LineOne™ TERMS & CONDITIONS
These Terms and Conditions constitute the agreement (“Agreement”) between LineOne, LLC (formerly GreenSky.io, LLC) and the user of LineOneTM business services and any related products or services (“Service”).This Agreement governs both the Service and any devices, such as IP phone, Multimedia Terminal Adapter, Paging Interface, Switch, Router or any other IP connection device (“Device” or “Equipment”), used in conjunction with the Service. If you purchase or rent Equipment from LineOneTM, you are a “CUSTOMER” for purposes of this Agreement.
BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.
EMERGENCY SERVICES – 911 DIALING
E911 Dialing Service. Phones installed with LineOneTM Service may NOT be able to contact emergency personnel by dialing 911. Alternatively, a “POTS” line (conventional telephone line) or cell phone can be used to access 911 service. If a “POTS” line is not available on site and a Device is using LineOneTM Service, the caller must give the 911 dispatcher the physical address they need to dispatch; otherwise, the connected call to 911 may produce the physical address where the telephone was originally installed, not the address where the phone is in use. It is the Customer’s responsibility to educate its employees and End Users on these limitations and should place 911 disclaimer stickers on each Device if Customer deems necessary. LineOneTM will not be liable for any damages, expenses, liabilities, risks, or harms arising out of or related to the Service provided through this Equipment.
Registration of Physical Location Required. If the Device is moved to another location, you must notify LineOneTM of the new location. If the Device is not registered with the new address, any 911 calls may be sent to an emergency center near the old location. For 911 dialing purposes, you may only register one location at a time for each extension (or user) on the Service.
Disclaimer of Liability and Indemnification. LineOneTM does not have control over whether, or the way, 911 calls are answered or addressed by local emergency response centers and/or the national emergency calling center. Neither LineOneTM, nor its affiliates, managers, officers or employees may be held liable for any claim, damage, or loss, and you hereby waive all such claims or causes of action, arising from or relating to 911 emergency calling unless such claims or causes of action arose from our gross negligence or recklessness or willful misconduct. Customer shall defend, indemnify, and hold harmless, LineOneTM , its managers, officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney’s fees) by, or on behalf of, Customer or any third party, relating to the absence, failure or outage of the Service, including 911 dialing, incorrectly routed 911 calls, and/or the inability of any user of the Service to be able to call 911 or access emergency service personnel.
Power Failure or Disruption. In the event of a power failure or interruption of power supply, the Service, including 911 dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 dialing.
Internet Outage or Disruption of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or Internet Service Provider (ISP) will prevent all Service, including 911 dialing, from functioning.
Suspension or Termination of LineOneTM Account. Service outages due to suspension or termination of your account will prevent all Service, including 911 dialing, from functioning.
ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. It is the Customer’s responsibility to notify LineOneTM, and we will attempt to work with you and the third party to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 dialing, may not function. Customer acknowledges that LineOneTM is not responsible for the blocking of ports by your ISP or broadband provider, and any loss of service, including 911 dialing, which may result. In the event you lose Service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.
Other Service Outages. If there is a Service outage for any reason, such outage may prevent all Service, including 911 dialing, from functioning. Such outages may occur for various reasons, including, but not limited to, those reasons described in this Agreement.
Term and Automatic Renewal. The Term of this Agreement commences on the date that LineOneTM activates your Service and continues until all Services provided under this Agreement have been permanently discontinued. This Agreement shall be automatically renewed for (1) one year at LineOne’s then current rates and will be renewed annually thereafter, unless terminated by either party with 30 days advance written notice prior to the expiration of the then current term. Upon renewal, the terms and conditions of the then current LineOneTM website posted Agreement (https://line.one/terms-conditions) shall replace and apply to any such renewal term.
Out of Contract Fee. Should Customer provide a 30-day written notice to not automatically renew contract nor sign a new contract, a 10% “Out-of-Contract Fee” will be added to monthly recurring charges until services have been disconnected or a new contract has been signed.
Early Termination Penalties. Should Customer choose to terminate contract prior to expiration date, Customer will be charged a termination fee, remaining monthly charges of the then current Term, any waived installation fees, and difference in charges if LineOneTM provided any discounted Service in “good faith” during current Term. Expiration of the Term or termination of Service will not excuse Customer from paying all accrued and unpaid charges due under this Agreement. Should Customer terminate contract prior to Services beginning and/or before telephone numbers are ported to LineOneTM, Customer will be responsible for a minimum of one (1) month service charge, port cancellation fees, and restocking fees on equipment.
Reduction of Services. Customer is allowed to reduce Services up to 20% of current total or 20% of original contract total whichever is lesser. Reduction of Services can only be requested 2 times per calendar year.
Use of Service and LineOneTM Devices. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service or the Device for any of the aforementioned or similar activities.
Exclusions from Agreement. This agreement covers failure of the system caused by normal wear and tear and does not cover other failures including but not limited to acts of God, repairs or alterations by anyone other than LineOne, theft, accident, misuse in violation of manufacturer's instructions, non-compliance with environmental requirements, abuse, fire, wind, flood, or lightning. You are strongly encouraged to verify that your insurance policy covers your communications equipment against lightning.
VoIP Disclaimer. Call quality and expectations cannot be guaranteed without a full pre- deployment Network Assessment of all locations involved. LineOneTM Service shall be available to Customer from at least two geo-diverse co-location facilities (currently hosted in Dallas, Texas and New York, New York). Up-time of the Service does not guarantee overall quality to the End-User. Customer and/or Customer’s End-User is ultimately responsible for the quality of the last mile Internet connection which is primarily determinative of the quality of service the End-User will experience. Bandwidth per simultaneous call is required for VoIP functionality. LineOneTM recommends 115K (Minimum 29K).
Royalty Rights. LineOneTM provides Music-On-Hold to its customers at no extra charge and owns all royalty rights. Should Customer upload any Music via the LineOneTM portal, Customer MUST notify LineOneTM and provide Royalty Rights of music and/or talent.
Number Transfer on Service Termination. Upon termination of Service, LineOneTM will release Customer’s telephone numbers to new service provider if:
Service Level Agreement. Unless otherwise specified in a contract adendum, LineOne will provide the following up-time commitments.
Core Services: 99.99% - Core services include all mission critical capabilities of the LineOne solution needed to maintain overall call processing, including the ability to route calls from Users to a provider of PSTN termination and the ability to receive calls from a DID origination provider and route them to a User's SIP device, or to a User's voicemail or any other system prompt or action as configured by LineOne.
Supporting Services: 99% - Supporting services includes all non-mission critical capabilities of the LineOne solution including Management Portals, Device Provisioning capabilities, and other back office management systems.
Unlawful or Inappropriate Use. You shall use the Service and the Device only for lawful purposes. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device in any of the aforementioned ways or for an unlawful purpose. In the event of such termination, you will be responsible for the monthly charges to the end of the current Term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution.
Tampering with the Device or Service. You shall not change the electronic serial number or equipment identifier of the Device or perform or attempt to perform a factory reset of the Device without our prior written consent. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose. We reserve the right to terminate your Service if we believe, in our sole and absolute discretion, that you have tampered with the Device. In the event of such termination, you will remain responsible for the full monthly charges to the end of the current Term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable.
Theft of Service. Customer should notify us immediately, in writing or by calling our customer support line, if the Device is stolen or if you become aware at any time that your Service has been hacked, fraudulently used or is otherwise being used in an unauthorized manner. Customer must provide account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in additional charges to you. Until we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all Service usage.
Incompatibility With Other Services
Security Systems. The Service may not be compatible with security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions. Customer is responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
DISCLAIMER OF WARRANTIES. LINEONETM IS NOT THE MANUFACTURER OF EQUIPMENT, AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, OR SPECIFICATIONS. LINEONETM LEASES AND SALES EQUIPMENT “AS IS” AND DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO CUSTOMER OR THIRD PARTIES AS A RESULT OF ANY DEFECTS IN THE EQUIPMENT.