Cloud Burst Service Terms of Use

Posted 8/30/2018


XBLUE Networks, LLC offers Cloud Burst VoIP Services. XBLUE provides free technical support for XBLUE Cloud Burst customers for the life of the customer’s subscription to Cloud Burst service with XBLUE.

The Cloud Burst services represented by XBLUE Networks use Voice over Internet Protocol (“VoIP”), which can be greatly affected by peripheral equipment and your network. Therefore, to use the Cloud Burst service you at your sole expense may be required to purchase, but not limited to, additional network switches, routers, servers, telephones, headsets or other equipment (collectively, “Equipment”). XBLUE Networks does not warranty or guarantee that, even with Equipment changes, your network will support Cloud Burst service.

XBLUE’s Cloud Burst unlimited phone line service and “No Busy Guarantee” applies to normal business operations only. These representations regarding Cloud Burst service does not include exceptionally high voice traffic applications like inbound/outbound call centers, telemarketing and other excessive call volume related activities.  Unlimited calling is provided solely for live customary dialog between individuals. Examples of common violations of reasonable business use are but not limited to the following: robocalls, monitoring services, data transmissions, telemarketing, transmission of broadcasts, transmission of recorded material, or other connections which do not consist of substantially uninterrupted live dialog between individuals. If XBLUE finds that Customer is using an unlimited voice service offering for other than reasonable business use, XBLUE may, at its option, terminate Customer’s service or change Customer’s plan. XBLUE may provide written or email notice that it intends to take any of the above actions.

Unlimited calling is intended for reasonable business use only. For unlimited calling plans, unlimited calling applies only to calls made within the continental United States and Canada. Calls to Alaska, Hawaii and all non-Canadian international calls are subject to additional charges.

A quote for high capacity phone line service is available upon request. XBLUE reserves the right to discontinue service at XBLUE’s sole discretion.

Billing

XBLUE requires a credit card to set up and maintain Cloud Burst service. The billing cycle is monthly beginning on the day that service begins. Service is discontinued if the credit card information becomes invalid. Every attempt will be made by XBLUE to contact the customer to make other payment arrangements before disconnecting the service. The grace period is (30) days.

Cloud Burst service requires an initial (12) month service term from the date of purchase. If for any reason, Cloud Burst service is terminated by the customer prior to the completion of the initial (12) month period the remaining monthly payments from the initial (12) month term will be immediately due and payable.

Government Embargos

You represent and warrant that you are not located in a country that is subject to United States Government embargos, or have been deemed to be a supporter of terrorist countries; and not listed on any prohibited or restricted parties relating to exports. You also recognize that any service, not within the United States may be governed by different laws and regulations set forth by the United States for your service. It is the sole responsibility of the subscriber to report the usage of Your Service, to any foreign countries and you alone are responsible to pay any and all taxes, fees or regulatory violations accrued while using VoIP services set by XBLUE.

Ownership

The Account owner will be listed as the legal entity (e.g. corporation, partnership or individual), unless no legal entity is provided, the Account owner will be listed as the owner of the credit card provided when signing up for Your Service with XBLUE Networks. XBLUE Networks will not adjudicate ownership disputes or other internal business disputes in regards to the ownership of the telephone lines and reserves the right to suspend or terminate the Account and Services.

Limited License

XBLUE Networks may grant You or Your representative the use of their proprietary Provisioning Website (The “Site”). The website and the content displayed are copyright protected. Any reproduction, re-transmission, redistribution or publication of the information without prior written permission from XBLUE Networks, other than for personal use, is strictly prohibited.  XBLUE Networks’ grant of this limited license does not include, without exception: 1) the right to resell access to the Site; 2) customizing the site, by making changes, other than what is permitted by XBLUE Networks; 3) the use of any reproduction software or extraction method, of any of the Site’s content, programming setup, or specific information contained within the Site.

Subscriber Information

You understand that XBLUE Networks relies on the information you supply and that providing false or incorrect information may result in Service delays or the suspension or termination of the Service. You agree to promptly notify XBLUE Networks whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable.
EMERGENCY SERVICES – 911 Service

911 Dialing

XBLUE Networks uses the same national 911 network that all traditional telephone companies use. Be aware that 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the 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 using the Service, including 911 Dialing. Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning. Disconnection of your account will prevent all Service, including 911 Dialing, from functioning.

Your ISP, 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. If you suspect this has happened to you, you should alert us to this situation and we will work with you to attempt to resolve the issue.  During the period that the ports are being blocked or your Service is impeded, your Service, including 911 Dialing, may not function. You acknowledge that XBLUE Networks is not responsible for the blocking of ports by any third party or any other impediment to your usage of the Service, 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 disconnect the Service in accordance with this Agreement.

If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement. You authorize us to disclose your name and address to third parties involved with providing 911 Dialing to you, including, by way of illustration but not limitation, call routers, call centers and local emergency centers. Most of XBLUE Networks customers in the U.S., including Alaska, Hawaii, and Canada have access to basic 911 or Enhanced 911 (E911) service. Enhanced 911 (E911) service is available for all U.S. and Canadian customers who register a valid E911 service address.

Registration of Physical Location Required

For each phone line that you use with the Service, you must register the physical location where you will be using the Service with us. Your initial location will be registered as a part of subscribing to the Service and It is incumbent on you to confirm the accuracy of your physical address, if you have any changes, additions or transfers of phone numbers. When you move the Device to another location, you must update your location. If you do not update your location, 911 calls you make may be sent to an emergency center near your old address. You may update a location by emailing our customer support at info@xbluenetworks.com. For purposes of 911 Dialing, you may only register one location at a time for each phone line.

Alternate 911 Arrangements

If you are not comfortable with the limitations of the 911 Dialing service, as outlined in this Agreement, you should make arrangements for an alternate means of accessing traditional 911 or E911 services or disconnect the Service. You understand that additional arrangements should be made to access emergency services. To access emergency services, you acknowledge and accept that it is your sole responsibility to purchase, with a third-party separately from XBLUE Networks, traditional wireless or wired line telephone service that offers access to emergency services. You further recognize that XBLUE Networks is not a replacement for your primary telephone service and you are hereby advised to maintain a traditional wired line or wire-based telephone service at all times. By agreeing to these terms and conditions of service and by your use of the Device, you acknowledge and accept that the Device may not support or provide emergency service at all times. You represent and warrant to XBLUE Networks that you already have made additional arrangements with a third party to access emergency services.

Network Congestion

Due to Network Congestion you may experience a Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made using the Service as compared to traditional 911 dialing over traditional public telephone networks.

Disclaimer of Liability and Indemnification

XBLUE Networks does not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We expressly disclaim any and all responsibility for the conduct of such local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither XBLUE Networks nor any of its officers, directors, members or employees 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 our 911 Dialing service unless such claims or causes of action arise from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless XBLUE Networks, its officers, directors, members, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.

Notify All Users

It is your responsibility to inform all people at your location, which includes but not limited to: employees, household residents, guests and other third Parties that may be present at the physical location where you are using the Service of the important differences in and limitations of 911 Dialing as compared with basic 911 or E911. You should make it clear to all Remote users who are using your phone service that dialing 911 from their location will route the call to the 911 center associated with the Physical Location Address provided to us by you and NOT to a 911 center close to the remote caller. For example, if your Physical Location is in Texas and you have a remote extension in California, when that remote extension will dial 911 the call will be routed to the Texas 911 center and NOT to the California one.

Unprovisioned 911 Calls

For each billing cycle, if a Subscriber places one or more 911 calls but does not have a valid 911 address on file with XBLUE Networks, XBLUE Networks shall charge $275 for each call placed. These charges are non-negotiable and Subscriber waives the right to dispute these valid charges.


If you have any question or comments about our Terms of Use for XBLUE VoIP Line Services please call 866-925-8312.