Please read this information carefully
These Terms and Conditions constitute the agreement (the “Agreement”) between SunISP, Inc. (“SunISP”, us or we) and the user (“you,” “your, “user” or “Customer”) of SunISP’s residential and small business Voice over Internet Protocol (‘VoIP’) communications services and any related products or services (“Service”). For purposes of the Agreement, “you” means the customer, defined as either (i) the person identified in SunISP’s account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the Service(s) provided such authority is adequately documented as determined in SunISP’s discretion.
BY ENROLLING IN, USING, OR PAYING FOR THE SUNISP SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY SENDING AN EMAIL TO BILLING@SUN-ISP.COM.
The Agreement governs the Service and any devices, such as the Analog Telephone Adapter or any other IP connection device (“Device” or “Equipment”), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understand, and you agree to, the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.
SunISP may change the Terms and Conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted at www.Sun-isp.com. The Agreement posted supersedes all previously agreed to electronic and written Terms and Conditions.
The rates and charges for the Service are available at www.Sun-isp.com and are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your Services, please visit our website at www.Sun-isp.com (see Rates and Terms & Conditions link), send an email to firstname.lastname@example.org, or call SunISP’s Customer Care Department at the toll-free number listed on the first page of your invoice.
II. SUNISP Emergency Calling Service & E911 Service
After the recent orders by the Federal Communications Commission (“FCC”), SunISP had to enable E911 dialing services for all of its SunISP customers in North America in which the Public Safety Answering Point (or “PSAP”) is equipped to handle E911 calls. SunISP is undertaking this ongoing, nationwide effort through its third-party provider. As the roll out of the E911 initiative progresses, increasing numbers of SunISP customers will have E911 service, where available. We encourage all customers to check their “My Account” section at the SunISP website to find out the progress of E911 capability for their registered location.
For those customers that signed up for SunISP Services before November 28, 2005, SunISP will continue providing the Emergency Calling Service described below unless or until the E911 services are activated. For those customers that sign up for SunISP Services after November 28, 2005, SunISP will confirm availability of E911 capability prior to sign up. Regardless of when a Customer signs up for SunISP Services, if the Services are used in a physical location different than the current location registered with SunISP (the “911 Service Address”), E911 service may or may not be available, and the 911 call will be routed to the wrong location. It is important that such Customers promptly update their location with SunISP in accordance with the instructions in Section II(D) below.
A. Non-Availability of Traditional 911 or E911 Dialing Service:
You acknowledge and understand that unless you have been specifically informed by SunISP that E911 service is available at your 911 Service Address (which can be confirmed on your “My Account” section at the SunISP website, sending an email email@example.com, or by calling SunISP’s Customer Care Department), the Service will NOT support traditional 911 or E911 access to emergency services. In such cases, SunISP offers a limited Emergency Calling Service available only on SunISP Devices as described herein, but you acknowledge and understand that such Emergency Calling Service dialing is different in a number of important ways from traditional 911 services, as described below. SunISP Emergency Calling Service dialing is available only on SunISP-certified Devices or Equipment. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you use the Service (i.e., your 911 Service Address) as to the non-availability of traditional 911 or E911 dialing from your SunISP Service and Device(s). If you activate SunISP Emergency Calling Service dialing, you agree to inform any household residents, guests and other third persons who may be present at the physical location where you use the Service as to the important differences and limitations of SunISP Emergency Calling Service dialing as compared with traditional 911 or E911 dialing, as set forth in this Agreement.
B. Description of Emergency Calling Service-Type Dialing Capabilities – Activation Required
SunISP does offer an Emergency Calling Service that is different in a number of important ways from traditional 911 services or SunISP E911 services. For customers that do not have E911 capability, when you dial 911, your call is routed from the SunISP network to the Public Safety Answering Point (“PSAP”) or local emergency service personnel using the address that you provided to SunISP. You acknowledge and understand that when you dial 911 from your SunISP Equipment you will be routed to the general or administrative telephone number for the PSAP or local emergency service provider, and will not necessarily be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing. Additionally, some PSAPs may from time to time refuse to accept calls from VoIP providers such as SunISP. As described herein, this Emergency Calling Service dialing currently is NOT the same as traditional 911 or E911 dialing, and at this time, does not necessarily include all of the capabilities of traditional 911 dialing.
C. Service Outage:
1. Power Outage
You acknowledge and understand that Emergency Calling Service and E911 Service dialing do not function without power. Should there be an interruption in the power supply, the Service and Emergency Calling Service (or E911 service) dialing will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure Equipment before using the Service, Emergency Calling Service, or E911 service dialing.
2. Broadband Service Outage or Degradation
You acknowledge and understand that service outages or degraded service by your broadband provider will prevent, and that network congestion may slow, ALL Service including Emergency Calling Service and/or E911 service dialing.
3. Other Service Outages
You acknowledge and understand that if there is a Service outage for ANY reason, such outage will prevent ALL Service, including Emergency Calling Service and/or E911 service dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
4. Limitation of Liability and Indemnification
You acknowledge and understand that SunISP’s liability is limited for any Service outage and/or inability to dial Emergency Calling Service or E911 service from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless SunISP, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service relating to the (i) absence, failure or outage of the Service, including Emergency Calling Service or E911 dialing; and/or (ii) inability of Customer or any third person or party or user of Customer’s Service to be able to dial 911 or to access emergency service personnel.
D. Failure to Designate the Correct Physical Address for E911 and/or Emergency Calling Service Dialing
The address that the Customer provides to SunISP is the address that is applied to your Service for either E911 or Emergency Calling Service dialing (also known as your “911 Service Address”). Should you need to change this address, you must change this by sending and email to firstname.lastname@example.org. It may take up to three business days to effectuate a change or update of your 911 Service Address. Failure to provide the current and correct physical address and location of your SunISP Equipment as your 911 Service Address may result in the loss of E911 capability and/or will result in any Emergency Calling Service communication you may make being routed to the wrong local emergency service provider.
E. Changing Your Primary Phone Number
You acknowledge and understand that if you change your primary SunISP phone number you will not be able to change your 911 Service Address for seventy-two (72) hours. During that time, any E911 or Emergency Calling Service calls that you may make will be routed using the 911 Service Address that was in SunISP’s records before you changed your phone number.
F. Change of Physical Location of SunISP Equipment
You acknowledge and understand that E911 and Emergency Calling Service dialing does not function properly or may not function at all if you take your Equipment with you away from the 911 Service Address or physical location that you have registered with SunISP.
G. Requires Re-Activation if You Move
You acknowledge and understand that E911 and Emergency Calling Service dialing will not function properly or at all if you move or change the physical location of your SunISP Equipment to a different street address, unless and until you have successfully changed your 911 Service Address on the “My Account” section at the SunISP website or contacted SunISP Customer Service to correct your 911 Service address. Failure to provide the current and correct physical address and location of your SunISP Equipment may result in the loss of E911 capability and/or will result in any Emergency Calling Service dialing you may make being routed to the incorrect local emergency service provider.
H. Possibility of Network Congestion and/or Reduced Speed for Routing Emergency Calling Service
You acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing of an E911 or Emergency Calling Service communication made using your SunISP Equipment as compared to traditional 911 dialing over traditional public telephone networks. You acknowledge and understand that Emergency Calling Service dialing from your SunISP Equipment will be routed to the general or administrative telephone number for the local emergency service provider, and will not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls at such local provider’s facilities when such calls are routed using traditional 911 dialing. You acknowledge and understand that there is a greater possibility that the general or administrative telephone number for the local emergency service provider will produce a busy signal or will take longer to answer, or not answered at all, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing.
I. Automated Number Identification
For SunISP Service customers without E911 service, it is not possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify your phone number when you dial 911 to access Emergency Calling Service dialing. SunISP’s system is configured in most instances to send the automated number identification information; however, the phone system routes the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and they may not yet be technically capable of doing so. You acknowledge and understand that PSAP and emergency personnel may not be able to identify your phone number to return your call if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
J. Automated Location Identification
For SunISP Service customers without E911 service, it is not possible to transmit identification of the address that you have listed to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you use Emergency Calling Service dialing. You acknowledge and understand that you will need to state the nature of your emergency promptly and clearly, including your location, as PSAP personnel will NOT have this information. You acknowledge and understand that PSAP and emergency personnel will not be able to find your location if the call is unable to be completed, is 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, including without limitation those listed elsewhere in this Agreement.
K. Alternative Emergency Calling Service Arrangements
You acknowledge that SunISP does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional 911 or E911 services.
Service is offered on a monthly basis for a term that begins on the first day of SunISP’s next billing cycle (which begin on the 19th days of the month) after SunISP activates your account (the “Activation Date”) and ends on the last day of your billing cycle (which ends on either the last, 9th or 24th day of the month). The Activation Date will begin three days after you sign-up for the Service. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give SunISP notice of non-renewal at least ten  days before the end of the monthly term in which the notice is given. All notices must be given by calling SunISP’s Customer Care Department at the toll-free number listed on the first page of your invoice. You are purchasing the Service for full monthly terms, meaning that if you terminate Service before the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including without limitation unbilled charges, plus any applicable disconnect fee (as described below), all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
B. Disconnect Fee
If Business Service cancels the Service for any reason or for convenience within twelve (12) months of the Activation Date, Customer will be charged a disconnect fee of $39.95 per account (the “Disconnect Fee”). The Disconnect Fee becomes due and payable immediately and will be billed directly to Customer’s credit card. If Customer has multiple accounts, Customer will be charged the Disconnect Fee of $39.95 per account for each account cancelled. A Disconnect Fee shall not be charged to customers who purchase SunISP approved Equipment from a retailer. Cancellations will only be accepted by email at for that date email@example.com, SunISP is not able to schedule cancellations for a future date.
C. Money Back Guarantee
SunISP offers a 30-day money-back guarantee, applicable to one primary line per account, not additional or secondary lines. Under terms of the Money Back Guarantee, SunISP refunds the first month of Service and waives the Disconnect Fee. SunISP reserves the right to terminate or revoke the Money Back Guarantee at any time, without prior notice.
To qualify for the Money Back Guarantee, Customer must cancel Service through SunISP’s firstname.lastname@example.org within thirty (30) days of the Activation Date. Cancellations will be effective on the date that you contact SunISP; SunISP is not able to schedule cancellation for a future date. Equipment must be returned to SunISP and postmarked within fourteen (14) days thereafter. Usage must not exceed 500 minutes within the first thirty (30) days of Service. Customer is responsible for any charges for overage, international traffic outside of the plan or directory assistance. Cancellation may take up to two (2) business days. Any usage after contacting SunISP is Customer’s responsibility. Accounts exceeding 500 minutes of usage are not eligible for refund. Customer may not port away a new phone number (or “DID”) if Customer cancels within thirty (30) days.
All returned Equipment must be in the original packaging with the UPC or bar code intact, and postmarked within fourteen (14) days of cancellation. All components, manuals and registration card(s) must be included and equipment must be in good condition, as determined by SunISP. Equipment must be returned with a valid return authorization number obtained from the SunISP Customer Care Department. Customer is responsible for return shipping of Equipment. The Money Back Guarantee will not be honored if Customer fails to meet all requirements presented above. Customers who purchase SunISP approved Equipment from a retailer will not be charged an activation fee or Disconnect Fee. Customers who purchase SunISP approved Equipment from a retailer should not return said Equipment to SunISP when canceling Service and shall receive the Money Back Guarantee, upon meeting all other terms listed above.
D. The SunISP Referral Program.
The SunISP Referral program is intended for use by SunISP Service customers to introduce their family and friends to the SunISP Service. By referring individuals or small businesses and/or accepting the Referral Credit(s) described below, you agree to the following conditions. After the person or business you refer subscribes to the Service and enters your correct e-mail information either at sign up or no later than three days (72 hours) after sign up by contacting SunISP at email@example.com, both you and the person or entity you referred will receive a credit of twenty-five dollars ($25) (“Referral Credit”) on the next SunISP invoice. This offer applies only when the person or entity referred is a new SunISP customer (i.e., has never been a business or residential customer of SunISP) and may not be used in conjunction with any other offer or promotion, excluding the one (1) month free promotion currently on all calling plans. To qualify for the Referral Credits, both you and the person or entity you referred must (1) be customers in good standing; and (2) retain the Service for at least ninety-one (91) days after the referral’s Activation Date. If, within ninety-one (91) days of the referral’s Activation Date, either party cancels the Service, or if SunISP terminates either party’s Service under Section VI(B) below, this will result in the forfeiture of the Referral Credit described herein by both parties. Any unused portion of a Referral Credit will be applied to the following month’s invoice, provided, however, that if either party’s SunISP Services are cancelled or terminated at any time after the 91-day period described above, then any unused portion of the Referral Credit will be forfeited. SunISP Agents or subagents, SunISP affiliates, SunISP employees, employees at the call center supporting SunISP and employees of Primus Telecommunications, Inc. are not eligible for Referral Credits.
E. Residential Use of Service and Device
If you have subscribed to SunISP’s residential Services, the Service and Device are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, telecommuting, telemarketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from SunISP in advance. You may not tamper with Device or use the Service for multi-line configurations or use it to keep a line open without speaking for extended periods. SunISP reserves the right to immediately terminate or modify the Service, if SunISP determines, in its sole discretion, that Customer’s Service is being used for non-residential or commercial use or the usage patterns are or were inconsistent with normal residential usage patterns which means using more than six times the average monthly usage of a SunISP residential customer, which product currently is approximately 2000 minutes per month. Additionally, you agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose or in a manner inconsistent with normal residential usage patterns will obligate you to pay SunISP’s higher rates for commercial Service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. SunISP will enforce the restrictions presented in this paragraph to ensure that SunISP can manage its network in an efficient manner, meet reasonable Service expectations, and furnish Service to existing and future customers based on forecasted customer requirements.
F. Business Use of Service and Device
If you have subscribed to SunISP’s Business Plan, the Service and Device are provided to you as a small business user. This means that you are not to resell or transfer the Service or Device to any other person for any purpose. You agree that the SunISP Business Plan does not confer the right to use the Service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax or voicemail broadcasting or fax or voicemail blasting. You may not tamper with Device or use the Service for multi-line configurations. SunISP reserves the right to immediately terminate, modify or upgrade the Service, if SunISP determines, in its sole discretion, that Customer’s Service has been, or is being, used for any of these activities or similar activities. If you have a residential plan and are using the Services for business purposes SunISP reserves the right to cancel your Service and you are obligated to pay SunISP’s higher rates for commercial Service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. SunISP will enforce the restrictions presented in this paragraph to ensure that SunISP can manage its network in an efficient manner, meet reasonable Service expectations, and furnish Service to existing and future customers based on forecasted customer requirements.
G. Notice of Rate Changes
SunISP may change the prices and charges for the Services from time to time and such changes will be effective immediately. Changes t rates, charges, or terms or conditions in the Agreement will be published at www.Sun-isp.com and will be incorporated by reference into this Agreement.
H. Rounding Policy
For billing purposes, the length of each metered call is rounded as described in each Calling Plan. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent.
I. Calls to International Mobile Telephones; International Special Services Calls
SunISP’s advertised rates for international calls are generally the rates charged for calls to landline telephones. Some calls to international mobile telephones, or to international telephone numbers considered to be special services calls, are charged a different (usually higher) rate than calls to landline telephones. The rates you will be charged are set forth in the calling plan rate tables and are typically designated by a “MOB”, “cellular”, “mobile” or “M” notation.
J. Timing of Calls
Generally, timing of metered calls begins when the called party or an automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call. However, some foreign carriers (with whom SunISP must interconnect in order to terminate calls to foreign countries) designate a call as “answered” when the called party’s line rings or after a certain number of rings, and will charge SunISP for a completed call. In these situations, SunISP will charge for the call as if it were answered by the called party.
K. Use of Service and Device by Customers Outside the United States
SunISP does not presently offer or support the Service to customers located in other countries. If you remove the Device to a country other than the United States and use the Service from there, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you. SunISP reserves the right to cancel or suspend the Service if it is determined that the Service is being used outside the United States.
L. Loss of Service Due to Power Failure
The Service does not function without power. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require you to reset or reconfigure Equipment before using the Service. Power disruptions or failures will also prevent dialing to emergency service numbers including the Emergency Calling Service calling feature.
M. Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on SunISP website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of SunISP are and shall remain the exclusive property of SunISP and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that SunISP will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by SunISP, which SunISP reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless SunISP against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
N. Tampering with the Device
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from SunISP. SunISP reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus any applicable Disconnect Fee, all of which immediately become due and payable.
O. Theft of Service
You agree to notify SunISP immediately, in writing or by calling the SunISP customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as SunISP receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
P. Number Transfer on Service Termination
Upon termination of the Service, SunISP may, at its sole discretion, release a telephone numb