Terms of use

RingingUSA, LLC

888-575-8999 CustomerCare@RingingUSA.net

AGREEMENT TERMS                                                                    

  1. The undersigned (you, subscriber, customer) hereby subscribes to the phone Service plan as described herein. RingingUSA LLC (we, us, the Service  RingingUSA) is willing to provide you with the services only on the condition that you agree to these terms. By subscribing to, activating and /or continuing use of the Service (home phone, office phones and related equipment and features), you acknowledge that you have read and understand these terms and conditions and agree to be bound by them. You also represent that you are of legal age and are legally capable and authorized to enter this Agreement and become bound by its terms and by the terms of applicable state and/or federal tariffs, rate schedules applied. The term “Equipment”, if any, refers to any products, devices and /or equipment used in conjunction with any Service, including an IP phone, multimedia terminal adapter and/or phone, analog telephone adapter, or any other IP connection devices.
  2. E911 for emergency call services need to be activated via your phone equipment /device provided by RingingUSA. Activation requires your physical address where the phone equipment/ box is connected and used. You agree to provide this address information to RingingUSA for E911 activation and agree to test your E911 service for confirmation after your E911 services is activated. RingingUSA reserves the right not to provide you with the Services without your activation and confirmation of E911 services via your phone equipment/box. E911monthly fee applies. You understand that if your RingingUSA account is suspended or terminated, the Services outage will prevent the 9-1-1 dialing feature from functioning. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 dialed calls utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
    You are responsible for the accuracy and the completeness of the address that you submit to RingingUSA for the location at which the Services will be used and to which emergency service will be sent in the event that you use the E911dialing service. You are responsible for updating and  advising us of any and all changes to the address or location at which the Service will be used. The Service uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers. We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers. We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither RingingUSA, its officers, directors, its affiliated or subsidiary corporations, employees, representatives or agents 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 the E 911 dialing service unless such claims or causes of action arise from RingingUSA’s gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless RingingUSA LLC, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, E 911 dialing feature or service or access emergency service personnel.
  3. The Services including E911 requires high speed internet connection which is not provided by RingingUSA LLC. You agree that the high speed internet connection is not responsibility of RingingUSA. You understand and acknowledge that the phone services including E911 dialing will not function in the event of interruption to or outage of your high speed internet connection and/or in the event of household or office power outage.  
  4. You agree to indemnify, defend, and hold harmless RingingUSA and its affiliates, subsidiaries, officers, directors, vendors, employees, managers, representatives, attorneys, agents, contractors (the RingingUSA LLC indemnitees) from any and all claims, losses, damages, fines, penalties, costs, liabilities and expenses (including, without limitation,  attorney fees and costs, including costs on appeal) incurred or suffered by any of such RingingUSA indemnitees relating to any failures, outage, and /or degradation in quality or functionality of the Service, including those related to 911 and /or E911 dialing or services. You agree that RingingUSA and its officers, directors, managers and affiliates will not be liable to you or any others for any consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits or damages arising from your use of or inability to use the Services.
  5. The Services are pre-paid and you agree that upon purchase of the Service, you provide us with a valid credit card number (Visa, MasterCard, American Express or Discover) or checking account information; you agree to authorize us to charge such credit card number or checking account for all charges, fees and taxes relating to the Service. You must notify us of any change to your credit card or checking account information including, but not limited to, the account number, routing number, expiration date, billing address and/or other validation information. We are not responsible for any charges assessed by the credit card issuer or bank on your account for exceeding your credit limit, insufficient funds. Every call using the Service counts against included plan minutes and toll charge may occur with the associated service plan. Call duration minute is calculated in one minute increments for each call and fractional minutes will be rounded up to the next whole minute. Higher rate may apply for calls made to international mobile phones. Other restrictions may apply for international incoming and outgoing calls. Monthly statement will be emailed to your email address and there will be no paper statement sent via postal mail. You agree to authorize us to automatically charge your on-file credit card number for the account each month at the time the statement is sent to you, or at any time during the month for the accrued toll charge which is substantially higher then your average billing amount. You agree to notify us within ten (10) days of receipt of applicable statement for disputing any charges billed to you or you will waive any objection and any further remedy with respect thereto. The account suspended due to unpaid balance will not be re-activated until all accrued due payment in full, together with re-activation fee of $20.00, is received. Termination of services may occur without prior notice for the account that is suspended. RingingUSA reserves the right to change, cancel or remove any number at any time in its sole discretion. Upon any termination or expiration of Service, numbers associate with the Service are removed and is unable to release to another service provider. You agree to comply with all applicable Federal, State, local and international laws in connection with the use of the Service.
  6. Equipment/phone box comes with twelve (12) month limited manufacturer’s warranty for parts and labor from the date of purchase, excluding damages occurred in shipment, failures which result from accidents, misuse, neglect, bug infestation, mishandling, alteration, faulty installation, power line surge, lightning damage, liquids or humidity, normal wear and tear or cosmetic damage, or damage that is attributable to the acts of God. If your equipment/phone box does not work properly because of a defect in material or workmanship, we will, for the period of 12 month, at our option either repair or replace it with a new or refurbished equipment/phone box, at our sole discretion. You must mail-in your equipment/phone box prepaid during the limited warranty period. This limited warranty only applies to the equipment/phone box purchased and serviced in the United States or Puerto Rico. Except with respect to the limited warranty on equipment/phone box as described herein , there is no warranty of any kind regarding the Service, express or implied, oral or written, statutory or contractual, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose or use, all Service is provided “as is” and “as available”. RingingUSA and its affiliate do not warrant that the Service including firmware, software, transcription and equipment will be without failure, delay, interruption, error or degradation of quality, and hereby disclaim any and all liability with respect thereto, including without limitation, any liability in connection with the deletion or failure to store or send any voicemail, fax messages, and /or other communications, or data maintained or transmitted by or through the Service. In addition, you will not be entitled to any credits or other compensation for any of the same. Statements and descriptions about the Service, including equipments are intended to be informational in nature and should not be construed as warranty of any kind. RingingUSA reserves the right in its sole discretion to refuse or discontinue service to anyone for any reason and to change or cancel the service, the pricing and/or this agreement at any time.
  7. You agree that Neither party will be responsible for delay or failure of performance due to causes beyond its control, like, for example, accidents of God, labor disputes, acts of terrorism, shortage of materials, fire, flood, riot, war, government intervention, or the stability or availability of the internet or a portion of the internet. You may terminate the service and terminating your service requires thirty (30) days in advance notice to RingringUSA in writing/email, unless otherwise specific service term is established and agreed.
  8. These terms shall be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions.
  9. Privacy. You acknowledge that the Service relies, in whole or in part, on the public Internet and third party networks to transmit voice and other communications, For this reason, RingingUSA cannot guarantee and does not warrant that your calls or other communications and transmissions using the Service will be secure or private.

            You acknowledge that the technical processing and transmissions of the Services, 

             including your content, may involve transmissions over various networks,

            changes to confirm and adapt to technical requirements of connecting networks or

            devices, and single or multiple human assisted transcription. You understand that

            we may preserve content and may disclose content, your name,

            telephone number, credit card information and other personal information, if

            required to do so by law or in the good faith belief that such preservation or

           disclosure is reasonably necessary to :

1)      Comply with law enforcement or other government agency requests;

2)      Comply with laws, regulations, rules, subpoenas, search warrants, or court order;

3)      Identify, contact, or bring legal action against someone who may be misusing the Service, a device, or both; or

4)      Protect the rights, property, or personal safety of RingingUSA, other customer and the public.

  1. We may change the terms and conditions of this Agreement from time to time.

       Notices will be considered given and effective on the date posted on our website.

       These changes will become binding and effective the date they are posted to our

       website. No further notice by us is required upon your continued use of the

       Service. The Agreement as and when posted supersedes all previously agreed to

       electronic and written terms of service.

  1. RingingUSA reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. RingingUSA also reserves the right to terminate accounts with or without reason at its  sole discretion. If RingingUSA terminates the service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If RingingUSA terminates service for Terms of Service violation, the user is not

      entitled to any refund.

12.  Mandatory Arbitration of Customer Claims. ANY DISPUTE OR CLAIM YOU MAY HAVE AGAINST RingingUSA LLC ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT (INCLUDING THE INTERPRETATION THEREOF) SHALL BE RESOLVED EXCLUSIVELY BY YOUR COMMENCEMENT OF AN ARBITRATION PROCEEDING BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. The parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and you will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. You acknowledge that this arbitration provision constitutes a waiver of any right to a jury trial and may require you to travel to a location beyond your place of residence or business in order to commence and participate in the arbitration. You further agree that regardless of any statute or law to the contrary, any such arbitration must be filed by within one (1) year after the underlying claim or cause of action arose or the same will be deemed forever waived by you.

13.  YOU AGREE THAT RingingUSA LLC WILL COMMUNICATE WITH YOU VIA ELECTRONIC MAIL SENT TO THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT. YOU ARE RESPONSIBLE FOR NOTIFYING RingingUSA of ANY CHANGES TO YOUR EMAIL ADDRESS. WE USE EMAIL TO COMMUNICATE IMPORTANT INFORMATION ABOUT THE SERVICE, BILLING, CHANGES TO THE SERVICE AND OTHER INFORMATION. THE INFORMATION IS TIME-SENSITIVE IN NATURE. YOU AGREE YOU MUST READ ALL EMAIL WE SEND TO YOU IN A TIMELY MANNER.

14.  No Third Party Beneficiaries. This Agreement is for the benefit of the parties hereto and is not intended to confer any rights or benefits on any third party. There are no third party beneficiaries as to this Agreement or any part or specific provision of this Agreement

15.  Phone Number: Telephone numbers provided to you by RingingUSA including numbers you port to RingingUSA to be used in connection with the Service (each, a “Number”) are leased and not sold. We reserve the right to change, cancel or move any Number at any time in our sole discretion. Upon any termination or expiration of Service, and upon receipt of written request from you, RingingUSA in its sole and absolute discretion, may (but shall not be obligated to ), release any telephone numbers that were issued by RingingUSA, or ported in to RingingUSA by you and used in connection with your Services, to your new service provider, if such new service provider is able to accept such number, and provided your account has been active and in good standing for at least thirty (30) days and remains as such until the port is complete.  

16.  Prohibited Uses: You agree to use the Service and/or Equipment only for lawful purposes and not use them  for transmitting or receiving any communication, content or material of any kind which, in RingingUSA sole discretion, is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, including where the transmission, receipt and/or possession of such communication or material would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. RingingUSA reserves the right to terminate the Service immediately and without advance notice if RingingUSA, in its sole discretion, believes that you have violated the above restrictions, in which case you will be responsible for paying the Default Charges. You are liable for any and all use of the Service by any person making use of the Service and agree to indemnify, defend and hold harmless the RingingUSA, its officer, employees and affiliates from any and all claims, losses, damages, fines, penalties, costs, liabilities and expenses( including, without limitation to, attorney fees, including costs on appeal) incurred or suffered by any of such use that fails to comply with this Section.

17.  Compliance with Law: In connection with your use of the Service, you agree to comply with all applicable Federal, state, local and international laws, rules, regulations, ordinances, and decrees, including, without limitation, U.S export laws concerning the transmission of technical data and other regulated materials via the Service, and laws regarding notification and consent with respect to the recording of telephone conversations, compliance with which is your sole responsibility, RingingUSA expressly disclaims all liability and responsibility with respect to your recording of telephone conversations.

18.   NEITHER RingingUSA NOR ANY OF its officers, employees WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR NETWORK, FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, DAMAGE OR DESTRUCTION OF, ANY DATA, TEXT MESSAGES, PROGRAMS, OR OTHER INFORMATION OR PROPERTY THROUGH ACCIDENT, FRAUDULENT MEANS, DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF THE NEGLIGENCE OF RingingUSA OR its officers or employees  IN NO EVENT SHALL RingingUSA and its officers or employees BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOST REVENUE, PROFITS, DATA OR USE, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO IN CONNECTION WITH ANY PERSONAL INJURY OR WRONGFUL DEATH, OR ARISING OUT OF OR IN CONNECTION WITH YOUR OR ANY THIRD PARTY’S USE OR INABILITY TO USE THE SERVICE, INCLUDING YOUR OR THEIR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORSEEABILITY THEREOF, AND IRRESPECTIVE OF WHETHER ARISING OUT OF TORT, CONTRACT, PRODUCT LIABILITY, OR ANY OTHER THEORY OF LAW OR EQUITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RingingUSA and its officer or employee DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY ACTS AND/OR OMISSIONS OF EMERGENCY SERVICE PERSONNEL (INCLUDING THEIR FAILURE TO ANSWER 911 CALLS), AND OF ANY OTHER THIRD PARTIES BEYOND RingingUSA CONTROL. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOUR SOLE AND EXCLUSIVE REMEDIES FOR DELAYS IN INSTALLATION, ACTIVATION, COMMENCEMENT, OR RESTORATION OF THE SERVICE, FOR MISTAKES, ACCIDENTS, OMISSIONS, MISTRANSLATIONS, DELIVERY FAILURES, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN TRANSMISSION OR THE PROVISION OF SERVICE HEREUNDER, OR FOR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL BE THE EXPRESS REMEDIES SET FORTH IN THIS AGREEMENT. IN THE EVENT ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE UNENFORCEABLE, AND FOR ALL OTHER PURPOSES, IN NO EVENT SHALL OUR MAXIMUM LIABILITY ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICE EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE PREVIOUS TWELVE MONTHS FOR SERVICES PROVIDED HEREUNDER.

19.  Assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you shall not assign, delegate, or transfer any of your rights or obligations hereunder without the prior written consent of RingingUSA.

20.  Survival. Any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement or the Service. Force Majeure. Without limiting the generality of any of the other limitations contained in this Agreement, RingingUSA LLC shall not be liable for any delay or failure in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other causes beyond RingingUSA control.