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Updated February 25, 2008

HAMILTON RELAY, INC.
TERMS & CONDITIONS
FOR USE OF INTERNET-BASED
RELAY SERVICES

NOTE: USE OF ANY INTERNET-BASED RELAY SERVICES OFFERED BY HAMILTON CONSTITUTES: (a) ACCEPTANCE OF THESE TERMS AND CONDITIONS; AND (b) A REPRESENTATION THAT YOU, THE USER, ARE EITHER HARD OF HEARING OR DEAF, OR OTHERWISE HAVE A PHYSICAL CONDITION NECESSITATING THE USE OF A RELAY SERVICE.

911 CALLS — IF YOU HAVE AN EMERGENCY YOU SHOULD USE YOUR TELEPHONE OR TTY TO CALL YOUR LOCAL EMERGENCY SERVICE NUMBER DIRECTLY. THE NATURE OF INTERNET-BASED TELECOMMUNICATIONS RELAY SERVICES DOES NOT ALLOW HAMILTON TO RECOGNIZE YOUR LOCATION AND THE SERVICES SHOULD NOT BE USED FOR EMERGENCY CALLS.

1. Definitions

  • "Hamilton" means Hamilton Relay, Inc. or any related company, and their respective subcontractors and suppliers.
  • "Service" means any internet-based relay service Hamilton offers, including without limitation, Hamilton Internet Relay Service ("Hamilton Instant Relay" or "Hamilton Internet Relay"), Hamilton Video Relay Service ("Hamilton Video Relay"), and Hamilton Web CapTel Service ("Hamilton Web CapTel").
  • "TRS" means telecommunications relay service.
  • "User" means a customer using any of the above Services.

2. Description of Services

  1. Hamilton Internet Relay allows the User to place a telephone call to the communication assistant ("CA") by use of the Internet to a standard phone user. Hamilton Internet Relay also allows standard phone users to initiate a call.
  2. Hamilton Video Relay allows the User to place a telephone call to a Hamilton Video Relay Interpreter by use of the Internet to a standard phone user. Hamilton Video Relay also allows standard phone users to initiate a call. The User and Hamilton Video Relay Interpreter use sign language to communicate.
  3. Hamilton Web CapTel allows the User to place a telephone call to a captioned telephone service by use of the Internet to a standard phone user. Hamilton Web CapTel makes use of speech to text recognition to provide captions of a call to the User while allowing the User to hear what they can and speak their portion of the call directly to the standard phone user.
  4. Users will be able to place domestic local, toll call and long-distance TRS calls to anywhere in the United States. International and 900 calls are not currently allowed.

3. Technical Requirements

  1. Requirements for using Hamilton Internet Relay are:
    • Operating system – Windows XP
    • Browser – Internet Explorer versions 5.5 or greater
    • Netscape Communicator 4.7 or greater
  2. Requirements for using Hamilton Video Relay are:
    • Operating system – Microsoft Windows XP
    • Browser – Internet Explorer versions 5.5 or greater
    • Software – Net Meeting (or H.323 compatible software and devices)
    • Internet connection – Broadband
    • Web Cam – Logitech Quickcam Pro 3000 or 4000 (or similar)
  3. Requirements for using WebCapTel are:
    • Supported Browsers – Internet Explorer 6 & 7,Firefox 2, Safari
    • Browser Must Have JavaScript, Cookies, and Native XMLhttp Support Enabled
    • Internet connection – Broadband
  4. Requirements for using Google, MSN or AIM:
    • Users must comply with the technical requirements set by Google, MSN or AIM

If User utilizes a different browser or requires other technical support, Hamilton provides limited support at 800-618-4781 for Hamilton Internet Relay, at 877-283-7687 for Hamilton Video Relay and at 877-455-4227 for Web CapTel. Hamilton is under no obligation to provide technical support for the use of the Services.

4. Trademarks

Hamilton Relay, Hamilton Internet Relay, Hamilton Video Relay, Inspire, That's Hamilton Relay (Inspire Chat), That's What I'm Talking About, WebCapTel, CapTelŪ and the other trademarks, logos and service marks used in this site ("Trademarks") are the property of Hamilton, or their respective owners. Nothing contained in the site should be construed as granting by implication or otherwise a license or right to use the Trademarks without the written permission of Hamilton or the owner thereof. WebCaptel and CapTelŪ are registered trademarks of Ultratec, Inc.

5. Availability

Services are intended to be available 24 hours a day, 7 days a week. However, technical or other situations affecting the Services may arise, which could result in the Services being temporarily unavailable. Services may also not be available at times due to interruptions or technical problems with the User's Internet Service Provider or the User's Instant Messaging Service Provider for other reasons outside the control of Hamilton.

6. Types of Calls Allowed and Instructions for Use

The Services permit the User to place certain calls subject to the following additional limitations:

  1. THE SERVICES ARE NOT FOR EMERGENCY CALLS. The Services are not designed as a substitute for 911 service. Hamilton cannot determine the User's location to notify an emergency center. To ensure that emergency calls are handled quickly and effectively, please use your telephone or TTY to call your local emergency service number directly.
  2. Service will be provided in English and Spanish for Hamilton Internet Relay and will be provided in English only for Hamilton Video Relay and will be provided in English and Spanish for Web CapTel;
  3. Calls must terminate to a number within the United States; and
  4. Hamilton may assign certain Users a number which is owned by Hamilton to be used in conjunction with the Services. If an User fails to make use of such number for a period of Thirty (30) days or more, Hamilton may reassign such number.

7. Confidentiality

Calls made using the Services are confidential. All CAs and Hamilton Video Relay interpreters will abide by the law and regulations applicable to TRS.

8. Security

Hamilton has and will continue to implement security features and strict policy guidelines to safeguard the privacy of any User-identifiable information from any unauthorized access or improper use. However, Hamilton is not liable for any security breaches caused by the User's or other third party's violations of federal or state law.

9. Fraudulent Use; Recording Calls

Users will not use the Services for any unlawful, abusive, or fraudulent purposes. If Hamilton has reason to believe that a User is abusing a Service or using a Service fraudulently or unlawfully, Hamilton retains the right to immediately suspend, restrict, or cancel the Service without advance notice including withdrawal of any rights of an User to the numbers assigned to such User. Users shall not record calls made using the Services, and to the extent User does make and retains recordings of calls made using the Services, User shall indemnify Hamilton as set forth in Section 10 below.

10. Indemnification

Hamilton is not responsible to any third party for claims against Hamilton that arise from the use of the Services. The User agrees to indemnify and hold Hamilton harmless from and against all costs and expenses related to any such claims, including attorneys' fees. This provision of the Terms and Conditions shall be applicable during use of the Services and following such use.

11. Limitation of Liability

Hamilton shall not be liable for any failure of performance due to causes beyond its control, including, but not limited to, the actions or omissions of Hamilton's licensees, acts of God, fire, floods or other catastrophes, national emergencies, wars, terrorist acts, strikes or other labor difficulties or preemption of existing Services to comply with any law, order or regulation of any governing authority.

HAMILTON SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEY FEES RESULTING FROM USER'S USE OF THE SERVICES OR THE FAILURE OF OR INABILITY OF THE USER TO USE THE SERVICES.

12. No Warranties

HAMILTON DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES ARE MADE AVAILABLE ON AN "AS-IS" AND AS AVAILABLE BASIS. Hamilton makes no warranties regarding the Services and disclaims any implied warranty, including any warranties of merchantability or fitness for a particular purpose. Hamilton does not authorize anyone to make a warranty on its behalf, and the User may not rely on any statement of warranty as a warranty to the User by Hamilton.

13. Miscellaneous

  1. No Third Party Rights — This agreement does not provide any third party with a remedy claim or right of reimbursement.
  2. Assignment — Hamilton may assign all or part of its rights or duties in connection with the Services without any notification to Users. If Hamilton makes such an assignment, Hamilton shall have no further obligations to Users.
  3. Notices — Notices from the User to Hamilton, must be transmitted by certified United States mail directed to:
    Hamilton Relay, Inc.
    1006 Twelfth Street
    Aurora, NE 68818
    Attn: President

    Notices from Hamilton to the User may be made by posting a notice on Hamilton's web site, by published advertisement, postcard, letter, revisions to these Terms and Conditions or an e-mail.
  4. Severability — If any part of these Terms and Conditions are found invalid, the remainder shall remain valid and enforceable.
  5. Governing Law — These Terms and Conditions and provision of the Services shall be governed by laws of the State of Nebraska. The exclusive location for jurisdiction and venue of any litigation or other proceeding arising in connection with these Terms and Conditions or the Services shall be in federal or state court located in Lancaster County, Nebraska.
  6. Entire Agreement — These Terms and Conditions constitute the entire agreement between the User and Hamilton regarding the Services, and supersede all prior agreements, understandings, statements or proposals and representations, whether written or oral. These Terms and Conditions may only be amended as stated below. No written or oral statement, advertisements, or service description not expressly contained herein shall contradict, explain or supplement these Terms and Conditions.
  7. Changes to Terms and Conditions — These Terms and Conditions may only be changed by Hamilton from time to time. Any such changes will be posted on Hamilton's web site. If the User continues to be enrolled in, use, or pay for the Services after any changes in the pricing, charges, terms or conditions, User agrees to such changes.