RingCentral^® Terms of Service

Date of Last Revision: October 5, 2009

These Terms of Service (“TOS”) constitute an agreement between RingCentral, Inc., a California corporation, and its subsidiaries, affiliates, agents, and/or licensors (“RingCentral”, “we” or “us”), and the end-user customer (“Customer”, “you” or “user”) for RingCentral’s telecommunication, facsimile, and related services (“Service” or “Services”) associated with your assigned toll free and/or local number account (“Account”). This TOS covers and applies to all of RingCentral’s free and paid service plans. This TOS supersedes all prior or contemporaneous communications and proposal, whether oral or written, between RingCentral and you with respect to the Services.

You are required to indicate your assent to this agreement through one or more mechanisms provided by RingCentral, (e.g. clicking on a button indicating your agreement to the TOS) before accessing the Services. This agreement incorporates the following information: RingCentral’s website Terms of Use; International Rates ; Service Plan Terms and Conditions, Reasonable Use Restrictions, and Privacy Policy THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICES; PLEASE READ IT CAREFULLY BEFORE INDICATING YOUR ASSENT.

1. ADDITIONAL AGREEMENTS

Your use of the Services may be governed by one or more other agreements with RingCentral in addition to the terms set forth herein. If you access the Services through RingCentral’s website (the “website”), you hereby agree to be bound by the website terms of use, available at. If you access Services through RingCentral’s Call Controller™ software, you are required to agree to the End User License Agreement for that software, available here.

2. 911 CALLING NOT AVAILABLE IF YOU DO NOT SUBSCRIBE FOR RINGCENTRAL DIGITALLINE VOIP SERVICES.

The RingCentral Call Controller is downloadable software that acts as a graphical user interface (GUI) on your computer. The Call Controller allows you to control inbound calls by, among other things, accepting and answering inbound calls, sending the inbound calls to voicemail, and responding to an inbound call using RingCentral’s interactive voice response (IVR) system. The Call Controller also allows you to access your RingCentral account to view your call-logs, change your user preferences, etc. However, absent RingCentral DigitalLine VoIP Services, the RingCentral Call Controller does not allow you to place outbound calls. Therefore, RingCentral Call Controller does not offer 911 or emergency calling unless you subscribe to RingCentral DigitalLine VoIP Services.

• If you do not subscribe to RingCentral DigitalLine VoIP Services, you must make alternative arrangements to place 911 calls using your landline, mobile or cell phone and should not rely on RingCentral for 911 calling capability.
• If you do subscribe to RingCentral DigitalLine VoIP Services, you are advised that 911 calling using RingCentral DigitalLine VoIP Services is different than traditional 911 calling and subject to certain limitations and restrictions described more fully below in Availability and Limitations of 911 Service in the Supplemental Terms of Service for RingCentral® DigitalLineSMVoIP Services for Canada. You are hereby advised to carefully fully read the Supplemental Terms of Service for RingCentral® DigitalLineSMVoIP Services for Canada if you subscribe to RingCentral® DigitalLineSMVoIP Services.

RINGCENTRAL DOES NOT OFFER 911 OR EMERGENCY CALLING UNLESS YOU SUBSCRIBE TO RINGCENTRAL DIGITALLINE VOIP SERVICES. YOU UNDERSTAND AND AGREE THAT YOU CANNOT USE THE RINGCENTRAL SERVICES TO CALL 911 OR FOR EMERGENCY CALLING. You understand and agree that no RingCentral Service is a replacement for your traditional telephone service. You agree to separately maintain wireless or traditional wireline telephone service that will enable you to call 911. Specifically, you agree that you will purchase, with a third-party separately from RingCentral, traditional wireless or wireline telephone service that offers access to 911 emergency calling and any other applicable emergency services.

You agree that RingCentral, its directors, officers, employees, subsidiaries and assigns may not be held liable for any claim, damage, or loss (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third-party user arising from any attempt to dial 911 or make an emergency call using RingCentral Services.

You waive all claims and causes of action against RingCentral, its directors, officers, employees, subsidiaries and assigns, arising from or relating to any attempt to dial 911 or make an emergency call using RingCentral Services, unless the claims or causes of action arise from RingCentral’s gross negligence, recklessness, or willful misconduct. Some jurisdictions do not permit certain limitations of liability, so certain of the foregoing waivers may not apply to you.

3. REGISTRATION PROCEDURES

Upon signing up for the Service, you agree to provide true, accurate, current and complete name, contact information, and other data to RingCentral and at subsequent times as requested by RingCentral. If you provide information that is, or that RingCentral suspects to be, false, inaccurate, not current, or incomplete, RingCentral has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof, except where prohibited by law. At all times, you shall maintain and promptly update registration data as applicable.

Upon completion of all registration information and acceptance of this TOS, RingCentral will provide you with, as applicable, a password, user ID, and/or PIN and telephone number. You are solely responsible for maintaining the confidentiality of your password and PIN, and, at all times, you will be solely responsible for all transactions and activities that occur as a result of your disclosure of such password and/or PIN, even if such transactions and/or activities were not authorized by you. You are solely liable for any transactions or activities that occur on your Account. You shall immediately notify RingCentral if any unauthorized use of your Account or any other breach of security has occurred. In no event shall RingCentral be liable for any unauthorized use of your Account.

4. CUSTOMER REPRESENTATIONS

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this TOS. You represent and warrant that you have made and will maintain at all times wireless or traditional wireline telephone service that will enable you to call 911 and any other applicable emergency service number. You agree to be financially responsible for your use of the Services, including the authorized or unauthorized use of your account by others. In order to use the Service, you agree, at your sole expense: to (1) provide and be responsible for payment for all equipment necessary to establish a connection to the Internet and/or to the Publicly Switched Telephone Network (“PSTN”), as may be required to use the Service; (2) provide for access to the Internet and/or PSTN and pay any Internet connection service fees associated with such access; (3) supply and pay for all phone service features required for your use of the Service; and (4) pay us for the Service.

5. SERVICE AND PRODUCT DESCRIPTIONS, PRICING, AND AVAILABILITY

With respect to its offering of information, services, and products, RingCentral attempts to describe its offerings as accurately as possible. Nevertheless, RingCentral does not warrant that information, service and product descriptions, service or product availability, or other content of its website (the “Site”) is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or causes that a service or product offered on the Site may be mispriced, described inaccurately, or unavailable. Except where prohibited by law, in the event that a service or product is or is determined by RingCentral to be mispriced or described inaccurately, RingCentral reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. You agree to notify RingCentral immediately if you become aware of any pricing or descriptive errors or inconsistencies with any services or products you order through the Site and comply with any corrective action taken by RingCentral.

6. AUTHORIZED USES; PROHIBITED USES

You understand and agree to use the Service only for lawful purposes and that you shall not, at any time, use the Service for any illegal, improper or abusive purpose or in any way which interferes with our ability to provide Service to other customers, prevents or restricts other customers from using the Service, or damages any RingCentral or other customer's property. Prohibited uses include, but are not limited to:

• Behavior that is obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, or invasive of another’s privacy.
• Sending unsolicited messages or advertisements, including email, voicemail or faxes (commercial or otherwise) (“spamming”), or otherwise sending bulk and/or junk email, voice mail, or faxes.
• Harvesting or otherwise collecting information about others, including email addresses, without their consent.
• Knowingly transmitting any material that contains viruses, time bombs, trojan horses, worms, or any other programs that may be harmful or dangerous.
• Creating a false Caller ID identity (“ID spoofing”) or forged email address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services.
• Transmitting any material that may infringe the intellectual property rights or other rights of third parties.
• Violating any U.S., Canadian or foreign law regarding the transmission of technical data or software exported through the Service.

You further understand and agree that:

• You shall be solely liable for any transmissions sent through the Service and that RingCentral has no control over the content of any transmission.
• You will abide by all applicable RingCentral Terms of Service, policies and procedures.
• You shall not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
• You shall not interfere with other customers’ or third-parties’ use and enjoyment of the Service or use the Service in any manner which disrupts, prevents or restricts any other customer from using the Service.
• Your use of the Service is subject to all applicable local, provincial state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising).
• You are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.

7. RINGCENTRAL’S PROPRIETARY RIGHTS

RingCentral owns and shall at all times retain sole and exclusive right, title and interest to the Service, including all intellectual property rights thereto, including without limitation with respect to all technology used in connection with or provided as part of the Services. All rights not expressly granted under this TOS are retained by RingCentral. Any new features provided by RingCentral shall also constitute “Services” and shall be subject to this TOS.

You may not, and shall not allow any third party to, copy, distribute, sell, resell, license, sub-license, reproduce, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services and/or any of RingCentral’s technology or software for any purpose whatsoever.

8. CHARGES, PLAN CREDITS AND CHARGEBACKS

Generally. You are responsible for paying all charges for your Account, including but not limited to, toll-free, local, long distance and directory assistance charges, and for all taxes and surcharges imposed on you or us as a result of your use of the Service. All fees and charges related to the Service are listed on the Service Plans section of the Company’s website, available here. These fees and charges, include the your monthly service charge for the Service, the cost of any additional overage minutes, termination and transfer fees, any applicable government taxes, fees and assessments and any administrative fees charged by RingCentral in connection with maintaining the Service and/or assessing or collecting such government taxes, fees and assessments. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit card information on file. RingCentral also reserves the right to charge termination and transfer fees consistent with each plan’s terms and conditions.

Plan Credits. RingCentral offers several different Service plans. Some of the plans provide for a fixed number of monthly credits. Credits may be used for domestic or international calling and faxing; however, all credits are quoted for domestic minute usage. Rates for international calling may differ. All credits available for use with the Services, including bonus minutes and/or other promotional incentives (e.g., “tell-a-friend” credits) and the like (collectively “Plan Credits”), have no monetary value. Plan Credits may only be redeemed by the holder of the Account to which the Plan Credits have been credited, and may not be sold, transferred, or assigned, or used by another user or with another user’s Account. Upon termination of your Account for any reason, all unused Plan Credits shall expire in their entirety and no refund or pro-ration shall be made for any unused Plan Credits.

International Calling. Because Plan Credits are quoted for domestic minute usage, you may be charged additional Plan Credits and/or additional rates may apply if you use your Plan Credits for international calling. RingCentral’s current international rates may be found on the RingCentral’s website under “International Rates” by clicking here. You are advised to refer to your specific Service plan details regarding all domestic and international charges and all other terms and conditions of your Service plan.

Fraudulent or Erroneous Charges. RingCentral strongly encourages you to contact RingCentral directly in cases of suspected fraud or error involving your account. In most cases, RingCentral can correct fraudulent or erroneous charges without bank or credit card company intervention. If you suspect fraud or discover erroneous charges on your RingCentral account, please contact RingCentral customer support at 1 (888) 898-4591. When you contact customer support, please have the following information available: (a) your name, contact information, and the RingCentral Account telephone number in question, (b) the date that the Account in question was created, (c) the credit card account number used to open the Account, and (d) the total amount charged to the Account. If you request that your bank/credit card perform a chargeback without first contacting RingCentral and RingCentral subsequently determines that the charges at issue are not erroneous or fraudulent, RingCentral reserves the right to take any available legal action except where prohibited by law.

9. BILLING AND PAYMENT

Any applicable initiation charges, usage and monthly recurring charges and fees are billed in full in advance. Termination and transfer charges are billed in arrears. Upon termination of your Account for any reason, all unused Plan Credits shall expire in their entirety and no refund or proration shall be made of any unused Plan Credits or of any remaining periods/months on any pre-paid Service plan except where prohibited by law.

When you subscribe to our service, you will provide us with a payment method, such as a valid credit card, and, if applicable, authorize us to collect from your payment method. Any authorization will remain valid until 30 days after you terminate our authority to charge your payment method. We will then charge you any disconnection fee and any other outstanding charges and disconnect your service. You will advise us of any changes to your payment method, such as credit card account number or expiration date changes. Time is of the essence for payment. Therefore, you agree to pay us interest at the lesser of (a) 18% per annum or (b) the highest amount allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of our rights to collect the full amount due.

Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorations to charges to your Account.

10. EQUIPMENT RETURNS

• your use of the Services violates or has at any time violated or it is determined by RingCentral that your use of the Services violates or has at any time violated this TOS or any other applicable agreement between you and RingCentral, including the Call Controller™ End User License Agreement, or Website Terms of Use.
• you have created or caused to be created or it is determined by RingCentral that you have created or caused to be created multiple free accounts.
• such action is necessary or is determined by RingCentral to be necessary to maintain or improve the Services, to prevent fraud or misrepresentation by affirmative acts and/or omissions, to protect other users or third parties, or for any other good cause.
• For any other reason RingCentral would restrict access to the Services, including but not limited to compliance with requests by law enforcement or other government agencies.

Upon any termination, RingCentral may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files, information, or the Services.

RingCentral shall not be liable to you or any third party for any reason for terminating your use or access to the Services.

If you or RingCentral terminates your right to use the Services, you shall not be entitled to any refund or pro ration of any pre-paid amounts or credits, subject to applicable laws.

Plan Credits purchased by you will remain effective and shall not expire for as long as your Account is active and in good standing, as determined by RingCentral in its sole discretion.

17. WARRANTY DISCLAIMER

THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND RINGCENTRAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF CANADA OR ANY PROVINCE THEREOF. RINGCENTRAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY YOU.

RINGCENTRAL MAKES NO WARRANTY ON UP-TIME, MEAN-TIME BETWEEN FAILURES, QUALITY OF SERVICE OR THE QUALITY OF VOICE OR FAX COMMUNICATIONS.

RINGCENTRAL MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. RINGCENTRAL IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL. RINGCENTRAL IS NOT RESPONSIBLE FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD PARTY NETWORK USED IN CONNECTION WITH THE SERVICES.

RINGCENTRAL DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND RINGCENTRAL WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RINGCENTRAL, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT VOICEMAILS AND FAX TRANSMISSIONS ARE SECURE, RINGCENTRAL MAKES NO GUARANTEES OF SECURITY.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

18. LIMITATION OF LIABILITY

IN NO EVENT SHALL RINGCENTRAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. RINGCENTRAL’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE MONTHLY FEES RINGCENTRAL CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

19. INDEMNIFICATION

You shall indemnify and hold harmless RingCentral, its directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and damages resulting from (1) any negligent acts, omissions or willful misconduct by you, (2) your use of the Services, (3) any breach of this TOS by you, and/or (4) your violation of any law or of any rights of any third party. The provisions of this section are for the benefit of RingCentral and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Some jurisdictions do not allow or limit certain customer indemnifications, so certain of the foregoing indemnifications may not apply to you or may be limited in accordance with applicable legislation.

20. PRIVACY

RingCentral’s Privacy Policy describes how RingCentral handles personal information, including information that may be obtained when you access the Site. You expressly consent to all terms of RC’s Privacy Policy, specifically but not limited to collection, use and disclosure of personal information as set out in the Privacy Policy. RingCentral’s Privacy Policy is available here.

21. FUTURE CHANGES TO THIS AGREEMENT

RingCentral may update these Terms of Service from time to time. All elements in this Agreement are subject to amendment from time to time. The intervals in which RingCentral may propose an amendment is weekly. The amendment proposal will be provided to you at least thirty (30) days but no more than ninety (90) days before the date on which the amendment shall take effect. Upon such amendment, you have the option of either terminating this Agreement or retaining the existing agreement unchanged. Your continued use of the Site after changes have been posted constitutes agreement to the updated terms and conditions.

You agree that you are solely responsible for (i) making sure that your registered email account is current and functional, (ii) checking your registered electronic mail on a daily basis, and (iii) making sure that RingCentral communications are not blocked or rendered undeliverable by you, your computer, any software installed on your computer, your Internet service provider or for any other reason.

The modified TOS shall supersede all previously agreed to electronic and written terms of service, as well as any prior versions of this TOS.

22. COPYRIGHT INFRINGEMENT

Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent or received using the Service for purposes of determining copyright infringement. However, except where prohibited by law, RingCentral reserves the right to terminate access to its Services if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the Services if a user is or is determined by RingCentral to be a repeat infringer.

23. FORCE MAJEURE

RingCentral shall be excused from any delay or failure in performance hereunder, other than the payment of monies, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war or government requirements.

24. NOTICES

Notices to you shall be effective when sent by email to the email address provided to us or, at our option, 3 days following the date deposited in regular United States Mail, postage prepaid, addressed to your address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to us shall be effective when directed to our Legal Department and received at our then-current address as posted on our website. Your notice must specify your name and Account information. All notices from you to RingCentral must be made in writing.

25. GENERAL INFORMATION

THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE RINGCENTRAL SERVICES. SOME JURISDICTIONS DO NOT ALLOW GOVERNING LAW PROVISIONS, SO CERTAIN OF THE FOREGOING GOVERNING LAW PROVISIONS MAY NOT APPLY TO YOU.

If any part of this TOS is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.

The failure of RingCentral to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision.

You agree and acknowledge that any breach of the provisions regarding intellectual property ownership contained in this TOS shall cause RingCentral irreparable harm and RingCentral may obtain injunctive relief as well as seek all other remedies available in law and in equity.

You may not transfer or assign this TOS or any of your rights under this TOS. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this TOS shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives.

The provisions of this TOS relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this TOS for any reason.

The U.N. Convention for the Sale of Goods shall not be applicable to your purchase of RingCentral Services.

The section titles in this TOS are for convenience only and have no legal or contractual effect.

This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

26. DISPUTE RESOLUTION

You agree that any disputes between you and RingCentral shall be adjudicated in the state and federal courts of the State of California, U.S.A. Venue for all claims and disputes between you and RingCentral shall be the county of San Mateo, State of California. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction.

27.Contacting Us

If you have any questions, comments or concerns about this TOS Agreement, please e-mail us at legal@ringcentral.com, or call us at 1 (800) 574-5290. Or you can write to us at:

**The following Supplemental Terms of Service only apply if you have subscribed for RingCentral® DigitalLineSMVoIP Services.

Supplemental Terms of Service for RingCentral® DigitalLineSMVoIP Services for Canada

Date of Last Revision: October 5, 2009

Date of Last Revision: August 2009

These Supplemental Terms of Service for RingCentral DigitalLineSMVoIP Services (“TOS”) constitute an agreement between RingCentral, Inc., and its subsidiaries, affiliates, agents, and/or licensors (“RingCentral”, “we” or “us”), and the end-user customer (“Customer”, “you” or “user”) for RingCentral’s DigitalLine voice-over-internet protocol service (“DigitalLine”, "VoIP” or “VoIP Service”).

You are required to indicate your assent to this TOS agreement through one or more mechanisms provided by RingCentral, (e.g. clicking on a button indicating your agreement to the terms of use) before accessing RingCentral’s DigitalLine service.

RingCentral’s DigitalLine services are available only as an additional feature provided in connection with RingCentral’s telecommunications and facsimile services. Your use of RingCentral’s DigitalLine services are subject to RingCentral’s Terms of Service governing those services, available at here (the “General TOS”), as well as to the additional terms below. RingCentral’s DigitalLine service shall also be considered a RingCentral “Service” as that term is used in the General TOS.

1. GRANT OF RIGHTS

RingCentral hereby grants you a worldwide, non-exclusive, non-transferable, revocable license and right to install one VoIP line per device for each user. For clarification, while you are permitted to register multiple VoIP lines on one RingCentral Online account, only one (1) user is permitted to use each VoIP line. If you want to allow multiple users to use VoIP, you will need to purchase a separate VoIP line for each user.

2. CHARGES AND PLAN CREDITS

Downgrade Fee. RingCentral offers several different plan options for DigitalLine service. You may change your DigitalLine service plan at any time; however, a one-time processing fee of $10 applies when “downgrading” an existing plan to one with fewer minutes and/or features. In addition, certain plans may entitle you to receive discounts on equipment used in connection with RingCentral’s DigitalLine services. If you receive any equipment discounts associated with a DigitalLine service plan and subsequently change that plan to one that does not feature those discounts, you agree to reimburse RingCentral for those discounts.

Equipment Returns. All equipment obtained from RingCentral in connection with DigitalLine services is subject to RingCentral’s cancellation and return. Please also be aware that if you purchased a RingCentral Office service plan and you cancel the RingCentral Office service plan prior to the end of your initial term, cancellation, termination or phone, hardware and other equipment fees may apply. You hereby authorize RingCentral to charge your credit card, and you hereby agree to be liable for all such fees, costs and charges in accordance with RingCentral’s cancellation and return policy.

Plan Credits. RingCentral offers a number of different service plans with monthly credits, as well as credits, bonus minutes, and other promotional incentives (collectively “Plan Credits”). Plan Credits may be used for DigitalLine calling; however, all credits are quoted for domestic DigitalLine usage. Rates for international calling may differ. All credits available for use with the DigitalLine have no monetary value. Plan Credits may only be redeemed by the holder of the Account to which the Plan Credits have been credited, and may not be sold, transferred, or assigned, or used by another user or with another user’s Account. Upon termination of your Account for any reason, all unused Plan Credits shall expire in their entirety and no refund or pro-ration shall be made for any unused Plan Credits.

3. REASONABLE USE

Unusually high usage of the DigitalLine Service attributable to one or more individual accounts may impair RingCentral’s ability to provide the Services and/or indicate misuse of the Services. Accordingly, as with all of RingCentral’s services, DigitalLine Service is subject to reasonable use restrictions described in the General TOS and herein. As with all RingCentral Services, reasonable use means that your use of the DigitialLine Service does not materially impair RingCentral’s ability to provide DigitalLine Services to other users. For “unlimited” RC Office Service plans, reasonable use means that, in addition to any other restrictions on your use of RingCentral’s Services set forth herein or in the Terms of Service, your use of the DigitalLine Service does not exceed 10,000 minutes per DigitalLine line per month. Except where prohibited by law, RingCentral reserves the right to immediately disconnect, suspend or modify your DigitalLine Service or bill you at our normal “per minute” rates for any excess minutes if your use of the DigitalLine Service violates (or it is determined by RingCentral that your use of the Service violates) this reasonable use policy. Further, it is not reasonable use for you to use an “unlimited” DigitalLine Services in a call-center, for chat-lines and similar type services or to connect to a PBX.

4. DIALING 911 AND REACHING EMERGENCY RESPONSE SERVICES

Availability and Limitations of 911 Service. You may use RingCentral’s DigitalLine VoIP Service to reach emergency response services by dialing 911. Because RingCentral DigitalLine VoIP 911 Service operates differently than traditional 911 service, there are circumstances under which 911 may not be available or may be in some way limited in comparison to traditional 911 service. Such circumstances include:

• Internet connection failure. If the connection to the Internet over which your RingCentral DigitalLine VoIP service is provided were interrupted, you would not have access to RingCentral DigitalLine VoIP service during that interruption and therefore would not have access to 911 service during that interruption.
• Relocation of your DigitalLine VoIP equipment. If you relocate your IP phone, ATA with traditional phone, or DigitalLine VoIP equipment (other than highly portable devices, which are discussed below) that you use to access your RingCentral DigitalLine VoIP service, you must update your Registered Location. Calls call you make using RingCentral DigitalLine VoIP will be routed to the national call center where a trained agent will assist you in reaching the proper PSAP. RingCentral will route all 911 calls to the National Emergency Call Center. Emergency personnel do not automatically receive your phone number or physical location when your 911 call is routed to the National Emergency Call Center and therefore, you must be prepared to provide your current location and phone number when you dial 911. You must not disconnect the call unless told to do so, and you should call back if the call is disconnected. Keep your service address up to date. RingCentral will attempt to provide the emergency operator with your service address, so please ensure that your information on file with us is always accurate and updated. If you do not do this (for example, if you are unable to speak during a 911 call), the emergency operator may assume that you are calling from the last registered address. Once you notify us of a change in your Registered Location, there may be a delay in making the new Registered Location available to properly route 911 calls and to advise national call centers of your Registered Location.
• Highly-portable devices and the National Emergency Call Center. Highly-portable devices are physical phone devices such as Wi-Fi phones or your RingCentral Call Controller™ softphone. Highly-portable devices do NOT include VoIP services. Calls from highly-portable devices will be routed to the national call center where a trained agent will assist you in reaching the proper PSAP. RingCentral will route all 911 calls to the National Emergency Call Center. Emergency personnel do not automatically receive your phone number or physical location when your 911 call is routed to the National Emergency Call Center and therefore, you must be prepared to provide your current location and phone number when you dial 911. You must not disconnect the call unless told to do so, and you should call back if the call is disconnected.
• Loss of electrical power. Unless you have a backup system to power both your Internet connection and any device (PC with Call Controller softphone, IP phone, ATA with traditional phone, or other device) that you use to access your RingCentral DigitalLine VoIP service, you will not have phone service or 911 service during any power outage. Because access to RingCentral DigitalLine VoIP service via any battery powered device such as a PC with Call Controller softphone requires an Internet connection, 911 service will not be available unless you have a backup system to power your Internet connection even if your device can still operate using battery power.

Your use of the DigitalLine Service is subject to our privacy policy, which contains restrictions, limitations and confidentiality terms related to the collection, use and protection of confidential and customer information.

8. LINE-NUMBER PORTABILITY.

You may port your DigitalLine number in accordance with the Company’s line-number portability policy

9. BREACH OF CTRC RULES.

Your use of the DigitalLine Service is subject to all rules and regulations promulgated by the Canadian Radio and Telephone Commission (CRTC). Except as otherwise prohibited by applicable law, if and as directed by the CRTC, RingCentral will terminate the DigitalLine Service on any customer that breaches the CRTC's rules on unsolicited telecommunications.

10. ADDITIONAL TERMS OF SERVICE.

Your use of the DigitalLine Service is subject to all of the terms and conditions contained in RingCentral’s Terms of Service and Privacy Policy (, including the following: billing frequency and payment policy; disconnection policy; security deposit policy (if and as adopted from time to time); policy on directories; RingCentral’s name and address; toll-free number for further information or complaints; billing date; due date for payments; interest rate applicable to late payments; information concerning 9-1-1 and MRS; information concerning privacy protection (availability of privacy safeguards and treatment of confidential information). Upon request, RingCentral will also provide customers with the following information: local calling area boundaries; details of all service options with applicable prices; details of potentially applicable service charges; policy on access to enhanced service providers; available special needs services; information respecting privacy.

11. ALTERNATIVE BILLING AND SERVICE FORMATS.

Upon request, RingCentral shall provide billing and services information in alternate format (normally via telephone / voice) to customers who are blind.

The parties confirm that it is their wish that this Agreement as well as all other documents relating to this Agreement, including notices, be drawn up in English. Les parties aux presentes confirment que c’est leur volonte que la presente convention de meme que tous les documents, y compris les avis, s’y rattachant, soient rediges en anglais.

You hereby confirm, accept and acknowledge that RingCentral does not support any of the following privacy safeguards with respect to its DigitalLine VoIP Service: delivery of a privacy indicator when invoked by an end-customer; provision of automated universal per-call blocking of calling line identification; provision of per line call blocking of qualified end customers; disallowance of Call Return to a blocked number; and the provision of universal call trace.

Copyright 2009 RingCentral, Inc. All rights reserved