Definitions

All capitalized terms used in these TOS shall be defined in accordance with the following definitions or as otherwise defined herein.
A.”911-Enabled Softphone” means a Softphone for which the Valley Electric/Valley Communications’ 911 Service is supported.
B. “Account” means the numbered account established with Valley Electric/Valley Communications that contains any of the following information: Your true, accurate, current, and complete personal name or business name, administrator name, billing address, shipping address, the address
where the Plan Services will primarily be used, the records of Your Digital Lines, subscriptions, and any Plan Services that You have purchased from Valley Electric/Valley Communications. Multiple services, Digital Lines, or End Users may be included in a single account.
C. “Account Data” means Registration Information, and the Valley Electric/Valley Communications -generated logs of calling activity stored within that Account.
D. “Account Security Incident” means any actual or suspected unauthorized activity, erroneous billing, or breach or compromise of any Password Information or the security or privacy Your Office Plan, an Account, or any Account Data.
E. “Admin Portal” or “Customer Portal” means the website through which the Customer enters Registration Information, may purchase and register additional IP Desk Phones or Softphones devices, purchase additional products or services, or make modifications to or control Customer’s
Valley Electric/Valley Communications Account in any other way.
F. “Customer Communications” means the content of calls, facsimiles, SMS messages, voicemails, voice recordings, conferences or other communications transmitted or stored through the Plan Services.
G. “Digital Line” means a digital voice line allowing the placement of external outbound calls and receipt of external direct inbound calls.
H. “EmbaNCGOed Area” means a country or region that is subject to a Canadian, United States, United Nations, or European Union embaNCGO or economic sanctions, including without limitations destinations designated by Foreign Affairs, Trade and Development Canada, the United States Government in Country Group E or Part 746 of the Export Administration Regulations (15 CFR Part 730-774), or otherwise subject to territorial sanctions under regulations administered by the Foreign Affairs, Trade and Development Canada, the United States Department of the Treasury, Office of Foreign Assets Control, or other governmental authorities with jurisdiction.
I. “End Point” means a point through which any End User might access and/or use the Plan Services, including without limitation all IP Desk Phones and all Softphones, instances of the Valley Electric/Valley Communications Mobile or Desktop Applications, and all devices or VoIP infrastructure on which any Softphone or such instance is installed or through which the Plan Services may be accessed or used.
J. “End User” means the user of a virtual extension or individual digital line set up within an Account or an individual assigned thereto by You or by Valley Electric/Valley Communications at Your direction or request.
K. “Export Control List” means any list maintained by the government of Canada, the United States or any other country of entities or individuals that are subject to export controls or economic sanctions, including without limitation the Foreign Affairs, Trade and Development Canada Export Control List, the United States Commerce Department’s Denied Parties List, Entity List, or Unverified List; the United States Department of the Treasury’s or the United States Office of Foreign Assets Control’s Specially Designated National List; Sectoral Sanctions List; Foreign Sanctions Evaders List; and similar lists of entities, organizations, or individuals subject to export control restrictions or economic sanctions that are maintained by other agencies of the Canadian Government, the United States Government, the United Nations, the European Union, or any other governmental authority with jurisdiction.
L. “Intellectual Property” means mean all common law and statutory rights (whether registered or unregistered, or recorded or unrecorded, regardless of method) arising out of or associated with: (i) patents and patent applications, inventions, industrial designs, discoveries, business
methods, and processes; (ii) copyrights and copyright registrations, and “moral” rights; (iii) the protection of trade and industrial secrets and confidential information; (iv) other proprietary rights relating to intangible property; (v) trademarks, trade names and service marks; (vi) a
person’s name, likeness, voice, photograph or signature, including without limitation rights of personality, privacy, and publicity; (vii) analogous rights to those set forth above; and (viii) divisions, continuations, continuations-in-part, renewals, reissuances and extensions of the foregoing (as
applicable).
M.”IP Desk Phone” means a telephony hardware device that uses VoIP to place and transmit telephone calls over an IP network.
N.”IP Rights” means any and all patents, copyrights, trademarks, service marks, trade secrets, and other Intellectual Property rights in the Plan Services or in any technology used in the provision thereof.
O. “Law” means any federal, national, municipal, local, state, or international law, statute, regulation, code, ordinance, or restriction; treaty or convention; or court or administrative ruling.
P. “Legal Process” means any court or administrative order, subpoena, civil investigation demand, warrant, or other official request, order, or process.
Q. “Marketing Communications” means occasional non-bulk sales-related communications, and any other communications solely or primarily designed to market products.
R. “Office Services” means the voice, online meeting, video conferencing, and related services, applications, and product integrations, together referred to as Valley Electric/Valley Communications Office.
S. “Office Plan” means the subscription You are purchasing for Valley Electric/Valley Communications Office services.
T. “Password Information” means any and all passwords, PINs, IVR PIN codes, security questions or answers, and other access-related credentials related to Your Plan Services or an Account.
U. “Plan Services” means the services purchased under these TOS or any contract between Customer and Valley Electric/Valley Communications, including but not limited to Office Services, Contact Center Services, Valley Electric/Valley Communications Fax services or Valley Electric/Valley
Communications Professional services, and any software or hardware used in conjunction with the subject services.
V. “Registered Address” means the address of the physical location where You will use the Valley Electric/Valley Communications Office service, including each IP Desk Phone and each 911-Enabled Softphone.
W. “Registration Information” means any information You or Your End Users may be required to provide in order to begin using or to update the Plan Services, activate features, or add or modify an individual line or extension (e.g., activating an Account or End User or provisioning a device).
X. “Valley Electric/Valley Communications Mark” means a United States and foreign trademark, service mark, copyright, or logo of Valley Electric/Valley Communications.
Y. “Valley Electric/Valley Communications Mobile Application” the Valley Electric/Valley Communications Office application for mobile devices.
Z. “Service Communications” means any communications related in whole or in part to the administration, support, use, Usage, development, or improvement of its services (including without limitation communications related to billing, payment, Usage, purchases and other transactions,
Customer Communications, upgrades, updates, installations, new products, security issues, support cases, and/or customer satisfaction.
AA. “Softphone” means an instance of the Valley Electric/Valley Communications Softphone desktop software application used to access the Plan Services.
BB. “Taxes” means all federal, state, local, and municipal sales, international excise, value-added, transactional, regulatory, and other taxes and assessments and other governmental fees, surcharges, levies or amounts (including without limitation charges related to the recovery of amounts
contributed to any contribution, universal service or other governmental fund or entity, whether or not such recovery is mandated by any Law).
CC. “Text-to-911” means the ability to send SMS messages to 911.
DD. “Third Party Mark” means a United States and foreign trademark, service mark, copyright, or logo of a third party.
EE. “Toll-Free Minute” means minutes of usage incurred on toll-free numbers assigned to an Account.
FF. “Usage” means Toll-Free usage, Local usage, Long-Distance usage, International Usage, and any other usage of an Account that could result in charges for calling, messaging, or other activity.
GG. “Voice/Text Feature” means any functionality or feature of the Plan Services that converts voice content to text content or vice versa.