Service Description

Toll Free Service is an inbound service that terminates on a Business Line or Dedicated Access Line (DAL). This service enables the Customer to receive Toll Free calls at their place of business.

1. The Company reserves the right to require an applicant for Toll Free Service to supply the following information when requesting service: An initial traffic forecast, identification of anticipated busy hour volume, identification of its geographical marketing target areas, and a schedule of marketing and promotional activities. The Company may also require that the Customer submit a new traffic forecast quarterly after service is initiated.
   
2. The Company's Toll Free Service is furnished upon condition that the Customer contracts for adequate facilities to permit the use of this service without adversely affecting the service or any service rendered by the Company. The Company may terminate or refuse to furnish the Company's Toll Free Service to any applicant, without incurring any liability and without notice to the Customer, if the use of the service would interfere with or impair any service rendered by the Company.
   
3. The Customer must obtain an adequate number of access lines for Company Toll Free Services to handle the Customer's expected demand in order to prevent interference or impairment of this service or any other service provided by the Company considering: (1) total call volume; (2) average call duration; (3) time-of-day characteristics; and (4) peak calling period. The Company, without incurring any liability and without notice to the Customer, may disconnect or refuse to furnish Company Toll Free Service to any Customer that fails to comply with these conditions.
   
4. If the Customer requests assignment of a specific Toll Free Service telephone number, the Company may require the Customer to submit a number reservation agreement form to the Company. At no time may a Customer have more than ten (10) numbers reserved. Any reservation shall be for no more than fifteen (15) days and shall be subject to a reservation fee which will be credited to Customer's unpaid balance after the Company's Toll Free Service has been in actual and substantial use for a consecutive sixty (60) day period.
   
5. Use of numbers: Each Company Toll Free Service telephone number must be placed in actual and substantial use by the Customer. "Substantial use" shall mean a pattern of use that demonstrates intent on the Customer's part to employ the number for the purpose for which it was intended; namely, to allow callers to reach the Customer, as indicated, for example, by at least 30 average monthly minutes of use or more. Any Toll Free telephone number associated with the Company's Toll Free Service that has not been placed in actual and substantial use during the first sixty (60) day period after service activation may be recovered upon written notice to the Customer. Nothing in this Section, or in any other provision of this tariff, or in any marketing materials issued by or on behalf of the Company, shall give any person, including prospective Customers who have reserved Toll Free telephone numbers hereunder or Customers who subscribe to and use the Company's Toll Free Service or their transferee or assigns, any ownership interest or proprietary right in any particular Toll Free number; however, upon placing a number actually and substantially in use, as defined above, the Company's Toll Free Service Customers do have a controlling interest in this Toll Free number(s) for the term of their service contract with the Company. The Company Toll Free Service Customers may retain the use of their Toll Free number assignments, even following changes in their Toll Free carrier and/or Responsible Organization.
   
6. If a Customer places an order for the Company to carry Customer's already existing Toll Free number service, the Customer shall provide to Company the contact names, telephone number and address of the Customer's Responsible Organization (RespOrg). Upon subscription to the Company's Toll Free Service, the Customer may execute a Letter of Authorization to transfer RespOrg responsibility of its Toll Free number(s) to the Company's RespOrg If the Customer elects to retain a non-Company RespOrg, the Customer must notify the Company of any changes in the Customer's RespOrg in writing within 48 hours of the change. The Customer is responsible for all outstanding indebtedness for services provided by a previous RespOrg or Toll Free service carrier. The Company assumes no responsibility or liability with respect to any obligations of Customer to such previous service providers existing at the time of transfer to Company.
   
7. Subject to execution of a RespOrg Service Agreement between the Company and the Customer, the Company RespOrg will perform the function of RespOrg for all Company Toll Free Service orders unless the Customer requests another RespOrg. The Company's RespOrg functions include 1) search for and reservation of Toll Free numbers in the SMS/800; 2) creating and maintaining the Toll Free number Customer record in the SMS/800; and 3) provision of a single point of contact for trouble reporting.
   1. 1. Where the Company serves as the RespOrg for a Company Toll Free Service Customer, the Company will, at the Customer's request, subscribe to Toll Free Directory Listing for the Toll Free number(s) assigned to the Customer. A charge for Toll Free Directory Listings will apply as set forth in this Tariff. In the event that a Customer transfers its Toll Free service to another RespOrg, the Company shall cease to subscribe to Toll-Free Directory Listing Service on behalf of the Customer and the Customer is responsible for assuring that Toll-Free Directory Listing Service is maintained through the new RespOrg Customer is responsible for payment of any outstanding Toll-Free Directory Listing charges, including any unexpired portion of any minimum period applicable to such services, and the Company shall have no liability for any interruption or other delay, error, mistake, omission or other defect occurring in connection with the transfer of Toll-Free Directory Listing responsibility.
   2. Where the Company serves as the RespOrg for a Company Toll-Free Service Customer, it will, at the Customer's request, subscribe to Vertical Features obtained from Local Exchange Company access tariffs. When a Company Toll-Free Service Customer uses Vertical Features obtained by Company from Local Exchange Company tariffs, a charge will apply. This charge may not be counted toward the attainment of any volume or revenue commitment and will not be discounted.
   3. In the event that a Customer cancels its Company Toll-Free Service, the Customer may elect to retain the Company as its RespOrg Where the Company serves as RespOrg for a non-Company Toll-Free Service Customer, a charge for RespOrg Service will apply as set forth in this Tariff.
   4. In the event that a Customer cancels its Company RespOrg or Toll-Free Service, the Customer shall be responsible for all outstanding indebtedness to the Company and any outstanding charges applicable to any services obtained by or on behalf of the Customer by Company.
      
8. It is the Customer's responsibility to provide answer supervision back to the Company point of connection even when the Company Toll-Free Service is connected to switching equipment or a Customer-provided communications system. In such case, the equipment or system must provide appropriate supervision so that the measure of chargeable time begins upon delivery of the call to the Customer's switching equipment or communications system and ends upon termination of the call.
   
9. In accordance with FCC regulations, ANI shall only be used for billing and collection, routing, screening, and completion of the originating subscriber's call or transaction or for service directly related to the originating subscriber's call or transaction.

   The ANI shall not be reused or resold without first notifying the originating telephone subscriber and obtaining affirmative consent of the subscriber for reuse or resale.

   Unless the originating subscriber has given consent for the reuse or resale, any information provided shall not be used for any purpose other than:

   • performing the services or transactions that are subject of the originating subscriber's call;
   • ensuring network performance security, and the effectiveness of call delivery;
   • compiling, using and disclosing aggregate information; and
   • complying with applicable laws.

Toll Free Service Termination

Customers who terminate service prior to the end of the term of commitment will be liable for a termination liabilities equal to the monthly minimum billing commitment times the number of months remaining in the Customer commitment period through the expiration of the first year. If applicable, twenty-five percent (25%) of the balance remaining (monthly minimum billing commitment times the number of remaining months in the contract beyond the first year) will also be included (per service type). If the termination becomes effective after the completion of the first year, then the charge shall be equal to twenty-five percent (25%) of the balance remaining (monthly minimum billing commitment times the number of months remaining in the contract). The foregoing termination liability will apply unless the Customer immediately subscribes to another Company service with equal or greater term and minimum usage requirement commitments, and Customer continues to use such Company Service for a period of months equal to or greater than the number of months remaining in the term during which the conversion takes place.