American Network, Inc. Terms

      THIS AGREEMENT (the “Agreement”) is made and entered into by and between American Network, Inc. (“American Network”) and you, the user of the Service, as defined below, or any part thereof (“User”).  By accepting an online version of this Agreement or by registering, activating or using the Service or any part thereof IN ANY WAy, User ACKNOWLEDGES AND AGREES to be bound by all of the terms and conditions of this Agreement, including, WITHOUT LIMITATION, the terms and conditions RELATED to 911 serviceS. further, user REPRESENTS that HE or SHE is either hard of hearing or deaf, or otherwise haS a speech disability or other physical condition necessitating the use of one or more of the services. 

1. Description of the Service.  American Network provides telecommunications relay services, including, without limitation, Internet Protocol Relay Service (“IP RS”), Video Relay Service (“VRS”) and Internet Protocol Captioned Telephone Service (“IP CTS”) (IP RS, VRS and IP CTS, collectively, the “Service”).  The basic functionalities of the Service are described on American Network’s web site at www.american.net (www.phonecaption.com,www.americanvrs.com, www.freerelay.com ), as may be updated by American Network at its discretion from time to time as provided herein (all of which are incorporated herein by reference and hereby made an integral part hereof).  The Service is partially provided with the assistance of a specially trained Communications Assistant (“CA”) to relay conversations in real-time from Users to standard telephone voice callers.
2. Technical Requirements.  As a precondition for the use of the Service, User must be employing any of the following devices, each compliant with or exceeding the technical requirements set forth below. Use of any device that is not compliant with the following requirements may result in interruptions in the Service or inability to provide such Service to User. (latest Windows, Mac, AmericanVRS, freerelay and phonecaption software) American Network shall provide technical support for use of the Service through its product specific sites.  Such technical support is governed by the Support Terms and Conditions posted at www.american.net/techsupport, as may be updated by American Network at its discretion from time to time (all of which are incorporated herein by reference and hereby made an integral part hereof).
3. Use Restrictions. User’s use of the Service is limited for personal use and is subject to the following restrictions.  There are no implied rights granted to User and any right not specifically granted herein is hereby reserved by and for the sole benefit of American Network.
4. Ownership Rights.  User acknowledges that, as between American Network and User, the Service, as upgraded or updated, including associated screen displays and menu features, are copyrighted works owned by American Network and protected by federal and international copyright laws.  In partial consideration of American Network granting User the rights set forth in this Agreement, User agrees that all intellectual property rights and all other ownership in any ideas, feedbacks, modifications, enhancements, improvements, inventions or works of authorship of any kind User (or anyone acting on its behalf) creates, authors or develops relating to the Service or any part thereof, and/or to any documentation, trademark, logo or other mark of American Network or any portion of any of the foregoing are hereby assigned to American Network, shall be the sole and exclusive property of American Network.
5. Trademarks.  User shall not use the name of American Network or any of its affiliates or of any officer or employee of American Network or any of its affiliates, or any trade name, trademark, service mark, or symbol of American Network or its affiliates, or any likeness thereof or marks similar thereto, or refer to or identify American Network or any of its affiliates for any purpose without first securing the prior written consent of American Network.
6. Availability.  The Service is intended to be available 24 hours per day, 7 days per week.  However, technical or other limitations affecting the Service may arise, which could result in the Service being temporarily unavailable.  The Service also may not be available at times due to interruptions or technical problems with User’s Internet Service Provider or for other reasons outside of the control of American Network. USER ACKNOWLEDGES THE FOREGOING LIMITATIONS ON AVAILABILITY AND AGREES THAT THE SERVICE IS AT ALL TIMES SUBJECT TO SUCH LIMITATION. USER HEREBY REPRESENTS THAT HE/SHE IS NOT RELYING ON CONTINUED AND/OR UNINTERRUPTED SERVICE FOR ANY PURPOSE AND THAT HE OR SHE HAS ALTERNATIVE MEANS OF COMMUNICATIONS SUFFICIENT TO SUPPORT HIS OR HERS COMMUNICATION NEEDS IN CASE OF INTERRUPTION OR NON-AVAILABILITY OF THE SERVICE OR ANY PART THEREOF.
7. Compliance with Federal Communications Commission (“FCC”) Rules.  User represents and warrants that:  (a) he or she is eligible under the FCC’s rules to obtain the Service; (b) he or she will use the Service only for communications permitted by FCC rules; and (c) he or she will observe all statutory and regulatory requirements governing the use of the Service.  Relevant FCC rules and regulations may be found at www.fcc.gov. User recognizes that applicable FCC rules and regulations may change from time to time and agrees that American Network, in its sole discretion, may without notice or liability modify this Agreement to comply with such changes by posting any required changes to its web site, www.american.net or affiliated sites www.phonecaption.com, americanvrs.com & freerelay.com. User’s sole remedy in case of such modification shall be to terminate his or her subscription to the Service.
8. Registration for a 10-Digit Telephone Number. 

            (a) As of December 31, 2008, a user of Internet-based relay service is required by FCC rules to register his or her location (physical address) and other information with the provider of such services (User’s “Registered Location”), after which User will receive his or her own 10-digit telephone number.  User must submit and (promptly after any changes) update the Registered Location information by visiting respective product/service website offered by American Network.

1. Number Portability.  When User registers and receives a number from American Network either for IP-Relay or IP-VRS, User designates American Network as its default relay provider.  However, User will be able to change its default relay provider at any time, and still keep the same telephone number, as FCC rules require default providers to allow and not restrict the porting of numbers.  As required under FCC rules, American Network will act expeditiously on a valid number porting request received from another provider that the User has authorized to become his or her new default relay provider. 
2. Call Around Capability.  While American Network is designated as User’s default relay provider User still will be able to place a call through providers other than American Network.  Hearing callers also may use a provider other than American Network to contact User.
3. Limitations of Emergency Calls (Only for IP-Relay and IP-VRS).
   1. User hereby agrees to (i) provide American Network with an accurate Registered Location and (ii) immediately update the Registered Location if User moves the Service to another location.  American Network’s relay 911 service will be able to provide correct User location information to emergency services personnel only to the extent that User provides a correct Registered Location at the time of User’s registration and keeps the Registered Location current.   
   2. User will not be able to place traditional wireline 911 calls from User’s computer or other Internet-enabled device with the service.  The service does not support traditional wireline 911.  User hereby agrees to advise all individuals of this limitation who may place calls over the Service.  American Network strongly recommends that User always have an alternative means of accessing 911 services.
   3. Using 911 with the Service.  When User requests 911 through the Service using User’s computer or other Internet-enabled device, User’s call may be routed to a different dispatcher than that used for traditional wireline 911 dialing.  The dispatcher will be located at the public safety answering point (“PSAP”) or other local, regional, or state emergency service personnel answering point designated to receive emergency services calls for User’s Registered Location.  In addition, User’s 911 service has fewer capabilities than traditional wireline 911 service as follows:

                  (i) American Network’s relay 911 service will not function if User’s equipment fails or is not configured correctly or if User’s Internet connection is interrupted or not functioning for any reason, including, but not limited to, in the event of a power outage, broadband service outage or suspension or disconnection of the service.  If User lives in an area where E911 service is available for traditional wireline telephone services, then American Network’s Internet-based relay service will include E911 service (with E911 service, the PSAP or local emergency service dispatcher should be able to automatically obtain User’s Registered Location and telephone number when User requests 911, subject to User providing American Network with such information).  If User lives in an area where only basic 911 service is available for traditional wireline telephone services, then the service will include basic 911 service (with basic 911 service, the PSAP or local emergency service dispatcher may be able to see User’s telephone number but will not be able to see User’s Registered Location when User dials 911).  In some states, or in certain areas within some states due to technical limitations of the e911 systems in those states or areas, the PSAP or local emergency service dispatcher receiving American Network’s internet-based relay 911 calls may not be able to capture and/or retain User’s telephone number and Registered Location when User requests 911.  Due to the limitations in some E911 service areas, and due to the limitations of basic 911 service, American Network recommends that User immediately inform the CA and the 911 dispatcher of User’s name, address (or the location of the emergency, if different) and telephone number User is calling from when User places a 911 call.  User should also take care not to disconnect the line.  If User disconnects the line before User has given the dispatcher User’s telephone number and other pertinent information, the dispatcher may not be able to call User back.  If User is unable to speak and describe User’s location, the dispatcher may not be able to locate User.

                  (ii) for technical reasons associated with the possibility of network congestion, with American Network’s internet-based relay service there is a greater possibility that 911 calls will produce a busy signal or will experience unexpected answering wait times and/or take longer to answer, as compared to traditional wireline 911 calls.

                  (iii) if User’s Registered Location does not correctly identify the address where User is using the service, 911 communications may be misdirected to an incorrect local emergency service provider.

                  (iv) 911 will not function correctly if User moves to a location other than User’s Registered Location without updating User’s Registered Location information.  In such event, in order to have 911 calling routed correctly and for emergency responders to receive accurate location information, User must update User’s Registered Location in accordance with the instructions on the American Network service website.  Unless User has updated User’s service address and allotted the sufficient, advised time for the Registered Location update provisioning to complete, American Network recommends that User use alternative means of accessing 911.

1.  
   1. DISCLAIMER OF 911 LIABILITY. 

                  (i) USER HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT AMERICAN NETWORK WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR REACH A PSAP OR EMERGENCY RESPONDER USING THE SERVICE OR TO ACCESS EMERGENCY SERVICE PERSONNEL DUE TO THE 911 CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS AGREEMENT. 

                  (ii) American Network disclaims all responsibility for the conduct OF LOCAL OR OTHER EMERGENCY PERSONNEL TO WHOM 911 CALLS ARE ROUTED.  Therefore, American Network is not responsible for whether AND HOW SUCH CALLS USING THE SERVICE ARE ANSWERED.  American Network relies on third parties to assist in routing 911 calls.  American Network cannot ensure that User’s local emergency service provider is capable of handling 911 calls from Internet-based relay service users.  Accordingly, American Network is neither liable nor responsible if the data used by a third party to route such calls is incorrect or produces an erroneous result.

1. NO WARRANTY.  THE service AND any part thereof MADE AVAILABLE HEREUNDER is PROVIDED BY AMERICAN NETWORK “AS IS,” AND NO REPRESENTATIONS OR WARRANTIES ARE MADE BY AMERICAN NETWORK WITH RESPECT THERETO, WHETHER EXPRESS OR IMPLIED. AMERICAN NETWORK HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE, AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO, FEATURES OR CAPABILITIES OF THE SERVICE, AMERICAN NETWORK’S COMPUTERS AND SERVERS, INFORMATION, REPORTS OR OTHER MATTERS PRODUCED OR PROVIDED IN CONNECTION WITH THIS AGREEMENT, EXCEPT AS REQUIRED BY THE APPLICABLE LAW.    
2. LIMITATION ON LIABILITY.  AMERICAN NETWORK disclaims all liability (expressed or implied) in connection with the Service and this agreement.  WITHOUT LIMITING THE FOREGOING, IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL AMERICAN NETWORK OR ITS SUPPLIERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE PERFORMANCE OF THIS AGREEMENT ON BEHALF OF AMERICAN NETWORK, INCLUDING ITS EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, OR SUBCONTRACTORS, BE LIABLE FOR ANY (A) DAMAGES CAUSED BY USER’S FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, OR (B) DAMAGES CAUSED BY ANY NON- AMERICAN NETWORK PRODUCT, SERVICES OR DELIVERABLES.  IN NO EVENT SHALL AMERICAN NETWORK BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, INCIDENTAL, STATUTORY, EXEMPLARY, COVER OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, LOST BUSINESS OPPORTUNITIES, LOST SAVINGS, LOST DATA, LOSSES CAUSED BY DELAY OR THE DOWNTIME OF AMERICAN NETWORK COMPUTERS OR SERVERS, NON-AVAILABILITY OF SERVIE, OR LOSSES FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET OR THIRD-PARTY TELECOMMUNICATION SERVICES, IN EACH CASE REGARDLESS OF THE FORM OF ACTION, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. USER RECOGNIZES THAT THIS AGREEMENT IS BASED IN PART ON THE LIMITED WARRANTY AND LIMITATION OF LIABILITY AND REMEDIES SET FORTH HEREIN.
3. Confidentiality/Privacy.  Internet-based relay service uses, in whole or in part, the public Internet and third party networks to transmit voice and other communications.  User hereby acknowledges and understands that American Network cannot guarantee that the relay communication is completely secure.  If User accesses the Service through another IP-enabled service, American Network encourages User to read the privacy and security policies for that provider as they may differ from those employed by American Network.  American Network respects the privacy of Users and treats the content of all communications as private, except as may be required by law.  Calls made through the Service are confidential.  American Network CAs  will not disclose any information from User’s conversations except as may be required by law or otherwise allowed by FCC regulations.  The full text of American Network’s privacy policy (as amended from time to time) is available at www.american.net/privacy .
4. Security.  American Network has and will continue to implement security features and reasonable policy guidelines to safeguard the privacy of any User-identifiable information from any unauthorized access or improper use.  However, American Network is not liable for any security breaches caused by User or third party violations of federal or state law.  Moreover, American Network cannot guarantee the confidentiality of any communication or material transmitted to or from American Network via its website or via email.  American Network thus is not responsible for the security of such information.
5. Fraudulent Use; Recording Calls.  User will not use the Service for any unlawful, abusive or fraudulent purposes, including, for example, using the Service in a way that (a) interferes with American Network’s ability to provide the Service to User or other Users or (b) avoids User’s obligation to pay for communication services or other purchases made through the Service.  Subject to applicable federal rules, if American Network has reason to believe that a User or someone else is abusing the Service or using the Service fraudulently or unlawfully, American Network retains the right to immediately suspend, restrict or cancel the Service without advance notice. Users shall not record calls made using the Service, and to the extent User does make and retain recordings of calls made using the Service, User shall indemnify American Network as set forth in Section 17 below.
6. Indemnification. User hereby agrees to defend, indemnify, hold harmless and release American Network, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to User in connection with the Service, from any and all claims, losses (including loss of profits or revenue), damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees) in connection with its use of the service or any part thereof and/or any breach of any representation, warranty or covenant hereunder by User.
7. No Third Party Rights.  Other than as specifically set forth in this Agreement, this agreement does not provide any third party with a remedy, claim or right of reimbursement.
8. Waiver.  No provision of this Agreement shall be deemed waived by course of conduct, unless such waiver is made in a writing signed by the party against whom such waiver is sought to be enforced, nor shall any course of conduct operate or be construed as a waiver of any subsequent breach of this Agreement, whether of a similar or dissimilar nature.
9. Assignment.  American Network may assign all or part of its rights and/or duties in connection with this Agreement without any notification to or consent of User. User may not assign this Agreement or the Service or any right or obligation hereunder.
10. Notices.  Notices from User to American Network must be transmitted by e-mail at legal@american.net or through American Network’s Website at www.american.net.

Notices from American Network to User may be made by posting a notice on American Network’s website or by e-mail.

1. Severability.  If any part of this Agreement is found invalid, the rest of the Agreement shall remain valid and enforceable.
2. Governing Law.  This Agreement and provision of the Service shall be governed by the law of the State of New York, without regard to its choice of law rules.  The exclusive location for jurisdiction and venue of any litigation or other proceeding arising in connection with this Agreement or the Service shall be in federal or state court located in New York.
3. Entire Agreement.  This Agreement constitutes the entire agreement between User and American Network regarding the Service, and supersedes all prior agreements, understandings, statements or proposals and representations, whether written or oral.  This Agreement may only be amended as stated in Section 25.  No written or oral statement, advertisements or service description not expressly contained herein shall contradict, explain or supplement this Agreement.
4. Changes to Terms and Conditions.  American Network may change this Agreement from time to time by notice to User.
5. Termination. American Network shall be entitled to terminate the Service to all or substantially all of its customers by 30 days prior notice to be posted on its web site (“Termination of Service”). Termination of Service shall cause the immediate and automatic termination of this Agreement without any liability to American Network.  In addition, American Network shall be entitled to terminate this Agreement by written notice to User immediately upon breach by User of any representation, warranty or covenant hereunder.
6. Effects of Termination. Immediately upon termination hereof for any reason, User shall have no further access to the Service or any part thereof and all rights of User hereunder shall be automatically revoked. Sections 4, 5, 9, 11-15 and 17-28 shall survive expiration or termination hereof and continue with full force and effect thereafter.
7. Acknowledgement.  User acknowledges that, as described in this Subscriber Agreement, he or she has been advised of the following: (1) the process by which User may obtain ten-digit telephone numbers, including a brief summary of the numbering assignment and administration processes adopted herein; (2) the portability of ten-digit telephone numbers assigned to User; (3) the process by which User may submit, update, and confirm receipt of User’s Registered Location information; and (4) the importance of maintaining accurate, up-to-date Registered Location information in the event that User places an emergency call via the Service.