Customer understands and agrees that the telephone numbers requested from 101VOICE may not be available, and that Customer is not the owner of any toll-free or local telephone numbers or facsimile numbers assigned to it by 101VOICE. Customer understands and agrees that 101VOICE may from time to time need to change the telephone or facsimile number(s) assigned to Customer (due to an area code split or for any other reason). Customer understands that unless Customer arranges with a new service provider to port Customer’s 101VOICE number to that new service provider, the number assigned to Customer will be reassigned upon termination of Customer’s Service. 101VOICE will not be liable for any damages (including consequential or special damages) arising out of any such reassignment. Customer agrees not to port its telephone numbers or Services to another telecommunications service provider without the express written consent of 101VOICE, which such consent shall not be unreasonably withheld, conditioned, denied or delayed throughout the Term. If Customer ports its telephone numbers or Services without the express written consent of 101VOICE, this shall be considered a material breach of the Agreement by Customer. Port out or disconnect requests will incur a five dollar ($5) per number charge. If, at Customer’s request, 101VOICE needs to cancel a porting number or snapback a porting number, the following fees shall apply: (i) cancellation of porting a number(s) within forty-eight (48) hours of an assigned FOC (Firm Order Commitment) date will be assessed a seventy-five dollar ($75) cancellation fee; (ii) a Customer initialized snapback will be assessed a three hundred dollar ($300) snapback fee; and (iii) if, in 101VOICE’s sole discretion, a cancellation is requested too late the port may have to be snapped back in which case Customer may be charged the difference between the cancellation fee and the three hundred dollar ($300) snapback fee. Customer acknowledges and agrees that the porting of a telephone number will not relieve Customer of its financial obligations set forth in the Agreement, and the Agreement, including but not limited to any applicable Service Orders, shall remain in full force and effect until properly terminated under the terms of “Termination” Section of the applicable CSO, Terms and Conditions of Service, or MSA.
Customer acknowledges and agrees that in the event that Customer subscribes to the 101VOICE directory listing service, the information that Customer provides in connection with such subscription (i) may be used or reproduced by, or disclosed to, third-parties and otherwise made publicly available, (ii) 101VOICE may not be able to have such information or listing removed, altered, updated, or corrected, and (iii) Customer and End Users may receive calls, messages, mailings, and other communications from third parties as a result of Customer participation in the 101VOICE directory listing service. Customer represents and warrants that all information provided by Customer or any End User related to any subscription to the 101VOICE directory listing service will be true, accurate, and up-to-date and that Customer shall promptly update any such information in the event that it changes or becomes inaccurate. Customer hereby authorizes and grants 101VOICE a worldwide, irrevocable, non-exclusive, royalty-free, fully paid-up license to use, disclose, transmit, publish, or publicize, in any medium or technology now or hereafter available, all information that Customer provides in connection with subscribing to, participating in, or using the 101VOICE directory listing service. Customer releases, discharges, and holds harmless 101VOICE from and against any and all liability relating to or arising from any publication or listing of information in connection with Customer’s subscription to the 101VOICE directory listing service and any third party’s use of the same.
