1. Introduction

These Terms and Conditions ("Terms") govern your use of Lincoln Communications Group's hosted PBX services, voice solutions, and all related products and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Service Description

Lincoln Communications Group provides cloud-based communications services including but not limited to hosted PBX, voice solutions, IVR systems, global phone numbers, call recording, messaging services, and related telecommunications products. Our Services are intended for business use and are subject to availability and technical limitations.

3. Account Registration and Security

To use our Services, you must create an account, providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account. You must notify us immediately of any unauthorized use of your account or any other security breach.

4. Acceptable Use Policy

• Prohibited Activities: You agree not to use our Services for any illegal, harmful, fraudulent, infringing, or objectionable purposes. This includes but is not limited to:
• Making robocalls or engaging in auto-dialing without proper consent
• Sending unsolicited marketing calls or messages (spam)
• Harassing or threatening communications
• Phishing or other fraudulent activities
• Impersonating another person or entity
• Transmitting malware or other harmful code
• Violating any applicable laws or regulations

We reserve the right to suspend or terminate your account immediately if we detect any violations of our Acceptable Use Policy.

5. Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations, including but not limited to:

• Telephone Consumer Protection Act (TCPA)
• Federal Communications Commission (FCC) regulations
• Federal Trade Commission (FTC) regulations
• CAN-SPAM Act
• Do-Not-Call regulations
• Data protection and privacy laws

You are solely responsible for obtaining any required consents, maintaining required records, and ensuring all communications made using our Services comply with applicable laws.

6. Payment Terms

You agree to pay all charges associated with your account according to the pricing and payment terms in effect at the time. All payments are non-refundable except as expressly provided in these Terms.

• Billing: We bill in advance for subscription services and in arrears for usage-based services.
• Late Payments: Overdue amounts may result in service suspension or termination.
• Price Changes: We reserve the right to modify our prices with 30 days' notice.
• Taxes: You are responsible for all applicable taxes not explicitly included in our pricing.

7. Service Level Agreement

We strive to provide reliable, high-quality Services, but we do not guarantee uninterrupted or error-free service. Our Service Level Agreement (SLA) details our commitments regarding uptime, technical support, and remedies for service disruptions.

8. Data Privacy and Security

We take data privacy and security seriously. Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. You agree to our processing of your data as described in our Privacy Policy.

While we implement reasonable security measures, no system is completely secure. You are responsible for taking appropriate steps to secure your account and data.

9. Call Recording

If you use our call recording features, you are responsible for:

• Obtaining proper consent from all parties being recorded
• Complying with all applicable laws regarding call recording
• Properly notifying participants that calls may be recorded
• Securing and protecting recorded information

Laws regarding call recording vary by jurisdiction, and we make no representations about the legality of call recording in your specific location.

10. Intellectual Property

All content, software, and technology used to provide our Services are protected by intellectual property rights and remain the property of Lincoln Communications Group or our licensors. These Terms do not grant you any rights to our intellectual property except for the limited license to use our Services.

11. Third-Party Services

Our Services may integrate with third-party services. Your use of such third-party services is subject to their terms and conditions. We make no warranties regarding third-party services and are not responsible for their availability or functionality.

12. Limitation of Liability

To the maximum extent permitted by law, Lincoln Communications Group shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or related to these Terms or your use of our Services.

Our total liability for any claims arising from these Terms or your use of our Services shall not exceed the amounts you have paid us for the Services giving rise to the claim during the twelve months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless Lincoln Communications Group and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of our Services, your violation of these Terms, or your violation of any rights of another person or entity.

14. Service Modifications and Termination

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time. We may terminate or suspend your access to the Services immediately without notice for any violation of these Terms.

15. E911 and Emergency Services

Our voice services provide access to Enhanced 911 (E911) services, with limitations. You acknowledge that:

• E911 service may not work during power or internet outages
• E911 calls may not transmit correct location information
• You must register and keep your physical address updated
• You must inform users of your system about E911 limitations

We are not liable for any failure of emergency services due to these limitations.

16. Number Porting

While we facilitate number porting, we cannot guarantee successful porting in all cases. Number porting depends on third-party cooperation and regulatory requirements. You remain responsible for all obligations with your previous service provider.

17. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the state where Lincoln Communications Group is headquartered, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

18. Amendments to Terms

We may modify these Terms at any time by posting revised Terms on our website. Your continued use of our Services after such changes constitutes your acceptance of the revised Terms.

19. International Use

Our Services are designed to comply with U.S. laws and regulations. If you access our Services from outside the United States, you are responsible for compliance with all applicable local laws.

20. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions or policies published by Lincoln Communications Group, constitute the entire agreement between you and Lincoln Communications Group concerning our Services.

22. Contact Information

If you have any questions about these Terms, please contact us at:

Lincoln Communications Group
[email protected]
1-800-XXX-XXXX