may request a credit equal to one day's worth of service for each hour that Customer's packet delivery rate is below the minimum with a maximum 3 days' worth of credit in a calendar month.
Measurements for latency and packet delivery for all Services are from points designated by Clarity.
Clarity reserves the right from time to time to change, modify and cancel any and all parts of Service Level Assurance without notice to Customer.
It is Customer's responsibility to notify Clarity of cancellation via telephone, postal mail or email at support@clarityvoice.com. The return of hardware, completion of service term or cessation of payment does not constitute notification of cancellation.
Customer may within 90 days following Activation, terminate VoIP Service without Early Termination Fees. Equipment may be returned within 30 days if in new condition, subject to a 25% restocking fee.
Cancellations within 72 hours of order placement will not be subject to charge or penalty. Cancellations requested before the Activation Date and after 72 hours from initial order placement may be subject to a Processing Charge. There are no associated penalties for orders cancelled by Clarity or its vendors due to technical limitations.
Customer may cancel Service(s) within applicable "Try with Confidence" periods by notifying Clarity by telephone of intent to terminate Service(s) without Early Termination Fees. Customer remains liable to pay any outstanding monthly service, overage, installation, missed appointment, no access, internal wiring, equipment, consulting or promotional fees and charges.
Termination of Services after "Try with Confidence" periods and prior to end of Customer's Initial Service Term or Extended Service Term will be subject to applicable Early Termination Fees as outlined in Clarity's Fee Schedule.
Termination of Service(s) under a Service Level Assurance provision will not be subject to Early Termination Fees however, Customer remains liable to pay any outstanding monthly service, overage, installation, missed appointment, no access, internal wiring, equipment, consulting or promotional fees and charges.
Moving broadband Service location for T1, Bonded T1 and SDSL circuits within Customer's Initial Agreement Term or Extended Agreement Term will be charged the applicable Location Change Charge in the Fee Schedule provided, (a) the same Clarity Service is available at the new location, and (b) no more than 30 consecutive days pass between termination of the circuit at the Customer's original location and Activation of the circuit at Customer's new location.
Dedicated line ADSL circuits do not have a service location move provision and standard Early Termination Fees apply.
Customer may move VoIP Service locations without fees or termination of agreement and associated Early Termination Fees.
Services. Subject to the terms and conditions, Clarity shall provide the Services purchased by Customer. Customer shall use the Services in accordance with all applicable law. Customer may not resell the Services. Clarity and its supplies may, from time to time and without liability, interrupt Services for maintenance and other operational reasons, and Customer shall not receive any compensation of such interruption unless specified in the Service Level Assurance. Clarity reserves the sole and exclusive right to determine or revise its service area, and the right to discontinue any Service or Product without liability. Customer shall indemnify and hold Clarity harmless (including attorneys' fees and expenses) from all third party claims, suits, demands and other actions related to Customer's use of the Services.
Fees and Payments. Customer shall pay for all Services and Products that Clarity furnishes to Customer at the applicable prices set forth in this agreement or the Fee Schedule for products and services not specified in this agreement. Clarity will bill on the first calendar day of each month, in advance for recurring charges and in arrears for usage and any other non-recurring charges, except that the first billing statement will include the first billing period's pro-rated recurring charges in arrears. Payment is due within 10 days of the invoice date ("Due Date"). Any amount not paid by the first of the next month is overdue and may incur a late payment fee of up to 1.5% per month or the maximum permitted under applicable law (whichever is lower), until Customer pays the balance in full. Customer may dispute any or all of an invoice if Customer provides written notice to Clarity within thirty (30) days from the date of an invoice. If Customer has not paid the undisputed portion of an invoice by the Due Date and Clarity has provided Customer with at least fifteen (15) days notice of such overdue amounts (a "Payment Default") Clarity may take any combination of the following actions: (i) debit Customer's credit card or bank account for the overdue amounts; (ii) suspend the unpaid Service(s); (iii) require a cash deposit; and/or (iv) terminate Service(s) for breach. If Clarity terminates Customer Service(s) for failure to pay, Customer will, in addition to amounts owned Clarity, be responsible for all Early Termination Fees. Clarity may charge a $25.00 processing fee on all returned checks. Customer will be responsible to Clarity for any expenses (including attorneys' fees and court costs) that Clarity incurs to collect overdue charges.
Taxes. The Services and associated equipment are generally subject to a combination of federal, state and local taxes or surcharges. Taxes will be applied to all Customer transactions unless Customer has provide Clarity with a properly completed and timely received exemption certificate for each state and tax type which Customer claims non-taxable status. Customer shall indemnify and hold Clarity harmless (including attorneys' fees and expenses) from all third party claims, suits, demands, judgments and other actions related to Clarity's reliance on Customer's exemption certificate(s).
Acceptable VoIP Use. Clarity reserves the right to terminate this Agreement or charge Customer pursuant to its measured plan service upon thirty (30) days written notice in the event that Customer has purchased a fixed rate plan and Clarity determines (in its reasonable discretion) that Customer is using a predictive dialer application, operating an inbound or outbound telemarketing call center or usage inconsistent with Clarity's expected utilization.
Monitoring. Clarity and its suppliers have no obligation to monitor the Services, but may do so and disclose information regarding use of the Services if Clarity or its supplies, in their sole discretion, believes it is commercially reasonable to do so, including to: (i) satisfy laws, regulations, or governmental or legal requests; (ii) operate the Services properly; or (iii) protect itself and its other users and customers. Clarity may immediately remove Customer's material or information from Clarity's services, in whole or in part, if Clarity, in its sole and absolute discretion, determines that such content infringes another party's property rights, is illegal or if Clarity determines such content violates Acceptable Use.
Choice of Law and Binding Arbitration. This Agreement shall be deemed to have been made in, and shall be construed pursuant to the law of the State of Michigan and the United States without regard to conflicts of laws provisions thereof. Any waivers or amendments shall be effective only if made in writing. Binding arbitration shall be the sole and exclusive remedy for resolution of Disputes between the parties. Such Dispute shall be submitted for arbitration in Southfield, Michigan under the rules of the American Arbitration Association ("AAA"). The arbitrator's decision will be final and entered into any court of competent jurisdiction. The prevailing party will be entitled to recover its attorney's fees and costs in connection with such arbitration. Should either party bring a Dispute in a forum other than AAA, the arbitrator may award the other party its reasonable costs and expenses, including attonreys' fees, incurred in staying or dismissing such proceedings or in otherwise enforcing compliance with this Dispute resolution provision. Customer understands that Customer would have had a right to litigate Disputes through a court, and the Customer has expressly and knowingly waived that right and agreed to resolve any Disputes through binding arbitration. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this section, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof. "Clarity" includes its affiliates, directors, officers, employees, beneficiaries, agents or assign; the term "Customer" means you, the original account holder, its agents, employees, directors, officers, beneficiaries, or heirs.
Force Majeure. Neither party shall be responsible for any failure to perform due to unforeseen circumstances or to causes beyond such party's reasonable control, including but not limited to acts of God, changes in governmental laws, rules, regulations or orders, war, terrorist acts, insurrection, riot, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor or materials. Customer acknowledges that certain of Clarity's supplies establish the prices charged to Clarity based on governmental laws, rules, regulations, orders and decisions. If any of the prices charged to Clarity by any of its supplies increase as a result of changes to governmental rules, laws or regulations or pursuant to new decisions or orders issued by applicable regulatory bodies, Clarity reserves the right to increase the price charged to Customer and/or change the Terms and Conditions hereunder, effective thirty (30) days following notice to Customer. If Customer does not agree to accept the new pricing and/or revised terms, Customer may terminate the affected Services without penalty within thirty (30) days of the date of such notice. Any continued use of the Services thirty (30) days after the notice date shall be deemed acceptance of the new prices and/or terms.
Disclaimers. THE SERVICES AND PRODUCTS ARE PROVIED ON AN "AS IS" BASIS, AND CUSTOMER'S USED THEREOF IS AT ITS OWN RISK. CLARITY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS OF A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CLARITY DOES NOT WARRANT THAT THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY SERVICE RELATED CLAIM WILL BE AS SET FORM IN CLARITYS SERVICE LEVEL ASSURANCES (SLA), WHICH ARE CONTAINED HEREIN.
Acceptable Use describes actions by Customer that are prohibited by Clarity. "Customer" means any user of the Internet related services ("Services") that are provided by Clarity pursuant to the Customer Agreement (which Customer must accept as a condition to receiving any Services from Clarity). Clarity may in its sole discretion determine whether a User is in violation of this Policy. As specified below, Clarity believes that illegal usage, abusive usage and/or use of the Services to interfere with other Customer' enjoyment of the Services is unacceptable. In the event that you believe that you have been a victim of abusive or illegal usage of the Services, please contact abuse@clarityvoice.com.
Illegal Use Prohibited. The Services may only be used for lawful purposes and may not be used for any illegal use or any use that may result in civil or criminal liability. Unlawful uses include, without limitation, effecting or participating in any of the following activities via the Services provided by Clarity:
(i) storing, posting or transmitting unlawful materials, e-mail or information;
(ii) storing, posting or transmitting harassing, threatening or abusive materials, e-mail or information;
(iii) storing, posting or transmitting defamatory, libelous, slanderous or scandalous materials, email or information;
(iv) storing, posting or transmitting obscene, pornographic, profane or otherwise objectionable information of any kind;
(v) storing, posting or transmitting materials, e-mail or information that would constitute an infringement upon the patents, copyrights, trademarks, trade secrets or other intellectual property rights of others;
(vi) storing, posting or transmitting materials constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
(vii) storing, posting or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act;
(viii) storing, collecting, posting or transmitting credit card, debit card, electronic funds transfer numbers or other similar types of data for either a fraudulent or illegal purpose, or in a manner that would permit others to use such data for a fraudulent or illegal purpose; and
(ix) collecting, without adequate security and a legitimate purpose (as determined by Clarity), any of the following: (a) information from Customer under the age of sixteen (16) without consent from such Customer' parents or legal guardians; (b) User's personal health information or personal financial information without informed consent from such User; or (c) other personal information without the advising the User.
Abusive Use Prohibited. The Services may not be used for abusive purposes, as determined by Clarity. Abusive purposes include, without limitation, effecting or participating in any of the following activities via the Services provided by Clarity:
(i) posting five (5) or more messages similar in content to Usenet or other newsgroups, listservers, forums, e-mail mailing lists or other similar groups or lists;
(ii) posting to any Usenet or other newsgroups, listservs, forums, e-mailing lists or other similar groups or lists articles which are off-topic according to the charter or other owner-published FAQ's, rules, or policies or descriptions of the group or list;
(iii) sending unsolicited e-mailings (including, without limitation, commercial advertising and informational announcements) to more than five (5) e-mail addresses within a forty-eight (48) hour period, if such unsolicited e-mailings could reasonably be expected to or do in fact provoke complaints;
(iv) falsifying User information provided to Clarity or to other Customer of the Services; and
(v) engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through an account provided by Clarity, re-mailer, or otherwise through the Services or using an account provided by Clarity as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversely affect the provider of Services or its supplier.
(vi) operating a server in connection with the Services in an "open relay" configuration (a configuration whereby a mail server processes email messages where neither the sender nor the recipient is a local user). Servers configured in this manner expose both Clarity's network and the User's personal account to fraudulent and abusive use by third parties. User hereby acknowledges and agrees that it will not operate servers with in an open relay configuration. If a User requires assistance in determining the configuration of the User's server and/or instructions to secure a server the User may contact: support@clarityvoice.com.
(vii) reselling or transferring Service to another party without prior written consent from Clarity.
Customer is solely responsible for any violations of local laws and regulations resulting from the use of Service outside the United States and Canada. Clarity reserves the right to disconnect Service immediately if we determine, in our sole and absolute discretion, that Customer has used Service outside the United States or Canada.
Interfering With Other Customer Prohibited. No User shall interfere with any other person's use of the Services or the Internet by effecting or participating in any of the following activities via the Services provided by Clarity:
(i) restricting or inhibiting any other User or any other person from using and enjoying Services and/or the Internet;
(ii) posting or transmitting any information or software that contains a virus worm, cancelbot or other harmful component;
(iii) without permission from the owner of a system or network, doing any of the following: (a) accessing the system or network, (b) monitoring data or traffic, (c) probing, scanning, testing firewalls, (d) testing the vulnerability of a system or network or (e) breaching the security or authentication routines of a system or network;
(iv) conducting or forwarding surveys, contests, pyramid schemes, charity requests or chain letters;
(v) relaying e-mail in an anonymous fashion or forging any TCP-IP packet header; or
(vi) mailbombing, flooding, overloading, attacking or otherwise interfering with a system or network.
Remedies. Violation of this Policy may result in civil or criminal liability, and Clarity may, in addition to any remedy that it may have at law or in equity, terminate permission for the User to use the Services and charge User any applicable cancellation or termination fee. In addition, Clarity may investigate incidents that are contrary to this Policy and provide requested information to third parties who have provided notice to Clarity stating that they have been harmed by a User's failure to abide by this Policy or the policies listed above. Clarity's failure to enforce this policy in every instance in which it might have application does not amount to a waiver of Clarity's rights.