This Acceptable Use Policy and User Agreement (“User Agreement” or “Agreement”) shall govern your access to and use of any telecommunications relay services provided by GlobalVRS Communications, Inc. (“GlobalVRS,” “we” or “us”), including but not limited to Video Relay Service (“VRS”), Internet Protocol Relay (“IP Relay”), or other IP-based relay services (collectively, “IP-based Relay Services”). This Agreement also explains actions that GlobalVRS may take in response to uses that it deems unacceptable. By accessing or using GlobalVRS’s IP-based Relay Services, you agree to the terms and conditions set forth in this Agreement. Please read this Agreement in its entirety.
1. General Terms and Conditions
- GlobalVRS’s provision of telecommunications relay services is governed by section 225 of the Communications Act of 1934, as amended, and applicable rules and orders adopted by the Federal Communications Commission. Under this governing law, IP-based Relay Services are currently provided at no cost to users, and you therefore may use these services for free to place and receive as many calls using GlobalVRS’s IP-based Relay Services as you wish.
- You may access and use GlobalVRS’s IP-based Relay Services only for lawful purposes, consistent with the terms and conditions of this Agreement. You agree not to use GlobalVRS’s IP-based Relay Services to distribute any content or materials that violate any applicable law.
- You agree not to use GlobalVRS’s IP-based Relay Services for any abusive, pornographic, lewd, obscene, harassing, fraudulent or unlawful purposes. GlobalVRS reserves the right to investigate any such misuse of GlobalVRS’s IP-based Relay Services or breach of this User Agreement.
- You agree not to infringe on any individual or entity’s intellectual property rights, or other proprietary rights, including, but not limited to, infringement of materials that are subject to trademark, copyright, patent and trade secret protection. GlobalVRS respects the intellectual property of others and requires that you do the same. You may not store material of any type or in any format on, or disseminate such material over, GlobalVRS’s systems or servers in any manner that infringes on any intellectual property right. You also may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes on any of the aforementioned intellectual property rights.
- You agree not to interfere with GlobalVRS’s ability to provide IP-based Relay Services to other customers, nor may you use IP-based Relay Services in a way that impinges on any other user or his or her enjoyment or use of GlobalVRS’s IP-based Relay Services.
- You understand and hereby acknowledge that your use of GlobalVRS’s IP-based Relay Services, including to place or receive a call or to leave a SignMail® (video mail) message, may require your image and/or voice to be transmitted over the Internet. You further understand that due to the nature of the Internet, any privacy right, copyright or other right or interest in your voice, image or likeness may be lost with respect to any specific transmission as a result of such transmission. You authorize and specifically grant permission to GlobalVRS to transmit your voice, likeness and/or image over the Internet solely for the purpose of providing GlobalVRS’s IP-based Relay Services, and further release and agree to hold GlobalVRS harmless from any and all responsibility for any loss of rights and/or interests resulting from transmission of your voice, image and/or likeness over the Internet. The foregoing shall not be construed as consent to the use of your voice, image or likeness for purposes other than use of GlobalVRS’s IP-based Relay Services. You agree not to record, forward, post on the Internet, or transmit the voice, image, and/or likeness of the relay interpreter in any way for any purpose, or to store, retrieve, use, or facilitate the use of, the voice, image, and/or likeness of the relay interpreter in any way other than as necessary to permit the provision of IP-based Relay Services, including SignMail® service.
- You agree not to violate or breach in any way the security of GlobalVRS’s Web site or IP-based Relay Services. The following types of computer intrusions are prohibited, including, but not limited to, disseminating or planting viruses, causing a denial of service attack which interferes with access by authorized users, retrieving personal or proprietary information, or causing the transmission of any other program, information, code or command that may damage the integrity or availability of data, a program, a system or information. Any such intrusions may result in criminal or civil liability.
- GlobalVRS reserves the right to immediately terminate, suspend, restrict, or cancel your use of GlobalVRS’s IP-based Relay Services without advance notice in the event that GlobalVRS becomes aware that you are or may be breaching the prohibitions of this User Agreement. GlobalVRS will investigate and actively address any potential violations of the Agreement, including any attempts to disrupt the communications services that Deaf, hard-of-hearing, and speech-disabled users rely upon for access to IP-based Relay Services. GlobalVRS may disclose to the full extent permitted by law any suspected use of its IP-based Relay Services that GlobalVRS reasonably believes is unlawful or injurious to the rights, property or safety of GlobalVRS, its employees, users and/or members of the public.
- If a GlobalVRS VP-100® or VP-200® Videophone has been assigned to you, your use of that Videophone, including to place or receive a VRS call, shall be governed by GlobalVRS’s “VP-100 Premium GlobalVRS VRS® Service & Products Agreement / VP-200 Premium GlobalVRS VRS® Service & Products Agreement” (“VP Agreement”). In the event of any conflict between the terms and conditions of this Agreement and the VP Agreement, the VP Agreement shall govern and control.
2. Advisory regarding 10-Digit Numbering and 911 Calls
You may request one or more ten-digit telephone number(s) in conjunction with your use of GlobalVRS’s VRS or IP Relay services. By obtaining one or more telephone number(s) from GlobalVRS, you are selecting GlobalVRS as your “default” provider of VRS or IP Relay. This means that all VRS or IP Relay calls to and from your ten-digit telephone number(s) will be routed, by default, though GlobalVRS VRS or IP Relay.
GlobalVRS offers two types of functionally equivalent ten-digit telephone numbers that you can use with GlobalVRS VRS: ten-digit DirectVP and local ten-digit telephone numbers. Ten-digit DirectVP numbers are toll free numbers. Local ten-digit numbers indicate the geographic location, or “area code,” where a user lives or works. If you would like to request one or more ten-digit numbers for VRS, call GlobalVRS by dialing 877-326-3877. GlobalVRS similarly may offer you the ability to obtain one or more ten-digit telephone numbers for IP Relay service.
As your default provider, GlobalVRS must comply with various legal requirements. GlobalVRS will (i) obtain from you the physical location from which you will access GlobalVRS VRS or IP Relay service (also known as your “Registered Location”); (ii) give you an easy way to update your Registered Location information if it changes, without cost or additional equipment; and (iii) route all emergency 911 calls placed by you via GlobalVRS VRS or IP Relay to the appropriate emergency personnel and transmit the call-back number and other required information.
You may transfer (or “port”) your ten-digit number(s) to a default provider other than GlobalVRS. If you have already obtained a ten-digit telephone number from a VRS or IP Relay provider other than GlobalVRS, but would like to select GlobalVRS as your default provider, you may port your telephone number to GlobalVRS. To do so, please contact GlobalVRS at 877-326-3877.
Once you have selected GlobalVRS as your default provider, you can place an emergency call by dialing 911 using GlobalVRS VRS or IP Relay service accessed via your computer or a videophone provided to you by GlobalVRS. To ensure that your 911 call is routed to the right emergency response center and that the emergency response center knows where to send assistance, your default provider needs to know the physical address (i.e., the Registered Location) from which you are placing the emergency call. If you have chosen GlobalVRS as your default provider, it is critical that you inform GlobalVRS of your Registered Location and give GlobalVRS advance notice of any subsequent changes to your Registered Location. For example, if you are planning to move to a new address where you will use your computer or videophone to place VRS and/or IP Relay calls, you must register that new location with GlobalVRS. Please note that it can take several hours or, in some cases (e.g., if there is an error in your Registered Location), longer to activate 911 service at an initial or new Registered Location. If you have not already done so, you can inform GlobalVRS of your initial or new Registered Location by calling 877-326-3877 from your GlobalVRS VP-100® or VP-200® or other videophone. GlobalVRS will confirm receipt of your Registered Location or any updates to it that you submit to GlobalVRS. If you move to a new address without having given GlobalVRS sufficient advance notice, any 911 call you make from your videophone or computer may be directed to the wrong emergency authority or may transmit the wrong address.
For more information about ten-digit telephone number(s) for VRS and IP Relay, see the FCC’s Consumer Advisory on “New Ten-Digit Numbering and Emergency Call Handling Procedures for Internet-Based Telecommunications Relay Services,” located at http://www.fcc.gov/cgb/consumerfacts/trstendigit.html.
Unless otherwise noted, this Agreement assumes that you have chosen GlobalVRS as your default provider of VRS or IP Relay for any telephone number(s) assigned to you by GlobalVRS. In the event that you fail to select a default provider by June 30, 2009, GlobalVRS will no longer be able to complete non-emergency IP-based Relay Service calls for you without first registering you.
3. WAIVER OF LIABILITY FOR EMERGENCY CALLS.
GlobalVRS recommends that you maintain an alternative means of making an emergency call to 911 (for example, through a traditional text telephone (“TTY”) or, if a TTY is not available, a standard telephone) in the event that you are unable to use GlobalVRS’s VRS or your video relay equipment for any reason (for example, for one of the reasons discussed below). In the event that you use GlobalVRS’s IP-based Relay Services to make a 911 call, GlobalVRS is not liable for any claim, damage or loss arising from your use of its IP-based Relay Services to facilitate that call. Specifically, GlobalVRS is not liable in tort, contract, or otherwise for any personal injury, property damage, or death arising out of or related to use of its IP-based Relay Services to make a 911 call, or the provision of any IP-based, video remote, or in-person interpreting services incidental to or in conjunction with such a call, including but not limited to an act or omission involving (1) the development, design, installation, operation, maintenance, performance, or provision of any equipment or facility that permits you to use GlobalVRS’s IP-based Relay Services, or any IP-based, video remote, or in-person interpreting services provided in connection with a 911 call or the provision of emergency services; (2) misinterpretation, mistakes, interruptions, delays, transmission errors, network outages, failures, defects, technical difficulties, acts of God, or other occurrences, regardless of the source of the occurrence, that may arise in the course of transmitting or handling 911 calls or providing emergency services; and (3) release to a public safety answering point, designated statewide default answering point, appropriate local emergency authority, emergency medical service provider or emergency dispatch provider, public safety, fire service or law enforcement official, or hospital emergency or trauma care facility of user information related to 911 calls or the provision of emergency services. In addition, GlobalVRS is not liable for any damages arising from your failure to provide GlobalVRS an accurate, up-to-date Registered Location. For information about how to update your Registered Location, please refer to section 2 above.
Furthermore, consistent with Federal law, GlobalVRS in its role as an emergency communications service provider, shall have immunity or other protection from liability in a State of a scope and extent that is not less than the scope and extent of immunity or other protection from liability accorded any local exchange company under Federal and applicable State law (whether through statute, judicial decision, tariffs filed by such local exchange company, or otherwise).
NOTICE OF LIMITATIONS FOR 911 CALLS.
Even though you have selected GlobalVRS as your default provider, you may make and receive relay service calls, including 911 calls, using any provider. If, however, you have chosen GlobalVRS as your default provider but place a 911 call through an IP-based Relay provider other than GlobalVRS, GlobalVRS will have no control over the manner in which the other provider will handle, process, or route the call. GlobalVRS thus cannot ensure that the other provider will handle the call in accordance with the FCC’s emergency calling rules or that the call and your location will be automatically routed to the appropriate emergency personnel.
If you use GlobalVRS’s IP-based Relay Services to place a 911 call, you should be aware that any such use is subject to significant limitations and risks.
First, GlobalVRS may not automatically be able to obtain your location information or route your call to the appropriate emergency personnel if (i) you use GlobalVRS’s IP-based Relay Services to place a 911 call, and you have not provided GlobalVRS an up-to-date Registered Location; (ii) you have not chosen GlobalVRS as your default provider; or (iii) your Registered Location is not served by the Wireline E911 network or is not available to GlobalVRS. Furthermore, in these circumstances, if you are incapacitated or otherwise unable or unwilling to give the GlobalVRS interpreter your address, GlobalVRS may not be able to obtain your location information and give it to appropriate emergency personnel, although GlobalVRS will use its best efforts to do so.
Second, even if you have provided GlobalVRS an up-to-date Registered Location, it can take several hours or, in some cases (e.g., if there is an error in your Registered Location), longer to activate 911 service at this address. If you place a 911 call from an address before activation of 911 service for that address, GlobalVRS may not automatically be able to obtain your location information and/or route your call to the appropriate emergency personnel.
Third, you may not be able to place a 911 call if equipment provided to or used by you fails to function.
Fourth, you may not be able to use GlobalVRS’s IP-based Relay Services to place a 911 call if an act beyond our control (including an act of God) has occurred, including one or more of the following:
- a broadband network outage or power outage has occurred, or Internet service has been degraded for another reason, including congestion, interruptions, or technical problems that may affect your ability to access the Internet
- your broadband or ISP service has been cancelled, suspended or terminated for any reason (including for failure to pay or other reasons); or
- your use of relay service equipment, including a GlobalVRS VP-100® or VP-200® Videophone, has been terminated, suspended, restricted, or cancelled, or such equipment has been disabled.
Finally, 911/E911 is only available for a call placed from a location within the United States or one of its territories or possessions.
You agree that GlobalVRS shall not be responsible or liable for any claims or causes of action that arise from your use of GlobalVRS’s IP-based Relay Services. Further, you agree to indemnify and hold GlobalVRS and its shareholders, officers, directors, employees, agents, independent contractors, and affiliated entities harmless from and against all costs, fees, expenses, and damages of any nature whatsoever related to any such claims, including court and arbitration costs, attorneys’ fees, and the costs of other professionals, unless such claims are solely based on GlobalVRS’s willful misconduct. This provision will continue to apply after this User Agreement ends.
5. Disclaimer of Warranties and Limitations on Liability
- GlobalVRS will not be liable for any cost or damage arising either directly or indirectly from your failure to comply with this Agreement, including your use or misuse of GlobalVRS’s IP-based Relay Services, or GlobalVRS’s termination, suspension, restriction, or cancellation of your use of its IP-based Relay Services, and/or GlobalVRS’s retrieval or disabling of its VP-100® or VP-200® Videophone.
- Except as expressly provided in this Agreement, and then only to the extent provided, GlobalVRS makes no warranties or representations of any kind regarding GlobalVRS’s IP-based Relay Services, and GlobalVRS disclaims any and all warranties, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, performance, or non-infringement. GlobalVRS also makes no warranties that its IP-based Relay Services will be uninterrupted or error-free. GlobalVRS does not authorize anyone, including, but not limited to, GlobalVRS’s employees, independent contractors, agents or representatives, to make a warranty of any kind on GlobalVRS’s behalf and you should not rely on any such statement.
- In no event shall GlobalVRS, or its shareholders, officers, or directors, be liable for punitive, reliance, or special damages, or for indirect or consequential damages, including but not limited to lost profits or revenue or increased costs of operation. These limitations apply even if the damages are foreseeable or we are told they are possible, and they apply to any negligence claim that does not involve willful misconduct or intentional misconduct no matter how that claim is styled or on what legal grounds (such as contract, tort, statute, misrepresentation) it is based. GlobalVRS will be liable for no more than the amount of direct damages to the person or property.
- As explained in GlobalVRS’s Special Disclaimer, GlobalVRS does not represent, warrant, or guarantee that its relay interpreters meet the various interpreting requirements mandated by the laws of any states, or that its interpreters are trained, authorized, or certified to provide IP-based Relay Services pertaining to any particular area of expertise, including medical, mental health, or legal. GlobalVRS’s Special Disclaimer can be obtained by written request to GlobalVRS, 3700 Commerce Blvd, Suite 110, Kissimmee, FL, 34741
- For limitations of liability with respect to Emergency Calls, please refer to the “WAIVER OF LIABILITY FOR EMERGENCY CALLS” section 3 above.
7. Notice of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any content on any of GlobalVRS’s Web sites or systems infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on GlobalVRS’s Web sites or other systems; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached as follows:
3700 Commerce Blvd
Kissimmee, FL 34741
PHONE: (877) 326-3877
8. Dispute Resolution
You and GlobalVRS agree that this Section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury or through a class action. You continue to have certain rights to obtain relief from a federal or state regulatory agency.
- Binding Arbitration. The arbitration process established by this Section is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. All disputes (except those subject to separate FCC procedures) arising out of or related to this Agreement or the IP-based Relay Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any product, service or advertising having a connection with this Agreement or the IP-based Relay Services. The arbitration will be conducted by one arbitrator using the procedures described by this Section of the Agreement. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect.The arbitration of any dispute shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.No dispute may be joined with another lawsuit, or, in arbitration, with a dispute of any other person, or resolved on a class-wide basis. The arbitrator may not award damages that are barred by this Agreement. You and GlobalVRS both waive any claims for an award of damages that are excluded under this Agreement.
- Arbitration and Filing Procedures.Before you take a dispute to arbitration, you must first write to us at GlobalVRS Communications, Inc., c/o Legal Dept., 3700 Commerce Blvd, Kissimmee, Florida 34741, U.S.A., and give us an opportunity to resolve the dispute. Similarly, before GlobalVRS takes a dispute to arbitration, GlobalVRS will first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or GlobalVRS is notified by the other of a dispute, then either party may submit the arbitration to the AAA. Information about the AAA, the arbitration process, and the AAA’s Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org.Any claim or dispute arising out of the IP-based Relay Services or relating to this Agreement must be brought within two (2) years after the date the basis for the claim or dispute first arises.Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys’ fees and expenses for witnesses, document production and presentation of evidence. The prevailing party in arbitration may seek to recover the AAA’s fees and the expenses of the arbitrator from the other party.
- Notwithstanding anything in this Agreement, all actions arising from or pertaining to this Agreement and all disputes between the parties shall be initiated, maintained, and resolved in Florida, in the State of Florida, U.S.A.
- This section of the Agreement shall continue to apply after the Agreement ends.
9. Governing Law
This User Agreement is governed by the laws of the State of Florida, U.S.A., without regard to its choice of law rules, except that the arbitration provisions of this Agreement will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the use of the GlobalVRS IP-based Relay Services. All actions arising from or pertaining to this Agreement and all disputes between the parties shall be initiated, maintained, and resolved in Florida, in the State of Florida.
10. Export Restrictions
You agree not to use the IP-based Relay Services to export software or any information or product in violation of export laws, control laws and regulations of the United States and other countries, including to any person or entity that has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You shall comply with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation of technical or personal data. You warrant and represent that neither the Bureau of Industry and Security (BIS) nor any other U.S. federal agency has suspended, revoked or denied your export privileges. You agree to notify GlobalVRS if you become subject to any such order.
- GlobalVRS will not be responsible to you for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, terrorism, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.
- GlobalVRS may assign its rights and duties under this Agreement to any party at any time without notice to you. In the event of an assignment, GlobalVRS shall have no obligations to you under any duties that may have been assigned. You may not assign this Agreement without our prior written consent.
- This Agreement constitutes the entire agreement between you and GlobalVRS and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral, regarding the IP-based Relay Services. No written or oral statement, advertisement, or service description not expressly contained or incorporated by reference in the Agreement will be allowed to contradict, explain, or supplement it, except pursuant to the “Changes to this User Agreement” section below.
- Neither you nor GlobalVRS is relying on any representations or statements by the other party or any other person that are not included in this Agreement.
- You agree that, in the event you breach, or threaten to breach, any term or condition of this Agreement, GlobalVRS shall immediately be entitled to seek all remedies available to it, at law and in equity.
- In the event that it becomes necessary for GlobalVRS to seek injunctive relief, GlobalVRS shall not be required to post a bond or other security.
- If any part of this User Agreement is found invalid or unenforceable, the rest of the Agreement will remain valid and enforceable. Any failure by GlobalVRS to insist upon or enforce any provision of this Agreement will not be construed as a waiver of any provision or right. The part that is found invalid shall be replaced with valid terms under law that most closely match the intent of the parties as manifest by this Agreement.
- This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. This “Miscellaneous” section of the Agreement will continue to apply after the Agreement ends.
12. Changes to this User Agreement
GlobalVRS will update this User Agreement if our practices change or if the law requires changes to it. You should review this agreement regularly for changes, and can easily see if changes have been made by checking the Effective Date below. If you do not agree to the terms of the User Agreement or any revised GlobalVRS policy, you should exit the site and cease use of all GlobalVRS’s IP-based Relay Services immediately. Your continued use of GlobalVRS’s IP-based Relay Services following the posting of any changes to the User Agreement means you agree to be bound by the terms of this Agreement.
The User Agreement was last updated and is effective as of December 31, 2008.
13. Questions and Feedback
Please submit any questions or feedback regarding this policy to GlobalVRS by mail at GlobalVRS, Inc., 3700 Commerce Blvd, Kissimmee, FL 34741 U.S.A.