Terms of Use

STANDARD TERMS OF USE

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Master Services Agreement

71 Spit Brook Rd, Ste. 310
Nashua , NH, 03060
Phone : 603-897-7300, 888-425-7425 Fax: 603-897-0100
www.prospeed.net

Please read this Master Services Agreement (this "Agreement") carefully before signing since, by signing this Agreement, you consent to all of its terms and conditions. This Agreement is made by and between PROSPEED.NET ("ProSpeed.net, Inc."), a MA Corporation, and Customer (“Customer”). This Agreement is effective upon ProSpeed.net, Inc.’s acceptance as indicated by its signature below on the Effective Date as indicated (the "Effective Date"). The term "Agreement” shall include any and all Exhibits attached hereto and any and all Addendums attached hereto on or before the date of execution by ProSpeed.net, Inc. or later Addendums executed by the parties to this Agreement which reference this Agreement. The parties signing this Agreement represent they have authority to bind their respective employers...

1. Service Agreements

Service Agreements are used for the provisioning of services desired by the Customer. The creation, review and approval of a Service Agreement initiates the obligations by both parties. Service Agreements with a year term or more, require authorized signatures to proceed. Collocation customers will need to provide either a Certificate of Insurance or Waiver of Insurance prior to scheduling installation. This Agreement shall automatically renew, after the fulfillment of the original contractual terms, on a month-to-month basis.

2. Fees and Billing

Customer agrees to pay the Activation Charges, Monthly recurring fees and any other fees indicated herein or in any Addendum to the Service Agreement (collectively, "Service Fees") within thirty (30) days of invoice. The rates and charges for the Service are set forth in the Service Agreement. You agree to pay all fees and charges incurred on your account, including any and all city, state or federal taxes and surcharges, whether imposed on ProSpeed.net, Inc. or directly on you. ProSpeed.net, Inc. reserves the right to change the rates and charges for any renewal term by providing you sixty (60) days written notice in advance of the effective date of change. Billing is invoiced monthly in advance for data and hosted services and arrears for VOIP Services. Billing will commence when the connection from the ProSpeed.net, Inc. network is completed to your equipment and service is initiated. For Voice Services, billing will not be delayed for porting to be completed. Accounts are in default if payment of all amounts due is not received forty five (45) days after date of invoice, and are subject to collection procedures. Accounts unpaid (60) days after date of invoice may have the Service interrupted or terminated. Such interruption of Service does not relieve you of your obligation to pay for the Service. Accounts over 60 days past due are subject to termination and a $100 advance reconnection fee will be collected along with the outstanding balance.In the event ProSpeed.net incurs fees or expenses, including attorney's fees in collecting or attempting to collect any charges owed, the customer will be liable to ProSpeed.net for the payment of all such fees and expenses incurred. If a customer disputes any portion of the statement, Customer must pay the undisputed portion of the statement in full by the Due Date and submit a written claim fully documenting the reasons the remaining amount is disputed. After ProSpeed.net receives the claim, ProSpeed.net will undertake an investigation of the disputed charges. At the conclusion of the investigation, ProSpeed.net will notify the Customer of any amount determined by ProSpeed.net to be correctly charged and such amount will become immediately due. Unless such a claim is submitted in this manner and received by ProSpeed.net in 45 days from the date the statement is issued, Customer waives all rights to dispute such charges, unless otherwise provided by law.

Any account over 60 days past due is subject to a $15.00 late fee charge.

2.1 Termination and Termination Charges

In order for Customer to terminate Service, Customer must provide ProSpeed.net with thirty days advanced written notice. Please use one of the following methods for canceling, e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it , fax: 603-897-0100 or regular mail: 71 Spit Brook Rd., Ste. 310, Nashua, NH 03060. In your cancellation please include name, address where service is located, service(s) to be canceled, cancellation request date and reason for leaving. Please also include updated contact information so we may acknowledge receipt of cancellation and process your final invoice.

Customers with month-to-month contracts must give 30 days notice. If Customer does not give 30 days notice, they are subject to a pro-rated service charge to be remitted upon receipt of Final invoice. Either party may terminate this Agreement at the end of any initial or renewal term by providing the other party with at least thirty (30) days written notice. ProSpeed.net, Inc. may terminate Services for Customer's breach of the Agreement or the AUPs in section 7 of this agreement

If Prospeed.net fails to meet the basic requirements of it's service level agreement, Prospeed.net will terminate service without termination fees under the following conditions; (i) Customer provides to Prospeed.net a statement in reasonable detail identifying the basis upon which Customer makes its election; (ii) Customer is available within a reasonable time for a follow-up interview related to the Service(s), which may include a telephone interview with an executive or other representative of Customer; (iii) Customer cooperates with Prospeed.net to address and resolve promptly any billing issue related to the Service(s) outstanding as of the termination date of the Service(s); and (iv) there is no outstanding obligation of any kind to Prospeed.net by Customer or any Customer affiliate as of the date Service(s) is terminated. Subject to this Appendix, Prospeed.net will cooperate with Customer to transition the Services and any services of third parties to another provider as of the effective date of termination.

Termination of Service does not relieve Customer of any obligation to pay ProSpeed.net for charges due and owing for Services furnished up to the time of termination.

2.2 Activation Charges

The "Activation Charges" are due and payable upon execution of this Agreement by Customer if specified by the Service Agreement. ProSpeed.net, Inc. will not schedule or commence installation, initiation and Service unless and until Prospeed.net has received payment in full of all Activation Charges agreed upon.

2.3 Recurring Service Fees

ProSpeed.net, Inc. will begin billing for recurring Service Fees on the Installation Date herein; If, however, Customer is unable to use the Services commencing on the Installation Date solely as a result of delays caused by ProSpeed.net, Inc. (this does not include delays caused by third party service providers), then the Installation Date herein shall be extended one day for each day of delay caused by ProSpeed.net, Inc.

3. Services Description:

3.1 T1/T1 Bonded/T1 Point-to-Point Internet Connections:

Terms vary from month-to-month, 1-year, 2-year or 3-year.

Packet Delivery Guarantee- The Prospeed.net Network has an average monthly Packet loss of 0.1% (or successful delivery of 99.9% of Packets.) Prospeed.net guarantees a round trip of 60 milliseconds, between router to router. Prospeed.net guarantees a round trip of 60 Milliseconds between Customers Router to Customers Router on Point-to- Point circuits. ProSpeed.net monitors aggregate packet loss within the Prospeed.net network on an ongoing basis and compiles the collected data into a monthly average packet loss measurement for the ProSpeed network. Packet loss is defined as the percentage of packets that are dropped within ProSpeed.net’s network.

After being notified by customer of packet loss in excess of 0.1%, prospeed.net will use commercially reasonable efforts to determine the source of the excess Packet loss and to correct such problem to the extent that the source of the problem is on the ProSpeed.net network.

If ProSpeed.net fails to remedy such excess packet loss within (2) hours of being notified of any packet loss on the prospeed.net network and the average packet loss for the preceding 30 days exceeds 0.1%, Customer will receive, at Customers request, a service credit for the period from the time of notification by the customer until the average Packet Loss of the preceding 30 days is less the 0.1%. Customer may obtain no more then 1 Month service credit for any given month.

Response and Repair Times- In the event of a service outage, excluding a force majeure event, Prospeed.net will respond within thirty minutes after receiving the notification of the outage from either internal network monitoring or customer. After receiving notification of the outage, Prospeed.net shall restore the service on its failed system with in a four hour period.

Service Outage Length Reimbursement- 5 minutes or less: None Between 5 minutes and 1 hour: 2% of monthly recurring revenue of the circuit. Each hour above 1 hour: An additional 5% of the monthly recurring revenue of The circuit, capped at 50% of the monthly recurring revenue for any single service outage and 100% of the monthly recurring revenue for all service outages to that same circuit in any month. ProSpeed.net, Inc. is not responsible for end user delaying repairs of circuit.

3.2 Ethernet Services

Availability objective per month: 99.999%. Bandwidth Guarantee: Prospeed.net guarantees, that full port to port Circuit bandwidth is available for the customers use at all times.

3.3 Voice Over Internet Protocol (VOIP)

Term is month-to-month. First month charges are pro-rated and all applicable state and federal taxes apply. Billing commences on the day when dial tone becomes available and calls can be place and received. Billing will not be delayed waiting for porting to complete. Equipment (ATA) has a 1-year warranty from order date. Replacement ATA will be $100 thereafter. If ordering or porting a toll free number, please indicate the point to number.

3.4 Hosted PBX and ipTrunking Services

3.5 DSL:

Term is month-to-month or 1-year. First month charges are pro-rated and all applicable state and federal taxes apply.

3.6 Collocation Services

Term is month-to-month. Certificate of Insurance or Waiver of Insurance is required prior to scheduling installation. Bursting, 95th percentile explanation On a monthly basis, Customer purchases a minimum amount of committed bandwidth for each Service for the specified term. To account for the instances that Customer's traffic bursts over the minimum committed amount of bandwidth, Prospeed utilizes a billing method referred to as the "95th Percentile Rule" as defined below.

1. ProSpeed shall invoice Customer on a monthly basis in advance for the minimum committed bandwidth at the rate agreed upon. ProSpeed's SNMP bandwidth monitoring will sample (record a data point reflecting how much bandwidth Customer is utilizing at that particular instance) the inbound and outbound for each Service connection every 5 minutes and store those samples for a period of one month.

2. At the end of the month, all the data samples for the inbound and outbound are collected and sorted from highest to lowest individually. The highest 5% of each the inbound and outbound are discarded and the next highest remaining data sample on either the inbound or outbound is the "95th Percentile" number. This number is used as the basis for computation of any additional charges for that particular month of Service over the minimum committed bandwidth. If the 95th Percentile number falls below the monthly minimum committed amount, no additional charges will be assessed.

Example: Customer has committed to 20.0 Mbps per month. Prospeed gathers all data samples for the month of Service and sorts them from highest to lowest discarding the top 5%. For the purpose of this example, the 95th Percentile for the month of Service was 25 Mbps. Prospeed will bill Customer for the additional charges of 5 Mbps. Less the previously invoice 20Mbps of contractually committed bandwidth. The 5 Mbps of "over usage" will be billed at the "burst rate." Further, if the 95th Percentile calculation resulted in a number less than 20Mbps no additional charges would occur for that month.

4. Local and Long Distance Services Description: N/A

5. Dispatch Support

ProSpeed.net will dispatch technical support personnel to the Customer's premise and attempt to resolve all problems with connectivity at the Customers request 24/7. If it is determined by ProSpeed.net that all systems and equipment furnished by ProSpeed.net are functioning properly and that the problem arose from another cause, Customer is responsible for paying ProSpeed.net's labor and materials fees for the dispatch services. ProSpeed.net's labor fees are $100.00 per hour dispatched between 7 a.m. and 7 p.m. weekdays and $150.00 per hour dispatched at all other times.

6. Customer Equipment

ProSpeed.net is not responsible for the operation and maintenance of any equipment, hardware, and/or software Customer provides. Customer is responsible for ensuring that Customer equipment complies with Subpart D of part 68 of the Federal Communications Commission's Rules and Regulations. ProSpeed.net is not responsible for the reception or transmission of signals by Customer equipment or for the quality of, or defects in, such receptions or transmissions.

7. Resale

Customer may not resell the Service unless receiving express written approval from ProSpeed.net, Inc.

8. Acceptable Use Guidelines

Customer shall at all times conform its use of and comply with all state, federal and international laws with respect to its utilization of the service. If ProSpeed.net, Inc. is informed by any governmental authority or other parties of alleged illegal use of ProSpeed.net, Inc. facilities or ProSpeed.net, Inc. otherwise learns of such use or has reason to believe such use may be occurring, then Customer will cooperate in any resulting investigation by ProSpeed.net, Inc. or government authorities. Any government determinations will be binding on Customer. If Customer fails to cooperate with any such investigation or determination, or fails to immediately rectify any illegal use, Customer will be in Breach (defined below) of this Agreement and ProSpeed.net, Inc. may immediately, and without further notice, suspend Customer's Service. Your use of ProSpeed.net, Inc. Network may only be for lawful purposes. Transmission of any material in violation of any law, regulation or ProSpeed.net, Inc. Acceptable use policy is strictly prohibited. You agree to hold harmless ProSpeed.net, Inc. from any claims resulting from your use of the Service or the use of the Service by any of your customers or others throughout your chain of distribution, including end users, which damage you or another party. ProSpeed.net, Inc. may restrict or suspend your rights under the Agreement and Customer's of the ProSpeed.net, Inc. service at any time to the extent ProSpeed.net, Inc. deems it is necessary to protect the ProSpeed.net, Inc. network, including without limitation of ProSpeed.net, Inc. Acceptable Use policy, with notification to you when such restriction or suspension is no longer necessary. Such restriction or suspension may continue through date of termination.

To abide by Prospeed.Net's Acceptable Use Policy (AUP) which can be viewed at www.prospeed.net/aup.htm

9. Insurance

Collocation customers are required to present a Certificate of Insurance or Waiver of Insurance prior to scheduling installation.

10. Limitations of Liability

10.1 Personal Injury.

Each Customer Representative and any other persons visiting ProSpeed.net, Inc. facilities does so at his or her own risk and ProSpeed.net, Inc. shall not be liable for any harm to such persons resulting from any cause other than ProSpeed.net, Inc. gross negligence or willful misconduct resulting in personal injury to such persons during such a visit.

10.2 Damage to Customer Business.

In no event shall ProSpeed.net, Inc. be liable to Customer, any Customer Representative, or any third party for any claims arising out of or related to Customer's business, Customer's customers or clients, Customer Representative's activities at ProSpeed.net, Inc. or otherwise, or for any lost revenue, lost profits, replacement goods, loss of technology, rights or service, incidental, special, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of Service or of any Customer's business, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

10.3 Damage to Customer Equipment.

ProSpeed.net, Inc. shall not be responsible for liability for any damage to, or loss of, any Customer Equipment resulting from any cause other than ProSpeed.net, Inc.' gross negligence or willful misconduct. In no event will ProSpeed.net, Inc. be liable to Customer, any Customer Representative, or any third party for any claims arising out of or related to Customer Equipment of any lost revenue, lost profits, replacement good, loss of technology, rights or services incidental, special, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of any Customer Equipment, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

11. Defense of Third Party Claims and Indemnification.

11.1 Defense.

Customer will defend and hold harmless ProSpeed.net, Inc., its directors, officers, managers, members, employees, agents, affiliates and customers (collectively, the "Covered Entities") from and against any and all claims, actions or demands brought by or against ProSpeed.net, Inc. and/or any of the Covered Entities alleging: (a) with respect to the Customer's business: (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander or violation of the rights of privacy or publicity; or (iii) any other offensive harassing or illegal conduct. (b) any personal injury or property damage to any Customer employee, Customer Representative, any escorted person or other Customer designee arising out of such individual's activities related to the Services, unless such injury or property damage is caused solely by ProSpeed.net, Inc. gross negligence or willful misconduct; or (d) any other damage arising from the Customer Equipment or Customer's business (collectively, the "Covered Claims"). In the event of any claim under this paragraph, ProSpeed.net, Inc. may select its own counsel.

11.2 Indemnification.

Customer hereby agrees to indemnify ProSpeed.net, Inc. and each Covered Entity from and against all damages, costs, and fees awarded in favor of third parties in each Covered Claim, and Customer will indemnify and hold harmless ProSpeed.net, Inc. and each Covered Entity from and against all claims, demand, liabilities, losses, damages, expenses and costs (including reasonable attorney fees) (collectively, "Losses") suffered by ProSpeed.net, Inc. and each Covered Entity which Losses result from or arise out of a Covered Claim.

11.3 Notification.

Customer will provide ProSpeed.net, Inc. with prompt written notice of each Covered Claim of which Customer becomes aware, and, at ProSpeed.net, Inc. sole option, ProSpeed.net, Inc. may elect to participate in the defense and settlement of a Covered Claim, provided that such participation shall not relieve Customer of any of its obligation under this Agreement.

12. Reliance on Disclaimer, Liability Limitations and Indemnification Obligations.

Customer acknowledges that ProSpeed.net, Inc. has set its prices and entered into this Agreement in reliance upon the limitations and exclusions of liability, the disclaimers of warranties and damages and Customer's indemnity obligations set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if this Agreement is found to have failed of their essential purpose.

13. Conditions of Breach.

Breach of this Agreement will occur if either party does not fulfill its obligations under this Agreement and such Breach is not cured within fifteen (15) days of written notice by the other party. Specifically relating to payment of Recurring Service Fees, the Customer will be in Breach of this Agreement if Customer has not paid its invoice within sixty (60) days of the date the invoice is due, with no notice required. Nothing in this Section shall supercede any other provision granting ProSpeed.net, Inc. the right to immediately terminate or suspend Services under certain circumstances.

14. Remedies for Breach.

If Customer is in Breach of this Agreement, ProSpeed.net, Inc. may (a) discontinue all Services to Customer; (b) disconnect Customer from its telecommunications services; or (c) remove Customer Equipment from Colocation Space and place Customer Equipment in storage. If ProSpeed.net, Inc. is in Breach of the Agreement, Customer has the right to withhold recurring Service Fees for the time period from which the Breach occurred to the date that the Breach was cured.

15. Miscellaneous Provisions

15.1 Force Majeure.

Except for the obligation to pay money, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including act of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to correct promptly such failure or delay in performance.

15.2 No Lease.

This Agreement is a services agreement and is not intended to and will not constitute a lease of any real or personal property. In particular, Customer acknowledges and agrees that Customer has not been granted any real property interest in ProSpeed.net, Inc. premises, and Customer has no rights as a tenant or otherwise under any real property or landlord/tenant laws, regulation or ordinances.

15.3 Marketing.

Subject to Customer’s prior written consent and ProSpeed.net Inc.’s compliance with Customer’s brand guidelines (which will be provided upon request), ProSpeed.net, Inc. may refer to Customer by trade name and trademark in ProSpeed.net, Inc. marketing materials and web site. All trademarks, goodwill and related intellectual property rights associated with Customer's trade name and trademarks will inure solely to Customer.

15.4 Government Regulations.

Customer will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction Customer operates or does business.

15.5 Assignment.

Neither party may assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of the other party, except to a party that acquires substantially all of the assigning party's assets or a majority of its stock as part of a corporate merger or acquisition. Any attempted assignment or delegation without such consent will be void. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns.

15.6 Notices.

Any notice or communication required or permitted to be given hereunder may be delivered personally, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party first indicated above, or at such other address as either party may provide to the other by written notice. Such notice will be deemed to have been given as of the date it is delivered, or five (5) days after mailed or sent, whichever is earlier.

15.7 Relationship of Parties.

ProSpeed.net, Inc. and Customer are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between ProSpeed.net, Inc. and Customer. Neither ProSpeed.net, Inc. nor Customer will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein.

15.8 Choice of Law and Arbitration.

This Agreement will be governed by and construed in accordance with the laws of the State of Nevada. Each party agrees to submit any and all disputes concerning this Agreement, if not resolved between the parties, to binding arbitration less than one (1) neutral, independent and impartial arbitrator in accordance with the Commercial Rules of the American Arbitration Association ("AAA"); provided, however, the arbitrator may not vary, modify or disregard any of the provisions contained in this Section. The decision and any award resulting from such arbitration shall be final and binding. The arbitrator is not empowered to award damages in excess of compensatory damages and each party hereby irrevocably waives any right to recover such damages with respect to any dispute resolved by arbitration. Both parties shall equally share the fees of the arbitrator. The arbitrator may award attorney's fees to the prevailing party as determined by the arbitrator.

15.9 Changes Prior to Execution.

Customer represent and warrants that it made no changes to this Agreement prior to providing this Agreement to ProSpeed.net, Inc. for its acceptance and execution, and that ProSpeed.net, Inc. alone incorporated any and all changes negotiated between, and accepted by, Customer and ProSpeed.net, Inc. into this Agreement or into an addendum executed by both parties.

15.10 Entire Agreement.

This Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding, written or oral. This Agreement may be modified only through a written instrument signed by both parties. Both parties represent and warrant that they have full corporate power and authority to execute and deliver this Agreement and to perform their obligations under this Agreement and the person whose signature appears above is duly authorized to enter into this Agreement on behalf of the respective party. Should any terms of this Agreement be declared void or unenforceable by any arbitrator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original terms and the remainder of the Agreement will remain in full force and effect. If a conflict arises between Customer's purchase order terms and this Agreement, this Agreement shall take precedence. In the case of international, federal, state or local provisions to the contrary on the face of this purchase order, attachments to this purchase order, or on the reverse side of this purchase order, this purchase order is being used for administrative purposes only, and this purchase order is placed under the subject solely to the terms and conditions of this Agreement executed between Customer and ProSpeed.net, Inc.

15.11 Warranties.

The liability of ProSpeed.net for damages arising out of the furnishing of Service, or arising out of the failure to furnish Service, shall be limited to the extension of credit allowances or refunds of sums paid under each applicable Service Order. The extension of such credit allowances or refunds shall be sole remedy of Customer and the sole liability of ProSpeed.net. With respect to any ProSpeed.net Service, Customer must indemnify, defend, and hold harmless ProSpeed.net from and against all claims, damages, liabilities, costs, and expenses.

15.12 Amendment.

This Agreement may be modified or amended in writing, if the writing is signed by both parties under this Agreements.

15.13 Notice.

Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address listed on the Service Order.

15.14 Severability.

If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreements is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, constructed, and enforced as so limited.

16. "911" AND SERVICE REQUIREMENTS.

16.1 Limited 911 Services.

ProSpeed.net, Inc. currently offers limited 911 dialing capability with its VoIP voice services. When you dial 911, your call is routed from the ProSpeed.net, Inc. network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the address that you listed at the time of activation. Please note that certain PSAP’s do not accept or answer calls routed to them in the manner described herein. End User must notify ProSpeed.net, Inc. of address change so that End User’s permanent address records can be updated for 911 purposes. If End User moves ProSpeed.net, Inc. VoIP phone to a temporary location, End User address and location will not be automatically known to the 911 operator, if reached. By subscribing to ProSpeed.net, Inc. services, End-User acknowledges that ProSpeed.net, Inc.’s Services do not support traditional 911 emergency dialing at this time. Nevertheless, End-User agrees to notify as appropriate, any of its users of the Services, who may place calls using End-User’s phone. End-User agrees to maintain an alternative means of accessing traditional 911 services such as traditional telephone services or cellular phone services.

16.2 "911" Liability Disclaimer.

Neither ProSpeed.net, Inc. nor its officers, employees nor vendors may be held liable for any claim, damage, or loss, and \you hereby waive any and all such claims or causes of action, arising from or relating to 911 dialing. You agree to indemnify and hold harmless ProSpeed.net, Inc. and its third party ProSpeed.net, Inc.s from any claim or action arising out of the misrouting or incompletion of 911 calls. ProSpeed.net, Inc. and its third party ProSpeed.net, Inc.(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect or 911 calls are not completed.

16.3 Outages due to Electrical, Internet or other General Failures.

End-User acknowledges that the Services, including limited 911 services, will not function in the absence of electrical power, access to the Internet or other general failures associated with the VOIP network. End-User acknowledges that the Services will not function if there is an interruption of End-User’s broadband or high-speed Internet access service.

16.4 Non-Voice Systems.

End-User acknowledges that the Services are not set up to function with out-dialing systems including home security systems, medical monitoring equipment, satellite television systems and some facsimile systems. End-User has no claim against ProSpeed.net, Inc. for interruption or disruption of such systems by the Services.

	I Agree to the above Prospeed Standard Terms of Use.
	I Disagree to the above Prospeed Standard Terms of Use.

Note: If you select 'I Disagree', please be advised that ProSpeed.net cannot provide service to you at this time. An email will be sent to the Sales Team to advise them that you are not in agreement with the Terms of Use.