Your Acceptance of Products and Service Terms,
Conditions and Price Lists

Your use of, payment for or enrollment in our products or services implies and constitutes your agreement and acceptance of this accord. If you do not want or agree with Choice One Telecom’s price rates or conditions and terms, do not fill out any forms to switch your service or buy our products on Our Website and do not use our products or services. If, for any reason you want to cancel our products or services contact us as soon as possible for service or product canceling instructions. Choice One Telecom’s products and services are subject to any and all requirements in accordance with applicable law and final regulatory commission review.

Right to Change Products and Service Price Rates,
Conditions and Terms

Choice One Telecom reserves the right to alter the products and service conditions and terms and/or price rates at any time. Choice One Telecom may notify you before any material changes to either the products and service conditions and terms or the prices applicable to the products and services you purchased from Choice One Telecom, as provided for in this agreement.

YOUR CONTINUED USE OF OUR PRODUCTS AND SERVICES CONSTITUTES YOUR ACCEPTANCE OF OUR PRODUCTS AND SERVICE CONDITIONS AND TERMS AND THE PRICE RATES EFFECTIVE AT THE TIME YOU USE OUR SERVICES. ACCEPTANCE OF THIS PARTICULAR AGREEMENT CONSTITUTES YOUR CONSENT IN REGARD TO CHOICE ONE TELECOM’S USE OF ELECTRONIC RECORDS. 

Criteria for Obtaining Service  

In addition to initially acknowledging your acceptance of this agreement electronically where indicated, before Choice One Telecom provides you with products or services, Choice One Telecom may require you to: (a) sign documents authorizing changes to your present local telephone service provider; and/or (b) substantiate in writing that (i) you have the authority to order products and services at all the premises you are requesting products and services for, and that (ii) you assume pecuniary responsibility for products and services to those premises. Choice One Telecom may also require credit to be established as set forth below.

Creditworthiness and Release of Credit History

Before providing you with any products or services, Choice One Telecom may require credit to be established by you. We may perform a credit check by contacting applicable credit reporting agencies. You hereby authorize Choice One Telecom to request any and all information that Choice One Telecom deems reasonably necessary in the assessment of your credit history. You hereby agree that any such investigation is not nor does it constitute a credit extension, and that Choice One Telecom may alter the conditions and/or terms of the products and services it provides to you based on results found in said credit investigation.

Security Deposit and Unused Prepayment Balance

If your credit history becomes, or is, unacceptable, Choice One Telecom, may at any time, call for you to provide Choice One Telecom with a security deposit in order to continue services and/or products.

Alternatively, Choice One Telecom may (a) require an equivalent prepayment of the recurring monthly charges (including applicable taxes and surcharges) for one month, plus an estimated two months' toll service billed or provided by Choice One Telecom; or (b) require a guarantor; or (c) demand such other security as Choice One Telecom deems obligatory, in accordance with applicable law. Upon termination of services and/or products, Choice One Telecom may apply any unused portion of such deposit or any prepayment amounts to any outstanding payments; any remaining amounts will be refunded to you.

Acceptance for Orders is at Choice One Telecom’s Sole Discretion

Except as otherwise required by law, Choice One Telecom may reject or accept your order for products or services at its sole discretion. Unless Choice One Telecom advises otherwise at the time your order is placed for products and services, Choice One Telecom will activate your products and/or services as quickly as commercially reasonable after your order is received. Choice One Telecom's liability for any delay of activation is limited as set forth in this agreement.                  

Billing, Charges and Payment Rates 

Beginning on the date the products and services are first available, the products and services are billed to you on a 30-day monthly billing cycle. Choice One Telecom will prorate recurring fixed monthly charges for any partial month on a 30-day basis. Recurring monthly charges and all product and service charges will be billed in advance, except for the initial month (or fraction thereof) and any other charges will be due in arrears. On your first invoice you will be billed for the recurring monthly charges for the initial month (or fraction thereof). For refund purposes or billing, each month will be allocated 30 days.

You agree to pay for products and services at the current price rates which are subject to any applicable restrictions, set forth on the price rate lists. In addition to the price rates for using the products and services, applicable long distance charges, surcharges and taxes may also be billed to you. You are responsible for paying all charges for products and services furnished to you, including unauthorized charges incurred on calls made from your telephone line. This responsibility will not be changed by any use, abuse or misuse of the products and services or facilities, systems, equipment, or services interconnected to other services, whether such use, abuse or misuse was undertaken by yourself or a third party, including, any people in your family, people who you work with or other public members. You agree to promptly report Choice One Telecom in connection with any abuse or misuse, or any misappropriated, lost or stolen authorization codes.

Unless an invoice indicates otherwise, all payments are payable and due within 25 days from the invoice date. The only acceptable form of payment is U.S. dollars.

Suspension of Service, Late Charges and Default Interest

All Choice One Telecom business payments not received by their respective due dates will be assessed late payment charges of $9.00. All Choice One Telecom residential payments not received by their respective due dates will be assessed late payment charges of $1.50. Furthermore, any and all past due balances not paid by their respective due dates will be assessed past due balance fees of $1.50. Failure to pay Choice One Telecom any outstanding balances by the due date, will result in interest charges on the entire (including all taxes and surcharges), unpaid balance or any portion thereof, at a rate equal to the lesser of the maximum allowed by law or 1½ percent per month.

Choice One Telecom will charge you fees for each electronic funds transfer, check or bank draft returned for insufficient funds. These fees vary by state and such fees are set forth in the applicable state tariff where required by state law. Your charge will be determined according to the address where your bill is sent.

Your failure to pay monthly recurring charges subject to valid state and/or federal regulations will result in Choice One Telecom discontinuing or suspending your products and services, except as provided for by law. Failure to pay unregulated call charges (Pay Per Call [900 or 976]) will not result in discontinuance or suspension of your products or services.       

Surcharges, Taxes and Other Fees

All applicable governmental charges, taxes and fees for Choice One Telecom products and services are paid by you. These charges are in addition to all other prices. All or some of these charges may apply to the products and services you choose. Prices for products and services are separate and exclusive from applicable surcharges, fees and taxes, including although not limited to particular surcharges imposed on you to recover assessments charged to Choice One Telecom. These surcharges are including, although not limited to: (a) ad valorem taxes; (b) access charges taxes incurred by Choice One Telecom; or (c) gross receipt and excise taxes.

Choice One Telecom may also adjust its charges and prices rates or impose additional charges and fees in to recover amounts that are permitted or required by semi-governmental or governmental authorities to pay others or to collect from others in support of regulatory or statutory programs, fees or funds. Governmental Charges including, but not limited to 911 service charges, local number portability charges, utility, Universal Service funding and other fees imposed on providers of communications will be collected by Choice One Telecom. You must pay all use, excise, sales or other comparable taxes levied by a governing or quasi-governing body or bodies for products and services, unless you provide Choice One Telecom with proof of exemption.

Establishing or Disconnecting Products and Services.

You agree to pay Choice One Telecom all applicable fees required to install, set-up and/or disconnect the products and services at the location these products and services are to be provided, as invoiced, or as otherwise agreed to by the parties in writing. Prices for products and services are made under the assumption that installations are taking place under normal working conditions and in normal locations. Installations being made under any other circumstances will be subject to additional charges.

Charges Imposed by Another Service Provider 

You are responsible for all InterLATA or long distance service payments that may be billed by the applicable inter-exchange service provider or long distance service provider. If an entity other than Choice One Telecom (i.e. another supplier or carrier) imposes charges on Choice One Telecom associated with the provision of your products and services, these charges will be passed to you.

Refunds for Extended Interruptions in Service

Except in the event of intentional misconduct or gross negligence by you or any agent authorized by you to use the products and services, if any portion of your Choice One Telecom products and services are interrupted and remain so for more than 24 hours after notifying Choice One Telecom of such interruption, and provided you offer Choice One Telecom with reasonable access for any required repairs, Choice One Telecom will refund a pro rata portion of your monthly charge for the interrupted product or service. Said refund may be credited to your account. If you believe you have overpaid Choice One Telecom, you must submit your claim along with evidence supporting the claim to Choice One Telecom within 60 days after the claimed overpayment. If a billing error results in an over-billing or overcharge, Choice One Telecom may refund the over-billed or overcharged amount by issuing your account a credit.

Choice One Telecom’s Products and Service Obligations

For as long as you receive Choice One Telecom’s products and services you shall: (a) Provide Choice One Telecom with accurate, current and complete information with regards to any application for our products and services and/or any credit check. (b) Promptly update any such information that is required. (c) Reasonably cooperate with Choice One Telecom to install and maintain, trouble-shoot and error detect with respect to any of our products and services or any provided by Choice One Telecom or any of its third party providers. (d) Immediately notify Choice One Telecom of any unauthorized use of your products and services, or of any misappropriation or theft of your password or user name. (e) Use the products and services only in conjunction and accordance with applicable ordinances, laws and regulations, or other government actions. (f) Comply with the conditions and terms of this accord in all respects, ensuring compliance by anyone authorized by you to use these products and services. (g) Provide and safeguard access to any Choice One Telecom equipment or its third party. And (h) Promptly notify Choice One Telecom of any service interruption not caused by you or by any products or equipment not furnished by Choice One Telecom or its authorized third party suppliers.    

Choice One Telecom will only use information as is provided for in our Privacy Policy. Choice One Telecom will preserve the confidentiality of any password issued to you or created by you or any user name in connection with your use of our products and services, including and without limitation, any connection with any access to your account via http://www./.     

Prohibited Acts

You should not and must not misuse, abuse or fraudulently use Choice One Telecom’s products and services or permit any third party to abuse or fraudulently use our products and services or perpetrate any fraudulent or illegal act while using our products and services. You should not and must not misuse or permit any third party to misuse Choice One Telecom’s products and services in a way that would interfere with the use of or impair the quality of our products and services by others.                   

In regard to any Internet-related services, including, any access to or use of any Internet website operated or owned by Choice One Telecom, without limitation, you must not: (a) Transmit, post or distribute any message which is defamatory, libelous, or which discloses personal or private matters concerning any person. (b) Transmit, post or distribute any pyramid scheme electronic mail, chain letters, junk or spam. (c) Post any link to any Choice One Telecom Internet website without Choice One Telecom's prior and express written permission. (d) Transmit, post or distribute any image, message, data or program ("Work Product") which is indecent, illegal, pornographic or obscene. (e) Transmit, post or distribute any Work Product violating other people’s Intellectual Property Rights. (f) Transmit, post or distribute any harmful, threatening, abusive or hateful message. (g) And Transmit, post or distribute any files containing "Trojan Horses," viruses, worms, time bombs or any and all other destructive features, regardless whether damage is intended or unintended or of the severity of damage. 

Using Recording Devices

You may use recording devices to record your conversations only if compliance with all applicable laws and regulations is met by you, including the following Federal Communications Commission ("FCC"): (a) You obtain written or verbal consent of all parties taking part in the telephone conversation that said conversation is being recorded, prior to said conversation occurring; or (b) you notify each person taking part in the telephone conversation that you are recording the call (you must record this notification) at the beginning of the call; or (c) you use a distinctive recorder tone, repeated approximately every 15 seconds, to alert all parties taking part in the telephone conversation that a recording device is being used to record that particular conversation. The preceding FCC requirements do not pertain to recording calls if they are made: (a) For calls made to or from government agencies in emergencies. (b) To telephone numbers used for emergency purposes (such as 911) and responsive outgoing calls. (c) To calls made for purposes like kidnapping ransom requests and calls made in response to them and bomb threats. (d) To United States Secret Service and Department of the Treasury calls concerning the security and safety of the White House and White House grounds, President of the United States or members of the President's immediate family.  Or (e) to calls recorded pursuant to court order.

Choice One Telecom’s Right to Cancel

Immediately upon written notice to you, except as otherwise required by law, Choice One Telecom may discontinue or terminate your products and/or service without liability to you for any one or combination of the following reasons: (a) You fail to make any required prepayment or deposit. (b) You fail to pay any amount when required to do so under the agreement and such failure continues for five (5) business days after electronic or written notice is sent to you indicating these sums are due and payable. (c) You fail to comply with any material provision of the Agreement whatsoever for 30 days and such noncompliance continues after Choice One Telecom notifies you of such noncompliance. (d) A governmental authority or court prohibits Choice One Telecom from providing you with our products and services. (e) You fail to comply with applicable regulations of the State Public Service Commission or Choice One Telecom’s regulations on file with that commission within five (5) business days after Choice One Telecom notifies you of that particular non-compliance. (f) You violate or fail to comply with any municipal or state law, regulation or ordinance pertaining to telephone service, and such violation is not remedied within 15 days after Choice One Telecom notifies you of such failure to comply or violation. (g) You neglect or refuse to provide Choice One Telecom or its authorized third party products and service providers with reasonable and safe access to equipment provided or owned by Choice One Telecom for maintenance services or inspection after reasonable notice.

Canceling Your Products and/or Services

You may cancel your Choice One Telecom products and services at any time. To cancel, you should notify Choice One Telecom by calling 1-800-217-0907 or in writing at P.O. Box #601816, North Miami Beach, FL 33160 or contact us. All past due balances, Monthly Recurring Charges and other outstanding fees and charges shall be immediately due and payable upon the effectiveness of such termination.             

Choice One Telecom’s Liability Limitations

THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

Choice One Telecom’s liability related to or arising out of this agreement, including any problems occurring in connection with your use of the products and services, shall not exceed the amount charged for the affected period. This is including, but not limited to, any damages occurring from defects, mistakes, omissions, interruptions, errors, unavailability or delays in transmission. Even if Choice One Telecom should have known about the products and services being faulty or defective and was advised about the possibility of damages, even Choice one Telecom is not responsible to you or any third party, whether in tort (including negligence), contract, warranty, or otherwise resulting from or related to Choice One Telecom’s failure to provide services or provision under this agreement for any such damages whatsoever, including, but not limited to, consequential, incidental, exemplary, indirect, special  or punitive damages. Consequential, incidental, indirect, and special damages include but are not limited to revenue, loss of profit or business opportunity damages, or cost of procurement of services, technology, or substitute goods. Choice One Telecom can not be held liable for any failure of performance due to causes beyond Choice One Telecom’s control, including but not limited to, acts of any public enemy or God, or severe weather, fires, meteorological phenomena, floods, hurricanes or other natural disasters such as: national, acts of terrorism, insurrections, riots or wars; work stoppages, strikes, lockouts or other labor difficulties; acts of the United States of America, any state or there political subdivisions; third party acts, including but not limited to inter-exchange carriers, incumbent local exchange carriers, foreign telephone companies or other long distance service providers; and any regulation, law, order or other action of any governmental agency.

Except as otherwise provided by law, Choice One Telecom may without notice and immediately block access to its network from certain phone numbers where Choice One Telecom is experiencing toll fraud in significant amounts, or usage of products and services in an amount not supported by your credit. Additionally, immediately, unless prohibited by law, without notice and without liability to you Choice One Telecom may: (a) Discontinue or cancel your access to our products and services in the event of unauthorized or fraudulent use such products and/or services. (b) Disconnect any calls in progress violating Choice One Telecom’s fraud control parameters. (c) Discontinue or cancel your access to products and services in the event of any adverse activity effecting any equipment provided by Choice One Telecom that is determined to adversely affect our equipment or Choice One Telecom's provision of any services to others (d) Or discontinue or cancel your access to our products and services in the event of tampering with any equipment furnished or owned or by Choice One Telecom.

Exclusions to Choice One Telecom's Liability

Despite any contrary wording in this Agreement, Choice One Telecom is not liable for damages or claims related to or resulting from: the use of the products and services by you or anyone you authorize, in an unlawful, fraudulent or any other manner inconsistent with this agreement; claims by any third parties related to or arising out of the use of these products and services by you or anyone you authorize, including, but not limited to: (a) The negligence, fault or failure to perform obligations under this agreement by you or any party you authorize. (b) Infringement claims of a third party's intellectual property rights. (c) Claims due to unauthorized use of the products and services provided to you, or unauthorized use of your telephone equipment to place calls on the Choice One Telecom network. (d) Claims related to or arising out of breaches in the security or privacy of communications transmitted over Choice One Telecom's network, unless caused by Choice One Telecom's intentional omission or act. (e) Claims for omissions or acts of any party other than Choice One Telecom. (f) Or any problems with Choice One Telecom’s service interconnection with the services or equipment of any third party.

Your Liability to Choice One Telecom

You will defend, indemnify and hold Choice One Telecom harmless against and from any and all demands and claims by third parties for damages or loss related to or arising out of the use of the products and services by you or any party you authorize to use Choice One Telecom’s products and services. This includes, but is not limited to unauthorized use, claims of infringement or of any intellectual property rights including, without limitation, trademark, copyright, patent, trade name, or service mark related to use of the products and services in any manner not addressed by this agreement or combining Choice One Telecom’s products and services with any systems, apparatus or equipment not provided by Choice One Telecom or its authorized third party providers; claims of slander and libel; and all other claims resulting from or related to any omission or act in connection with Choice One Telecom products and services by you or anyone you authorize to use Choice One Telecom's products and services.

Legal Notices From You and From Us

All communications and other notices permitted or required to be given from you to Choice One Telecom under this agreement shall be (including electronic transmission) in writing and shall be (as elected by the giver of such notice) delivered by courier or messenger service, transmitted electronically, or mailed (by airmail if international) by (postage prepaid) certified or registered mail return receipt requested, addressed to:   
 

Notices shall be deemed delivered to Choice One Telecom upon receipt of such notice.

Except as otherwise required by ordinance, law, regulation or other government action, any notices Choice One Telecom must deliver to you under this agreement will be made in one or more of the following ways: letter or postcard mailed to your account’s most recent address, e-mailed to an address provided by you, message posted on your monthly bill, bill insert, posting on the Choice One Telecom’s website, or call to your account’s billed telephone number and either speaking to you directly or leaving you a voicemail message. Notices to you by us shall be deemed delivered three (3) days after sending any bill, postcard or letter in the U.S. mail, addressed properly to your account’s most recent address with prepaid postage; one (1) day after posting on Choice One Telecom’s website, transmittal via electronic mail; or on the day one of Choice One Telecom’s representatives contacts you by telephone or leaves you voicemail message.

Florida Law Governs this Agreement

This agreement shall be construed under the laws of the State of Florida, without reference to principles of conflicts of laws. Venue shall lie exclusively in the courts situated in Miami-Dade County, Florida.

Caller Id

Choice One Telecom’s provision of Caller ID Service, including Automatic Number Identification (ANI), is subject to the requirements of Part 47 of the Code of Federal Regulations, Section 64.1600 et seq.         

Consent to Jurisdiction Exclusively in Florida Corts

You hereby consent to the exclusive jurisdiction of the courts of Miami-Dade County, Florida and the United States District Court for the Southern District of Miami-Dade County, Florida, as well as to the jurisdiction of all courts to which an appeal may be taken from such courts, for the purpose of any suit, action or other proceeding arising out of, or in connection with, this agreement or any of the transactions contemplated by this agreement. You expressly waive any and all rights to bring any suit, action or other proceeding in or before any court or tribunal other than the courts of Miami-Dade County, Florida and the United States District Court for the Southern District of Florida, as well as to the jurisdiction of all courts to which an appeal may be taken from such courts, and covenants that it shall not seek in any manner to resolve any dispute other than as set forth in this section or to challenge or set aside any decision, award or judgment obtained in accordance with the provisions of this agreement. You expressly waive any and all objections you may have to venue, including, without limitation, the inconvenience of such forum, in any of such courts. In addition, each of the parties consent to the service of process by personal service or any manner in which notices may be delivered under this agreement.                   

Severability of Unenforceable Provisions

The provisions of this accord shall be severable, and if any of them are held unenforceable or invalid because of scope of activity, duration, geographic scope, or any other reason, such provision shall be adjusted to cure such invalidity to the minimum extent necessary. The unenforceability or invalidity of one provision will not affect any other. 

No Waiver

Any forbearance or delay by Choice One Telecom in exercising any hereunder right will not be deemed a waiver of that right.

Equitable Remedies

You acknowledge Choice One Telecom will be irreparably damaged and damages at law would not be an adequate remedy if this agreement is not enforced specifically. Therefore, in the event of a threatened breach or breach by any party of any of the provisions of this accord, then Choice One Telecom shall be entitled, in addition to all other Remedies or rights, to an injunction restraining any such breach, and/or to a decree for any specific performances of these provisions in

this agreement.

You Can Not Use Choice One Telecom’s Trademarks

You may not use any Trademark, service mark or other proprietary mark of Choice One Telecom, including, but not limited to, the Choice One Telecom logo and name and the names of the products and services, in connection with equipment offering, any service, product, publication, or promotion, without Choice One Telecom's prior

written consent.

Prevailing Party Entitled to Costs

In any action enforcing this accord, the prevailing party will be entitled to reasonable attorneys' fees and costs.

Titles and Subtitles Are Only for Convenience

The titles and subtitles used in this accord are used only for convenience and are not to be invoked or considered in interpreting or construing this accord.

Assignment

You may not assign your rights under this accord. However, Choice One Telecom may assign its rights under this accord.

This is the Entire Agreement Between You and Choice One Telecom This Agreement, including any Price Rates and Service Terms and Conditions, together with any State Tariffs encompasses and contains the entire agreement of all the parties and supersedes all prior understandings, correspondence, agreements and negotiations, written and oral, between you and Choice One Telecom regarding any subject matter contained in this Agreement.