These Terms of Service ("Terms") govern your access to and use of Meganet Voiceway services provided by Troy City Internet Exchange, Inc. ("Meganet Voiceway," "Meganet," "we," "our," or "us"). By ordering, activating, or using any Meganet Voiceway service, you agree to these Terms. If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business.
1. Acceptance of Terms
By placing an order for service, signing a service agreement, or using any Meganet Voiceway service, you accept these Terms together with any applicable order form, service-specific addendum, our Privacy Policy, and our Acceptable Use Policy. If you do not agree, do not use the service.
2. Eligibility
Services are intended for businesses, organizations, and individuals at least 18 years of age. You must provide accurate registration information and keep it current. Meganet may refuse service to anyone for any lawful reason.
3. Service Description
Meganet Voiceway provides hosted voice and telecommunications services, including hosted PBX, SIP trunking, PRI services, the Communicator softphone application, and related voice features, numbers, and integrations. Specific service features, capacities, terms, and pricing are described in the applicable order form or service-specific addendum.
4. Account Registration & Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify Meganet immediately if you believe your account has been compromised. We are not liable for losses caused by unauthorized account use that resulted from your failure to protect credentials.
5. Customer Responsibilities
You agree to:
- Comply with these Terms, the Acceptable Use Policy, and all applicable laws and regulations.
- Provide accurate billing, contact, and technical information.
- Maintain customer-premises equipment, handsets, internal wiring, network connectivity, and on-site power required for the services to function.
- Provide reasonable on-site access for installation, maintenance, and repair when required.
- Notify Meganet promptly of service issues so they can be diagnosed and resolved.
6. Fees and Payment
Fees, billing cycles, payment terms, and any applicable taxes or regulatory surcharges are described in your order form. Unless otherwise agreed in writing:
- Recurring fees are billed in advance and are non-refundable.
- Usage-based fees are billed in arrears.
- Late payments may incur a late fee of 1.5% per month, $5 minimum, or the maximum rate permitted by law.
- Accounts more than 30 days past due may be suspended; accounts more than 60 days past due may be terminated.
- Early-termination fees apply to term agreements as specified in your order form.
You authorize Meganet to charge the payment method on file for all recurring and one-time fees, including applicable taxes and surcharges.
7. Service Availability & Performance
Meganet uses commercially reasonable efforts to maintain service availability and performance. Specific service-level commitments, where offered, are set out in the applicable service-specific addendum or service level agreement. Except as expressly stated in a written SLA, services are provided without service-level guarantees.
Scheduled maintenance is performed in maintenance windows posted or communicated in advance. Emergency maintenance may be performed without prior notice when necessary to protect the network or restore service.
8. Emergency Services (911)
Voice over IP services have limitations with respect to emergency 911 calling. You are responsible for keeping the registered service address for each line current so that emergency calls are routed correctly. Service may not function during a power outage, broadband outage, or service suspension, and 911 calling may be unavailable in those circumstances.
9. Intellectual Property
All content, software, network infrastructure, and trademarks owned by Meganet remain the exclusive property of Meganet. These Terms do not grant you any license to use Meganet’s trademarks or branding. Any feedback you provide may be used by Meganet without obligation to you.
10. Warranty Disclaimer
Except as expressly stated in a written service agreement, all services are provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, Meganet disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.
11. Limitation of Liability
To the maximum extent permitted by law, Meganet’s aggregate liability arising out of or relating to these Terms or the services will not exceed the amount paid by you to Meganet for the affected service during the three (3) months preceding the event giving rise to the claim. Meganet will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.
12. Indemnification
You agree to defend, indemnify, and hold Meganet harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the services, your violation of these Terms or any law, or any content you transmit through the services.
13. Termination
Either party may terminate a month-to-month service with at least 30 days’ prior written notice. Term services are governed by the term commitments in the applicable order form, including any early-termination fees. Meganet may suspend or terminate service immediately, with or without notice, for non-payment, violation of these Terms or the Acceptable Use Policy, or to comply with legal requirements. Sections that by their nature should survive termination (including fees owed, intellectual property, warranty disclaimer, limitation of liability, indemnification, and governing law) will survive.
14. Governing Law and Disputes
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles. The parties agree to the exclusive jurisdiction of the state and federal courts located in Bristol County for any action arising out of or relating to these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction.
15. Changes to These Terms
Meganet may update these Terms from time to time. We will notify you of material changes by updating the "Effective Date" above and, where appropriate, by email. Continued use of the services after the effective date of a change constitutes acceptance of the updated Terms.
16. Contact
Questions about these Terms can be directed to Meganet using the contact information at the bottom of this page.