This site is owned and operated by Vitelity ("we", "us", "our" or "Vitelity"). Vitelity provides its services to you ("Customer", "you" or "end user") subject to the following conditions.

If you visit or shop at our website or any other affiliated websites, you affirmatively accept the following conditions. Continued use of the site constitutes the affirmative agreement to these terms and conditions.

Vitelity reserves the right to change the terms, conditions and notices under which the Vitelity sites and services are offered, including but not limited to the charges associated with the use of the Vitelity sites and services.

1. Electronic Communications

1.1. When you visit Vitelity's websites or send Email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by Email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

2. Copyright

2.1. All content on this site, such as text, graphics, logos, button icons, images, data compilations and software, is the property of Vitelity and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Vitelity and is protected by international copyright laws. All software used on this site is the property of Vitelity and is protected by international copyright laws.

3. Services & Conditions

3.1. Vitelity shall not be held liable for any delay or failure to provide service(s) at any time. In no event shall Vitelity, its officers, Directors, Employees, Shareholders, Affiliates, Agents or Providers who furnishes services to customer in connection with this agreement or the service be liable for any direct, incident, indirect, special, punitive, exemplary or consequential damages, including but not limited to loss of data, lost of revenue, profits or anticipated profits, or damages arising out of or in connection to the use or inability to use the service. The limitations set forth herein apply to the claimed founded in Breach of Contract, Breach of Warranty, Product Liability, Tort and any and all other liability and apply weather or not Vitelity was informed of the likely hood of any particular type of damage.

3.2. Vitelity makes no warranties of any kind, written or implied, to the service in which it provides.

3.3. Vitelity provides prepaid services only. You must keep a positive balance to retain services with Vitelity. You must pay all negative balances immediately. Customer agrees to keep a positive balance in customer's account at all times and agrees to pay the rate in which the customer signed up for to US48 destinations. Customer agrees to pay any and all charges that customer incurs while using Vitelity's service.

3.4. Vitelity services are not intended for use as a primary telephone source for business or residential users.

3.5a. Vitelity unlimited local DID (US & CA) packages are intended for residential use only. Vitelity unlimited local DID packages include the use of 2 simultaneous channels and include a maximum of 4000 inbound minutes per month.

3.5b. Vitelity retail accounts are limited to a maximum of 10 simultaneous inbound and outbound calls. These limits may be increased per request at the discretion of Vitelity.

3.6. Vitelity does not allow calls originating from Payphones to toll free numbers on its network.

3.7. Any call placed to Directory Assistance (411, 1-XXX-555-1212) including Toll Free numbers (1-800-555-1212) will incur a $0.99 per call charge as the call will be routed to our national Directory Assistance call center.

3.8. At Vitelity's sole discretion, you may incur a port away fee for any DID number(s) leaving Vitelity's network as this is a pass-through charge from Vitelity's underlying carrier(s).

3.9. All calls placed through Vitelity's to network to US48/CA destinations are billed at 6 second increments unless otherwise stated.

3.10. Use of Vitelity's services for telemarketing, broadcast faxing, delivery of unauthorized or unsolicited advertising, promotional materials or solicitations is strictly prohibited. Failure to abide by these terms will result in immediate account termination.

3.11. Customer agrees to the exclusive jurisdiction of the courts of Denver County in the state of Colorado in the United States of America for any and all legal matters.

3.12. Violation of any state or federal laws or laws for any other competent jurisdiction may result in immediate account termination and/or disconnection of the offending service.

3.13. Vitelity reserves the right to terminate service at any time with or without notice; especially if Customer is found to be in violation of Vitelity's Terms & Conditions. You agree that Vitelity shall not be liable to you or to any third party for any modification, suspension or discontinuance of service.

3.14. Due to the nature of this industry and high credit card fraud rate, Vitelity reserves the right to request the following documentation for verification purposes; A copy of the credit card used to establish the account along with valid photo identification such as a Passort, Drivers License or other Government issued identification.

4. Product Configuration

4.1. Vitelity services are not intended for the novice user. Vitelity does not offer technical assistance for third party devices. This includes PBX Servers/Switches, IP Phones and ATA Adapters.

4.2. We do provide sample configuration for Asterisk/Trixbox servers, Linksys PAP2/Sipura Devices and standard SIP settings for use with IP Phones/Softphones which is easily accessible on the support page within our customer user portal. The sample configuration provided will not assist with internal routing, extension logic or calling plans. It is the end users responsibility to properly configure their servers and or devices for use with Vitelity services.

5. Refund Policy

5.1. We offer full refunds on remaining pre-paid balance upon request for all payments made within 60 days. We do not offer refunds for monthly subscriptions such as Local DID's or Toll Free numbers. There will be no refunds for one-time/setup fees. (custom toll free numbers)

6. Site Policies, Modification & Severability

6.1. We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

7. General Complaints

7.1. Please send reports of activity in violation of these Terms & Conditions to abuse@Vitelity.com. Vitelity will reasonably investigate incidents involving such violations. Vitelity may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may involve criminal and civil liability.

e911 Terms & Conditions

Definitions
911 - Emergency call service typically used for delivering emergency calls to a public safety access point.
PSAP: Public Safety Answering Point
VoIP: Voice over IP

e911 Terms & Conditions
Due to recent pursuant FCC rulings and regulations, All customers who are using Vitelity services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs.

Enhanced 911, the portion of our 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical address information may not be passed to the PSAP dispatcher. On occasions such as this you will be required to give the dispatcher the location of your emergency in order to receive emergency service assistance.

Enhanced 911 service is not available to every location within the United States at this time. For locations e911 is not currently available; You will be required to announce the location of your emergency to the PSAP dispatcher.

Due to the nature and instability of VoIP networks, we cannot and do not guarantee your emergency call will complete. Loss of power, Internet access and or several other conditions may cause 911 to be inoperable. We have no control over those types of situations therefore are not held liable. Vitelity will do everything within their power to prevent service outages within it's network.

In order for e911 address information to be passed to your local PSAP dispatcher, you must set your outbound caller ID value to the specific DID you are purchasing e911 service for. Therefore, by agreeing to these Terms & Conditions you the customer agree to set the outbound Caller ID number to the DID you have enabled e911 services for when making an outbound 911 emergency call. Failure to set the correct caller ID value will result in a non-refundable $85 surcharge per 911 call.

We have added an extension to our network which all Vitelity users may call to test their Caller ID value. At any time, you may test your outbound caller ID value by dialing '811' through our network.

By using Vitelity's Enhanced 911 service, Customer agrees that Vitelity, it's contractors, executives, members, customers, agents, employees, carriers, 911 providers, and any anyone else associated with Vitelity is not held liable for emergency calls failing, even if it is determined that it is the fault of Vitelity or it's associates. Customer further agrees that they will notify their Customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the Vitelity 911 service of our limitations and make Customers agree to not hold Vitelity or Customer liable.

Customer will be charged a regulatory recovery fee of $1.49 per month for each DID submitted to the e911 database. This fee is non-refundable. Failure to enable e911 service will result in a non-refundable $85 surcharge per 911 call.


Vitelity

Last updated 11:47:26 AM EST 08/17/2007