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  1. High Risk Use
    You acknowledge that your plan services are not designed, intended, manufactured, or recommended for use for any high-risk or fail-safe purpose or activity or in any environment in which failure, interruption, error, malfunction, or unavailability could result in substantial liability or damages, physical harm or personal injury, death or dismemberment, or damage to property or environment. You hereby represent and warrant that you and any end users will not use the plan services for any such purpose or activity or in any such environment.
  2. Customer Legal Compliance
    You represent and warrant that all use and usage of the Plan Services and Account(s) will comply at all times with all applicable Laws, including but not limited to the rules, regulations and policies of the Federal Communications Commission (“FCC”), and all Laws relating to telemarketing; Do-Not-Call provisions; unsolicited marketing; faxing; email marketing; telemarketing; spamming or phishing; data security or privacy; account or debt collection; international communications; recording of calls or conversations; export of technical or personal data; export control; end user, end-use, and destination restrictions enacted by the United States or foreign governments; trade practices; consumer protection; false advertising; pornography; unfair competition; harassment; defamation; anti-discrimination; intellectual property; or securities.
  3. Unsolicited Advertisements and TCPA Compliance
    Certain telecommunication practices-including without limitation, the placing of unsolicited calls; the sending of unsolicited facsimile, internet facsimile, SMS, or other messages; the placing of commercial messages; and the use of certain automated equipment to place certain calls-are regulated in the United States by the Federal Telephone Consumer Protection Act of 1991 (also known as the “TCPA”) (available at http://www.fcc.gov/document/telephone-consumer-protection-act-1991M), the Junk Fax Prevention Act of 2005, and under numerous related state, municipal or local laws, codes, regulations, rules and ordinances.You agree, represent and warrant that:

    1. You are the creator of the content, and are solely responsible for determining all destination(s) and recipient(s), of any and all outbound communications conducted using Your Plan Services (“Customer Communication”);
    2. All content, communications, information, data, files, and other content furnished for transmission through Your Account and Office Plan, or the Plan Services, shall be provided solely for lawful purposes, and in no event shall any Customer Communication or any content thereof be in breach of the TCPA, Junk Fax Prevention Act, or any other Law; and
    3. No unsolicited commercial messages, advertisements, marketing or promotional materials, solicitations, or commercial messages or content shall be transmitted or distributed in the form of facsimiles or internet facsimiles via the Plan Services.At Valley Electric/Valley Communications’ sole discretion and without further notice, Valley Electric/Valley Communications may utilize technologies and procedures, including without limitation, filters that may terminate or block such unsolicited advertisements without delivering them. You hereby agree to indemnify and hold harmless Valley Electric/Valley Communications, and any third-party provider(s) from any and all third-party claims, damages, fines, losses, or penalties arising:
      1. out of Your violation or alleged violation of the TCPA or Junk Fax Prevention Act or any similar Law or regulation; or
      2. otherwise related to any voicemail, text, and/or fax spam, commercial messages or solicitations that You may send and/or receive while using the Plan Services.
    4. Export Restrictions
      You hereby acknowledge and agree that any software and/or hardware used in conjunction with Your Plan Services may be subject to Canadian, United States and other foreign Laws and regulations governing any export, re-export, and/or transfer of software either by physical or electronic means. You agree, represent, covenant, and warrant that:Neither You nor any User (nor any person or entity that controls You or any User):

      1. is located in an Embargoed Area or enumerated on any Export Control List or
      2. will export or re-export any Valley Electric/Valley Communications software or hardware into any Embargoed Area or to any organization, person, or entity on any Export Control List, or to any person, organization, or entity subject to economic sanctions owing to ownership or control by any such person, organization, or entity, without prior authorization by license, license exception, or license exemption; and
      3. the Plan Services and Valley Electric/Valley Communications software and/or hardware will not be Used or accessed from any Embargoed Area.
    5.  Recording Conversations or CallsCertain features or functions of the Plan Services may permit You or users of Your Plan Services to record calls or other communications. The notification and consent requirements pertaining to the recording of calls and other communications may vary by state, municipality, locality and/or country. You should consult an attorney prior to recording any call as some governments may require callers or users to obtain prior consent from all parties to any recorded call, or other communication, before the caller or User may record the call, or other communication.You hereby represent, covenant, and warrant that You will examine all applicable Laws before You use or permit use of the Plan Services to record any calls or other communications and shall at all times comply with all applicable Laws. You hereby agree to advise all users of Your Account that they are obligated to comply with all Laws pertaining to the use of the call recording feature. Violations of call recording Laws may be subject to criminal or civil penalties.Valley Electric/Valley Communications expressly disclaims all liability with regards to Your recording of telephone conversations and other communications that fall under Laws pertaining to the recording thereof. You agree to indemnify and hold harmless Valley Electric/Valley Communications, and any third party provider(s) from any and all third-party claims, damages, fines, losses, or penalties arising from Your violation or alleged violation of any communication recording Laws.Valley Electric/Valley Communications disclaims all liability and all warranties with respect to recording of calls and/or conversations.
    6. Prohibited Use of the Plan Services.
      Neither You nor any Plan Services User may use or allow use of Your Plan Services in any of the following ways:

      1. in any manner or for any purpose that is deceptive, fraudulent, dishonest, malicious, abusive, threatening, harassing, obscene, tortious, improper, libelous, slanderous, defamatory, or in violation of any Law;
      2. to intentionally send or transmit unsolicited or “spam” or “junk” advertisements, messages (commercial or otherwise), or communications without consent, including without limitation through email, SMS, voicemail, facsimile, or internet facsimile;
      3. to harvest or otherwise collect information regarding others, including without limitation email addresses or personally-identifiable information, absent their consent;
      4. to intentionally engage in broadcasting or blasting bulk communications, messages (e.g. sending numerous messages simultaneously), or advertisements, including without limitation through email, SMS, voicemail, facsimile, or internet facsimile;
      5. to carry out auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place outbound calls) in violation of applicable Law;
      6. to transmit any communication in violation of any applicable Law, including but not limited to the Telephone Consumer Protection Act, the Junk Fax Prevention Act of 2005, the rules governing the Do Not Call Registry, Canadian Unsolicited Telecommunications Rules, or any other applicable Law.
      7. to intentionally transmit or store any material that contains viruses, Trojan horses, worms, time bombs, malware, spyware, or any other programs, applications or materials that may be harmful or dangerous;
      8. to transmit misleading or inaccurate caller ID information with the intent to cause harm, defraud, or wrongfully obtain anything of value, including by creating a false Caller ID identity or a forged email/SMS header or address, or by otherwise attempting to misinform others as to the identity of the sender or as to the origin of any outbound Customer Communication;
      9. to infringe, misappropriate, or otherwise violate the foreign or domestic Intellectual Property Right or proprietary right of any party, including without limitation by transmitting or storing any material that might infringe upon, misappropriate, or violate otherwise any such right;
      10. to violate the right of privacy, publicity or personality of any party, including without limitation by transmitting or storing any material that might violate any such right;
      11. to violate any Law regarding the transmission of information or software or technical data through the Plan Services;
      12. in any manner that interferes with Valley Electric/Valley Communications ‘ ability to provide a high level of products or services to other customers;
      13. to store PHI; or if You qualify as a “covered entity,” “business associate,” or “subcontractor” under HIPAA (or similar terms under similar legislation in other jurisdictions) or if you are otherwise subject to HIPAA, to transmit, receive, or store PHI without the Valley Electric/Valley Communications “Communications HIPAA Conduit” setting being active and in effect. A breach of obligations in this Section constitutes a material breach of these Terms of Service or Your Office Agreement, as applicable, such that Valley Electric/ Valley Communications may terminate the Agreement immediately, suspend service, or take any other action Valley Electric/Valley Communications deems necessary to enforce the terms of this Section;
    7. Prohibited Acts
      You represent, covenant, warrant, and agree that neither You nor any End User(s) shall do any of the following during the Term:

      1. transmit, upload, distribute in any way, or store any corrupted file or material that contains worms, time bombs, Trojan horses, viruses, malware, spyware, or any other programs or materials that may be harmful or dangerous or may impair the operation of the Plan Services or another party’s computers, devices, equipment, systems, or networks;
      2. take advantage of, exploit, bypass, or otherwise avoid Your obligations or the provisions, prohibitions, and restrictions set forth in this Section 6, or attempt to do so;
      3. interfere with or otherwise disrupt networks or systems connected to the Plan Services;
      4. sell; resell; distribute; lease; import; export; or otherwise grant or purport to grant rights to third parties with regard to the Plan Services, and any hardware or software used in conjunction with the Plan Services or any part thereof without Valley Electric/Valley Communications prior written consent;
      5. display or use of any Valley Electric/Valley Communications Mark in any manner in violation of Valley Electric/Valley Communications then-current policies concerning its trademark and logo usage or without Valley Electric/Valley Communications express, prior written permission, to be granted or denied in Valley Electric/Valley Communications sole discretion,
      6. display or use of any Third Party Mark without obtaining the prior, written consent of the owner of the Third Party Mark; undertake, direct, cause, attempt, permit, or authorize the modification, creation of derivative works, translation, decompiling, disassembling, hacking, or reverse engineering of the Plan Services or any software and/or hardware used in conjunction with the Plan Services, or parts thereof;
      7. disable, circumvent, or defeat any protection mechanism in relation to the Plan Services;
      8. capture, sniff, intercept, emulate, monitor, modify, decrypt, or redirect any communication or data used by Valley Electric/Valley Communications for any reason, including without limitation by causing any product to connect to any computer server or any other device not authorized by Valley Electric/Valley Communications or in any manner without obtaining prior written authorization by Valley Electric/Valley Communications;
      9. permit any service provider or other third party- with the sole exception of Valley Electric/Valley Communications authorized maintenance providers acting with the express, prior authorization of Valley Electric/Valley Communications -to use or execute any software commands that facilitate the repair or maintenance of any software or hardware used in combination with the Plan Services;
      10. gain access to or use (or attempt to gain access to or use) any account, plan, device, network, or system in any unauthorized manner (including, without limitation, through password mining);
      11. engage in or allow trunking or forwarding of Your Valley Electric/Valley Communications telephone or facsimile number to (an)other number(s) with the capability to handle multiple simultaneous calls, or to a private branch exchange (PBX) or key system; or
      12. violate or take any action to limit, jeopardize, or interfere with Valley Electric/Valley Communications’ IP Rights, including without limitation their IP Rights in any and all software and hardware used in conjunction with the Plan Services.Any breach of the obligations outlined in this Section constitutes a material breach of these TOS or Your Office Agreement, as applicable, such that Valley Electric/Valley Communications may suspend service, terminate Your Agreement immediately, or take any other action Valley Electric/Valley Communications deems necessary to enforce the terms of this Section.