Terms and Conditions

Definitions

“You," "your," and "Customer" mean the person, company, or business that subscribes to Communication Services or purchases or leases Equipment. "We," "our," "us," and "ICON" refer to ICON Communications, Inc. and its subsidiaries and affiliates. "Communication Service(s)" or "Service(s)" refer to the communication services you have asked us to provide to you. "Service Order" means the form (whether paper or electronic) on which you apply for Services and includes certain terms and conditions of the Services such as the length of time you will subscribe to them, rate plans, access charges, choice of long distance carrier, and the Equipment you have selected. "Equipment" means any communications equipment or accessories you purchase or lease from us.

Term

• Fixed Term. You agree to subscribe to the Services for the length of time identified on the Service Order. The Services you receive after the end of the term will be provided on a month-to-month basis.
• Month-to-Month Term. If no length of time is identified on the Service Order, then the term is month-to-month.

Termination By You

• Fixed Term. If you subscribe to a Service for a fixed term and you terminate the Service before the end of the term, or if you do not honor any advance notice of termination requirement, then you will be required to pay us an early cancellation fee in the amount determined by us, including but not limited to the difference between the charges and the term discount provided or specified on your Business Services Agreement or Service Order or any forms with service activation or order. In addition, you remain liable for payment of all outstanding charges for all Services you used and Equipment you purchased prior to termination.
• Month-to-Month Term. You may terminate a Service to which you subscribe on a month-to-month basis with a 30 days written notification prior to termination. You remain liable for payment of all outstanding charges for all Services you used and Equipment you purchased prior to termination.
• Bundled Services. If you receive special rates in return for subscribing to multiple Services ("bundling") and you subsequently unbundled, terminate, or disconnect any of these Services at any time, then we may adjust the rates for the remaining Service(s).
• Change in Location. A change in your service address or the location to which any Service is provided to you may constitute your termination of that Service.

Termination By Us
We may interrupt or terminate a Service:

• if you do not honor any provision of these Terms and Conditions (including payment obligations),
• if you use a Service in a manner that adversely affects Service to other customers or harasses our customers or employees or
• if you or others use a Service to engage in fraud or unlawful conduct or are suspected of doing so.

We may restore such interrupted or terminated Service, in our sole discretion, following correction of the violation and payment of any amounts due, including any restoration charge we assess for restoring your service.

Payment Terms.

You agree to pay all monthly fees and installation charges, including applicable franchise fees, taxes, customer service fees, late fees and door collection fees. Monthly fees will be billed one month in advance. If payment is not received by the due date, late fees and/or collection charges may be assessed and the Service may be terminated. You may incur charges including, without limitation, charges relating to the purchase of "premium" services, such as Personal WebSpace, business class services, or access to certain gaming sites in addition to those billed by ICON. All such charges, including all applicable taxes, are your sole responsibility. You may be required to pay a reconnect fee and/or a security deposit in addition to all past due charges before the Service is reconnected.  You agree to pay costs and fees we incur to collect an unpaid balance from you.

Credit And Deposits

You authorize us to ask credit-reporting agencies for credit information about you. We may, in our discretion, require you to submit a deposit as security for payment of charges. An additional deposit may be required if either the amount or number of Services is increased or your credit rating changes. Simple interest will be paid on the cash deposit for the period it is held by us and will be refunded if satisfactory credit has been established or upon termination of service. We reserve the right to apply the deposit to any amount due and unpaid. We may require a guarantee of payment by an individual or entity approved by us.

Privacy and Customer Proprietary Network Information

You authorize us to monitor and record communications to us regarding your account or the Services for purposes of quality assurance. We will not give you notice of any subpoenas or court orders related to your account or use of Services unless required by law. Information in our billing and customer care systems concerning your account and your use of Services belongs to us, and you have no expectation of privacy with respect to such information. We may analyze your account and usage information and share this information with other ICON entities. We will not share this information with other companies. If you do not want us to use your information internally, please notify us.

Voice over IP Service Features and waiver of regulatory charges

VoIP is an Internet service as such features and services are non-regulated or not considered as a utility. There will be no charges on Emergency 911, Line Recovery Charges, Deaf Fund, Local Number Portability Charges, state and federal Universal Service Fund and state and federal taxes.  ICON shall also provide all telephony features as well as call features at no additional charges as these features are also non-regulated.  

Limitations of Voice over IP Service(s) and Product(s)

VoIP service(s) and Product(s) is an Internet Service and as such it is a non regulated service.  VoIP service is neither regulated by the FCC or by the Oklahoma Corporate Commission.  ICON shall provide services such as Emergency 911 and Operator Assisted Calling but it is not obligated or is not mandatory to be provided by regulation or by law. Operator Assisted Calling, is fully functional services and will be billed on a per call basis.  Emergency 911 is an available service for the Oklahoma City Area but will require customer to provide, the address of the location you are dialing the emergency call from.  Lifeline Service (ie. Availability of telephone service in the event of a power failure) will not be available because VoIP service(s) is dependant on the electrical power to the Internet communications devices and VoIP devices.  Customer may port current numbers to VoIP services for Local Number Portability to ICON as a VoIP Provider.  However, the porting of telephone numbers out from ICON to another provider at current time will not be available but will be available in the near future.

Disclaimer of Warranties and Limitation of Liability.

You expressly agree that ICON is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another’s rights including, without limitation, privacy and intellectual property rights. THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER ICON, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS. ICON DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. ICON AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE, OF THE LICENSED SOFTWARE, THE SERVICE, THE EQUIPMENT FURNISHED BY ICON, OR ICON’S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE ICON INSTALLER, TECHNICIAN OR CUSTOMER SERVICE REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS OF WHETHER OR NOT ICON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ICON’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE ICON FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. ICON IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive remedy under this Agreement are as expressly set forth herein. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.

About These Terms and Conditions

BY USING ANY ICONCOMMUNICATIONS SERVICES OR EQUIPMENT, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.  If you are a new Customer and do not wish to be bound by these Terms and Conditions, do not begin using the Services or Equipment and notify us immediately. With respect to current Customers, we may change these Terms and Conditions at any time if we give you advance notice of the changes. You accept the changes if you use Services or Equipment after you receive our notice. If you do not accept the changes, you may terminate your Agreement by giving us notice, in which case you will not be subject to an early cancellation fee. You will still be responsible for all charges for Service and Equipment made before you terminated your Agreement.

Indemnification.

You agree to indemnify and hold ICON, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on ICON. ICON will notify you within a reasonable period of time of any claim for which ICON seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to ICON's interests, as reasonably determined by ICON.

About Tariffs

Your Agreement and ICON's provision of Communications Services are subject to the provisions of any applicable federal or state tariffs.

Entire Agreement

These Terms and Conditions, together with the Service Order and any applicable tariff, are the entire Agreement between you and us, which may only be amended as described above. These Terms and Conditions supersede any inconsistent or additional promises made to you by any of our employees or agents.

Assignment

We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent.

No Waiver; Severability

If we do not enforce any right or remedy available under this Agreement, that failure is not a waiver. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.

Arbitration

Any dispute arising out of this Agreement or relating to the Services and Equipment must be settled by arbitration administered by the American Arbitration Association. Each party will bear the cost of preparing and prosecuting its case. We will reimburse you for any filing or hearing fees to the extent they exceed what your court costs would have been if your claim had been resolved in a state court having jurisdiction. The arbitrator has no power or authority to alter or modify these Terms and Conditions, including the foregoing Limitation of Liability section. All claims must be arbitrated individually, and there will be no consolidation or class treatment of any claims. This provision is subject to the United States Arbitration Act.

Changes to Terms and Conditions

Icon has the right to change or amend these Terms and Conditions at any time in order to comply with changes in applicable law or to implement orders of regulatory agencies or a court with jurisdiction and Customer agrees to be bound by the same.  For any other changes regarding service affecting conditions and/or amendments to this agreement regarding further detail explanation of the Terms and Conditions, Icon will provide Fourteen (14) days advance notification if it adversely affects Customer services.  Customer has the right to terminate this Service Agreement by notifying Icon in writing within 30 days.