Terms of Service

This agreement is between TalkBug.com, LLC (“TalkBug”, “we”, “us”, “our”) and you (“Consumer”, “you”) the consumer of our VOIP communication service. By executing this agreement to use the TalkBug service, you agree that you have read and understand each provision in this agreement, that you are at least the minimum legal age to contract with other parties, and that you are bound by the terms of this agreement, including but not limited to those provisions dealing with 911 emergency calling. This written agreement controls and governs the TalkBug service and any software or website used in connection with our service.

Service Provided:

The TalkBug service requires a telephone adapter, which we will provide to you. This adapter allows you to use a high-speed internet connection with a normal household telephone to make and receive telephone calls. TalkBug does not supply or support internet service of any kind. Thus you will need to acquire high-speed internet service from a third party vendor such as a phone company or cable television company. TalkBug recommends a minimum upstream and downstream speed of at least 75kbs. If this speed is unavailable in your location, alternative VOIP service can be provided by TalkBug, which will work with up and down stream speeds of only 25kbs. This service generates an additional one-time charge of $20.00.

Since the TalkBug service depends on your high-speed internet service, an adequately functioning adaptor and an adequate AC power supply, TalkBug does NOT guarantee continuous availability of our service. By executing this agreement, you admit and understand that the TalkBug service will not function without electrical power and high-speed internet connectivity.

Service Limitations:

You understand and admit that the TalkBug service may not be compatible with other communication equipment such as, but not limited to, fax machines, medical monitoring equipment, security systems, and computer modems. You waive any claims you may have against TalkBug for interference or disruption of such equipment.

Term of Service:

The TalkBug service is offered on a month-to-month basis. The month begins on the day that we activate your service and it ends on the last day of that month. Your first month’s fee will be prorated according to the number of days your service was activated in the first month. That amount will be applied as a credit to your next month of service. Each month, this service agreement will automatically renew on a monthly basis. You may cancel the TalkBug service at any time, in writing, by emailing us at help@TalkBug.com or at our postal address given below under “Notices”. If you cancel during a month, we will not prorate any part of that month. You will be charged the service fee for the entire final month. From time to time, we may offer an annual agreement that provides a lower monthly price in exchange for a one-year prepayment of our service fees. In this case, the term of service will be one year and this term will automatically renew unless you cancel the service.

Your Due Care:

You agree that you will be responsible for all use on your TalkBug account and you accept full responsibility for anyone who uses our service by using your account with or without your permission. Our service is based on the public internet and your calls will be transmitted via the internet. The public internet is not a secure network and other third parties could intercept or monitor your calls. You agree to release TalkBug from any and all liability that may arise because of this un-secure nature of the internet.

911 Emergency Calling:

This section applies to United States Residents only:

You must read and understand the limitations on 911 Emergency Calling. BY ACTIVATING AND PURCHASING TALKBUG VOIP SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF 911 EMERGENCY CALLING WHILE USING TALKBUG VOIP SERVICE. MOREOVER, YOU AGREE THAT YOU UNDERSTAND THE DIFFERENCES BETWEEN TALKBUG 911 EMERGENCY CALLING AND TRADITIONAL 911 OR E911 EMERGECY CALLING. You agree to notify guests, employees, residents, customers or any other person located in the general area of your VOIP phone(s) of these differences and limitations. TALKBUG RECOMMENDS THAT YOU KEEP AN ALTERNATIVE METHOD OF ACCESSING 911 EMERGENCY SERVICES SUCH AS A TRADITIONAL PHONE LINE OR CELL PHONE.

TalkBug 911 Emergency Calling service is not available in all areas. To start this service, where available, you must provide us with the physical location of your telephone adaptor. A post office box will not suffice. You can provide this location information on our company website at www.talkbug.com under the “911 Information” link, or you can email this information to us at help@talkbug.com. If you fail to provide us with this correct location information, you will not have 911 Emergency Calling service on your TalkBug VOIP phone. You agree to and acknowledge this limitation. 911 Emergency Calling service will not be activated on your account until you receive notice from us or our agent, via email or some other means, that the 911 Emergency Calling service has been successfully activated on your account, and you acknowledge and agree to this limitation.

You also agree to provide us with the current physical address of your telephone adaptor. If you provide us with an inaccurate physical address, your 911 Emergency Calling service will be misdirected and thus, ineffective. If you move your telephone adapter to a new location, either permanently or temporarily, you must immediately change your telephone adapter service address by calling us or updating your 911 Information on our website. The new location information will not be effective until you receive notification that the change has been confirmed. We will notify you via email or postal mail.

Enhanced 911 Service: In certain areas of the United States, enhanced 911 service is available. Where this service is available, your location and call back number will be automatically provided to the 911 Public Safety Answering Point (PSAP) or emergency operator. If the location information of your telephone adapter is incorrect or out of date, the emergency personnel will be dispatched to the wrong address thus rendering their service ineffective to you. Thus, it is imperative that you keep an up to date location address on file with us at all times. You agree and acknowledge this condition.

Basic 911 Service: In certain other areas of the United States, enhanced 911 service is unavailable. In these areas, TalkBug will NOT be able to transmit your location information to the PSAP or emergency operator or they may not be able to read or comprehend this information. In these instances, you, the caller, will be required to provide your location and call back information directly to the PSAP or emergency operator. Thus, if you, the caller, are unable to provide the call back number or location information in sufficient detail, the emergency dispatcher may not be able to direct aid to the proper location. You agree to and acknowledge this limitation.

911 Service Limitations: Unlike traditional 911 Emergency Calling, TalkBug VOIP 911 Emergency Calling service will not function at all if there is a power outage, an internet service outage, or any suspension of our VOIP service to you. Any of these outages, for technical reasons, my require you to reset or reconfigure your telephone adapter before our service, including 911 Emergency Calling, will be restored to you. In the case of local disasters, you may experience more busy signals, longer wait times, more call failures with TalkBug 911 service than with traditional 911 service.

Acknowledgement: You understand and acknowledge that TalkBug 911 Emergency Calling service is different from traditional 911 service. Because of these differences, our 911 Emergency Calling service may not be appropriate for you. You agree that you are in the best position to evaluate your need for emergency calling service and to decide which combination of technology can best meet that need. You further agree that you are responsible for deciding if maintaining a backup system of 911 access, such as a cell phone or traditional telephone, would be suitable for you.

Suspension of Your Account: You acknowledge and understand that a TalkBug service outage, due to billing or other issues, will preclude all TalkBug service, including TalkBug 911 Emergency Calling.

Indemnification: You acknowledge and understand that TalkBug will not be liable for any service outage and/or inability to dial 911 using our service or to access emergency personnel due to the characteristics and limitations of the TalkBug VOIP service. You agree to defend, indemnify, and hold harmless TalkBug, its managers, officers, members, employees, directors, affiliates, and agents and any other service provider who furnishes service to you in connection with the TalkBug VOIP service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you, or any third party user of our service relating to the failure or outage of our service, including our service relating to 911 Emergency Calling.

USE OF SERVICE:

Service Limitations: You are expressly prohibited from using our service for telemarketing of any sort (including, without limitation, charitable or political solicitation or polling), continuous call forwarding, fax broadcasting, or any other activity that results in excessive use of our service that is beyond normal household or office use. TalkBug reserves the right to terminate service for any such misuse of our service. This limitation applies to any service which TalkBug, in its sole discretion, considers disruptive to the integrity of the TalkBug network operations.

Some Dialing Patterns are Restricted: TalkBug VOIP service does not allow you to dial 0+dialing, collect or third party billing, 900 and 976 calls, or 10-10 dial around calls.

Number Portability: If you prefer to keep your local phone number and use it with our service, you must agree to the following:

  1. You authorize TalkBug to contact your local phone company and inform them of your choice to change local phone service providers.
  2. You agree to install a standard touch-tone phone connected to the TalkBug telephone adapter, which is connected to your high-speed internet connection, prior to the transfer of the service to TalkBug.
  3. TalkBug reserves the right to refuse to port any telephone number at its sole discretion.
  4. You may not sell, lease, or otherwise convey ownership of any phone number TalkBug has assigned to you.
  5. Upon termination of your TalkBug service, TalkBug will, upon your written request, transfer a phone number that you ported to us from a previous service provider. This number porting can only take place if your account is completely paid and in good standing. You will be responsible for any fees, tax, or other expense in completing this transfer.

Lawful Use of Service: TalkBug expressly prohibits the use of its service to accomplish, encourage, or further interest in illegal activities. This prohibition includes the violation of local laws wherever our service is used around the world. You agree that you will be solely responsible for any violation of local laws. Moreover, you agree to notify TalkBug if your TalkBug phone adapter becomes missing or stolen.

TalkBug Phone Adapter Integrity: TalkBug expressly prohibits any modification to your TalkBug phone adapter without the prior written consent of TalkBug. This prohibition applies to the changing or alteration of any aspect of the phone adapter including, but without limitation, the hardware, the firmware, the MAC address, the IP address or domain name the adapter is set to resolve to, or any other aspect of the adapter’s provisioning. Any such prohibited changes can result in the cancellation of your TalkBug service, at our sole discretion.

Payments and Billing:

Payments for Service: You agree to provide TalkBug with a valid credit card number and to authorize TalkBug to process monthly charges to this card number in accordance with the terms and conditions of this user agreement. You will receive email notification in the form of a statement no less than ten days prior to the date your monthly fee is charged to your credit card. The monthly service charge will be the amount promoted at www.TalkBug.com when you signed up for service. This price and the service provided may change from time to time. If the price is reduced or the level of service increased, no advance notice will be given. Conversely, if the price increases or the service level decreases, you will be notified no fewer than fifteen days in advance of the change by email or by posting the new price or service level at www.TalkBug.com. At times, we may offer annual agreements that offer lower prices in exchange for your pre-payment of an entire year’s worth of service. In these cases, your annual service fee will be billed to your credit card when you initiate our service. Any additional service fees, such as international calling to areas outside of our network, will be billed monthly. Billing: You will be billed from the day you connect the TalkBug phone adapter to our server. In no case shall this first billing date be later than five days if you reside in the US and ten days if you reside overseas. When you sign up for our service, you pay your first month’s billing in advance. As described above, this payment will be prorated and applied to the next month’s billing based on a fraction as follows: the denominator will be the total number of days in the month your billing started and the numerator shall be the total number of days in that month you had the service connected. This fraction will be multiplied by the monthly rate you agreed to. The result will be the amount of your first month’s service charge. Also, as described above, we do not prorate the final month’s service charge. Thus, if you stop using our service on April 12, you will be charged through the last day of April.

Money Back Guarantee: Once you have paid our activation fee and the first month’s service fee, you can cancel the service if you are not completely satisfied with it. Simply return the phone adapter to us, you pay for the freight, and we will gladly refund your activation fee and your first month’s service charge prorated for that portion you haven not used.

Failure to Pay: Your service will be suspended, restricted, or otherwise decreased if your account with TalkBug is not paid and current.

Taxes: You are responsible for the payment of any federal, state, or local tax, sales tax, use tax, 911 service fee, or other government imposed fees that are currently charged or may be charged in the future. These fees and taxes will show as an additional amount due on your TalkBug statement.

DISCLAIMERS, DISPUTES, AND LIABILITY LIMITS:

Billing Disputes: You must notify us within seven days of any billing disputes that may arise from this service agreement. If you disagree with the amount of our charge as reflected on your credit card statement, you must notify us within seven days of your receipt of that statement. Otherwise, the issue will be considered waived.

Indemnification: You agree to indemnify, defend, and otherwise hold TalkBug, its employees, agents, affiliates and other service providers that enable us to bring the service to you, harmless from damage claims that arise from our service, this agreement, unavailability of 911 service, the phone adapter or issues relating to other systems that may rely on the TalkBug service such as utilities, security, irrigation, etc.

Moreover, you agree that TalkBug is not liable for third party claims that arise from your use of our service. You agree to reimburse us for our cost, including attorney fees, in defending against such claims unless we act in willful misconduct or with gross negligence.

Limitations of Liability: By signing up for our service and by paying for our service, you acknowledge that you have read and understand this user agreement and the limitation of our service, including, but not limited to, the 911 limitation discussed above. Except for damages that are the direct result of TalkBug’s misconduct, either willful or negligent, you will not be entitled to any other damages including indirect, incidental, consequential, special, punitive or exemplary damages, the form of action not withstanding.

Disclaimers: The phone adapter manufacturer warrants the adapter. Other than this, TalkBug makes no other warranties including the implied warranties of fitness for a particular purpose and merchantability or any other warranty that the service will be satisfactory to you. We also cannot and do NOT warrant that the service will always be available or free of errors. This user agreement is our entire agreement and any statements by our employees, agents, or third parties that contradict these disclaimers are expressly denied. Notices: If you need to notify TalkBug of any item, you can contact us through:

1. Email:

help@TalkBug.com

2. Postal Mail:

TalkBug.com, LLC 112 Center Street, Suite 560 Fayetteville, AR 72701 USA

TalkBug © 2006, All Rights Reserved. | Fayetteville, Arkansas | 1.866.443.7878