XYN is dedicated to providing our customers quality, user-friendly services and our employees a professional work environment. XYN strives to conduct its business in an ethical manner whereby employees are encouraged to adhere to the Company values of service, respect, integrity, excellence, communication and profitability. XYN’s Board of Directors, executive management and employees are held accountable to all laws and regulations as well as having their behavior guided by the provisions outlined in its Code of Conduct. Maintaining an ethical environment is the responsibility of all those associated with XYN and it is their obligation to report any suspected violations that may have occurred. XYN has made available a way to anonymously and confidentially report actual or possible violations of the Business Code of Conduct.
HIGH SPEED INTERNET SERVICES XYN is committed to providing a high quality of IP network service for our Customers. In the event the XYN IP Network cannot meet the thresholds for network availability, latency, and packet loss as described in the following paragraphs, Customer may be entitled to service credits as set forth below. Network Definition This Service Level Agreement (“SLA”) includes the Customer’s access port (the port on the XYN aggregation router upon which the Customer’s circuit terminates) and the XYN owned and controlled IP backbone network (routers and circuits including any transit connections) (“XYN IP Network”). This SLA does not include networks owned and/or controlled by other carriers; local access circuit (e.g. local loop); Customer premise equipment (CPE); Customer’s local area network (LAN); interconnections to or from and connectivity within other Internet Service Provider (ISP) networks; scheduled maintenance and emergency maintenance; any act or omission by Customer, its officers, directors, employees, subcontractors, agents, or any other entity under Customer’s control; and/or any circumstance beyond XYN’s reasonable control including Internet attacks (denial of service, virus and work activity, etc.) or force majeure event as defined in the Services Agreement. Network Availability Guarantee 99% The XYN IP Network, as defined above, is guaranteed to be available and capable of forwarding IP packets 99% of the time. If the XYN IP Network availability guarantee is not met in a calendar month, the Customer may receive a service credit of 1/30th of the monthly recurring charge (“MRC”) for that calendar month for each full hour of outage. Limits on the service credit amount and reporting procedures are detailed below. Latency Guarantee 45 Milliseconds The XYN IP Network is guaranteed to have an average round trip packet transit time within the XYN IP Network over a calendar month of 45 ms or less. The average latency is measured as the average of 15-minute samples across the XYN IP Network taken throughout the month. If the Latency Guarantee is not met in a calendar month, the Customer may receive a service credit of 1/30th of the MRC for the month for each full 1 ms above the 45 ms average maximum guaranteed under this SLA. Limits on the service credit amount and reporting procedures are detailed below.
Customer Proprietary Network Information or CPNI is the information that XYN gathers about its customers 1) that relates to the quantity, technical configuration, type, destination, and amount of use of telecommunications services subscribed to by its customers, and that is made available to XYN by the customer solely by virtue of the carrier-customer relationship; and 2) information contained in the bills pertaining to telephone exchange service or telephone toll service received by a customer of a carrier. CPNI does not include subscriber list information. Customer Privacy XYN offers various communications-related service, including local and long distance service, and telecommunications equipment. In order to better serve your communication needs, from time to time we would like to share your CPNI across product lines within XYN. XYN may also share your CPNI on a limited, as-needed basis with trusted agents and independent contractors that assist XYN in providing you with communication-related services. These parties share a duty to protect your CPNI. XYN will only share your CPNI with its agents and independent contractors with your explicit permission. Our use of CPNI may enhance our ability to offer products and services tailored to your specific needs. XYN will not sell your CPNI to third parties without the appropriate authorization from you, or a law enforcement agency or court of law. Customer Rights CPNI is subject to federal and certain state laws and regulations. XYN is fully committed to complying with these CPNI laws and regulations. You have the right to protection of your confidential information and XYN has the duty to protect that information. If you prefer that XYN not use, disclose, or allow access to your CPNI to offer you our communications-related products and services to which you do not already subscribe, you may “opt-out” – that is, you may direct us not to make these disclosures across additional product lines within XYN. Your decision to opt-out will not affect the provision of any services to which you currently subscribe. You may opt-out at any time by contacting XYN. Your approval or denial of approval for the use of CPNI is valid until such time as your telephone services are discontinued or you affirmatively revoke or limit such approval or denial. If you choose to opt-out, XYN’s ability to offer you certain services to which you do not currently subscribe, including promotions and cost-saving bundled services, may be limited.
XYN is committed to providing high-quality Internet access services and is committed to being a responsible member of the Internet Community, including adhering to the “net neutrality” rules set forth by the Federal Communications Commission (FCC). Transparent Network Management Practices XYN’s data network is designed to provide its customers with highly reliable Internet access and data transmission services. XYN has redundant data backbone facilities and equipment which instantaneously re-routes traffic in the event of a cable cut or other outage. We monitor our network’s performance twenty-four hours a day seven days a week. We measure capacity utilization at each routing and switching node within our network. When peak utilization consistently exceeds fifty percent of capacity at a node, we augment capacity to prevent customers from experiencing blockages. We do not dedicate capacity to individual customers utilizing our mass market Internet access products. We constantly manage our data network capacity to avoid blockages. XYN has a 7x24x365 team of people who proactively monitor all network elements and services. This team uses advanced industry tools to gain visibility to impairments as well as services that may become impaired. These tools provide XYN the ability to identify deteriorating situations allowing us to resolve problems before they become service impacting. Our fundamental network design and build strategy is aimed at avoiding blockages. It is important to note that XYN has hundreds of peering partners. While data transmission over our network is rarely subject to blocking, that is not necessarily true for the networks with which we interconnect. Consequently, customers may experience blockage due to the network serving the destination or origin of their traffic or because an intermediate carrier’s network is congested. We take trouble reports and investigate every instance where customers report blockage or other service issues. We continually seek out new peering partners to make data transmissions more efficient and work with our existing peering partners to improve service. No Blocking or Unreasonable Discrimination Subject to our Acceptable Use Policy and Internet Access Policy, XYN does not block or impose rate-controls for specific protocols nor restrict interconnection of specific network devices. Third Party Content or Edge Providers XYN recognizes its mass market Internet access customers may have interaction or commercial relationships with third party content, applications, service, and device or “edge providers.” The following disclosures apply to XYN’s mass market Internet access customers and to third party edge providers: Parties other than XYN may offer and provide products and services on or through non-XYN websites. XYN is not responsible for the contents, links or privacy of any third party linked website. XYN is not responsible for examining or evaluating, and XYN does not warrant the offerings of, any third party businesses or individuals or the content of their websites. XYN does not assume any responsibility or liability for the actions, products, and contents offered by third party content, applications, service, and device providers. Mass Market Internet Access Services XYN’s mass market includes the businesses that purchase undifferentiated, standard, or un-negotiated, priced products and services from XYN. With regard to fixed broadband Internet access service these services include, DSL Internet Access, Broadband Internet Access, and any bundling or packaging of these services. The product list includes: DSL Internet Access Broadband Internet Access XYN’s mass market Internet access service is delivered over digital subscriber line (DSL) technology. DSL is a modem-based technology for broadband data access over ordinary copper telephone lines from homes and businesses. There are many types of DSL, each with their own specifications. They are sometimes referred to as last-mile (or first mile) technologies because they are used only for connections from a telephone switching station to a home or office, not between switching stations. XYN’s mass market Internet access service is delivered over asymmetric ADSL2+ (DSL Internet Access) and bonded (Broadband Internet Access) ADSL2+ communication technology. ADSL2+ is a form of DSL in which the bandwidth available for downstream connection is significantly larger than for upstream. The data-rate of ADSL2+ depends on the length and technical characteristics of the line (e.g., gage of wire, presence of bridge taps, and other such features that affect the line characteristics) connecting the end-user to XYN’s network serving office. ADSL2+ is an ITU (International Telecommunication Union) standard (see www.itu.int). Some of our customers receive Internet access via CenturyLink’s (formerly Qwest) service and CenturyLink’s Internet service policies may be found here. If you are not sure whether your Internet access service is provided via CenturyLink, please contact your XYN customer service representative.


In the course of doing business with XYN and its affiliated operating companies (“XYN”) you may share personal, business, and financial information with us. We treat this information as confidential and recognize the importance of protecting access to it. You should note, however, that it is impossible to guarantee that such information is or will be completely safe from unauthorized access or use. You may provide information when communicating or transacting with us in writing, electronically, or by telephone. For instance, information may come from requests for forms or literature, contracts, and your transactions and account positions with us. On occasion, such information may come from outside agencies or communications providers, and others that provide services to us. In addition, XYN may collect information during visits to our websites, usually in the form of cookies, registration forms, and log files. We do not sell information about current or former customers to any unrelated third parties, and we do not disclose it to third parties unless necessary to process a transaction, service an account, to protect the security and integrity of this website and our services and network, to protect our rights and property and the rights and property of others, to respond to claims that submitted information violates the rights or interest of third parties, to take precautions against liability, to correct technical problems and malfunctions in how this website operates and in our systems and services, pursuant to a customer’s specific direction, or as otherwise permitted or required by law or legal process. You should note that in connection with our data services, when you register a domain name, your address, e-mail and phone number are published in the public WHOIS database which is available for public viewing. In the event we, our parent or any of our affiliates or subsidiaries are acquired by another entity or merge with a third party, information you provide to us may be transferred to that entity or one or more of its affiliates. We will take steps to inform the any successor entity that it will be bound to respect the provisions of this Policy with regard to any Personal Information in its possession prior to the acquisition or merger. In the event of bankruptcy, both this policy and the provisions of applicable law will apply. XYN may use information you provide to inform you about additional services and products offered by the XYN family of companies and XYN authorized agents whose offerings might be of interest to you, unless you instruct otherwise, and in accordance with applicable laws and regulations. This web site may contain links to third party Web sites. While we try to link only to sites that share our standards and respect for privacy, we are not responsible for the content or the privacy practice of any third party Web sites. For this reason, we encourage you to review the privacy policies of these Web sites before disclosing any personal information to or through them.
This Acceptable Use Policy specifies the actions prohibited by XYN to users of the XYN Network. XYN reserves the right to modify this Policy at any time. General information XYN Communications, Inc. is committed to providing high-quality Internet products and services for its customers. XYN also is committed to being a responsible member of the Internet Community. Therefore, XYN holds both itself and its customers to a higher standard of accountability as set forth in this Acceptable Use Policy. XYN’s Acceptable Use Policy specifies the actions prohibited by XYN to users of the XYN Network. XYN reserves the right to modify this Policy at any time. If XYN receives abuse complaints, XYN will work diligently to resolve these complaints with our customers. However, if a customer does not abide by XYN’s Acceptable Use Policy or otherwise fails to cooperate adequately in the resolution of any complaint, XYN may assess the customer a fee of $100 per abuse complaint and may immediately restrict or terminate the customer’s services, at XYN’s sole discretion, in addition to any other remedy that may be available to XYN. Illegal use The XYN Internet Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law, policy, rule, or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, pornographic, defamatory, constitutes an illegal threat, or violates export control laws. XYN has the right, in its sole discretion, to take such action as necessary, including but not limited to: blocking or suspension or termination of the customer’s services, relative to any material that in XYN’s sole judgment violates this Policy. XYN is not responsible nor will XYN be liable for the removal of, failure or delay in removing any such material. System and network security Violations of system or network security are prohibited and may result in criminal and civil liability. XYN will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting. Email Sending or causing to be sent unsolicited electronic mail messages (spam), including, without limitation to commercial advertising and informational announcements is explicitly prohibited. XYN customers may not alter the headers of outbound email messages to conceal an email address or to prevent recipients from responding to a message. Additionally, a valid reply-to address is required for all outbound email. A user shall not use XYN’s mail server to deliver bulk email of 100 or more recipients per mailing, or another site’s mail server to relay mail without the express permission of the site. XYN reserves the right to take any and all legal and technical action required to prevent mail relaying, and unsolicited email from entering, utilizing or remaining within the XYN Network. A customer running their own mail server may not relay through XYN’s mail servers. If XYN receives complaints resulting from an open relay, the customer may be subject to network restrictions, deactivation and/or an assessed fee of $100 per complaint. POP (Post Office Protocol) mail clients should be configured to check for new mail at intervals no shorter than 5 minutes. A customer performing excessive checks for new mail may be blocked from accessing the POP mail server until proper customer configuration changes have been made. Distribution of Internet Viruses or Other Destructive Activities Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses and other destructive activities such as cracking is expressly prohibited. Other Activities Engaging in activities, whether lawful or unlawful that XYN determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations is expressly prohibited. DISCLAIMER OF WARRANTIES AND LIABILITY YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH AN XYN WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH AN XYN NETWORK OR WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” XYN, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE OR NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. XYN DOES NOT GUARANTEE THAT ITS NETWORK OR WEBSITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL XYN, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS NETWORK OR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF XYN, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY XYN NETWORK OR WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF XYN, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. INDEMNIFICATION You agree to indemnify, defend and hold harmless XYN from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Website or Network; or (5) your use of our Website or Network. MODIFICATION OF THE POLICY AND AGREEMENT We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on www.XYN.com. You agree to the Policy and Agreement by accessing or using our Website, products or services, or by sending any electronic transmission through our Network. MISCELLANEOUS Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. XYN may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
This document outlines XYN’s policy when performing customer static routing. The policies herein are designed with the intent of maintaining XYN as a good internet citizen, reducing possible routing problems internet wide, and to reduce the possibility of legal implications of originating IP prefixes foreign to XYN’s network. XYN will only static route XYN owned net-blocks if the following criteria is met: XYN’s IP Admin has assigned a net-block from an XYN CIDR block, and the net-block has a valid SWIP record reflecting its proper sub-delegation. Note: Net-blocks delegated and routed to XYN customers within XYN CIDR blocks will be advertised to XYN peers as aggregate CIDR blocks only and will not be advertised individually. XYN will only static route net-blocks foreign to XYN’s network if their prefix length is less than or equal to /24 and one of the following criteria is met: The net-block has been delegated to the customer directly by ARIN (or similar registry) and the customer has provided LOA to XYN indicating that it is acceptable for XYN to route the net-block. The net-block has been sub-delegated by another upstream of the customer, the sub-delegation has been SWIP’d to that customer, and the customer has provided LOA to XYN indicating that it is acceptable for XYN to route the net-block. The net-block has been directly delegated by ARIN (or similar registry) to another organization and that organization has provided LOA to XYN indicating that it is acceptable for XYN to route the net-block. XYN reserves the right to add, delete and modify any of the policies at any time at XYN’s sole discretion without notice.
If you believe that a XYN customer has infringed your copyrights, please notify XYN’s Copyright Agent and provide the following information: An identification of the copyrighted work claimed to have been infringed; An identification of the material that you claim is infringing (including the URLs of the pages on which those materials appear) so that XYN may locate the material; Your address, telephone number, and e-mail address; 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; and A physical or electronic signature of the owner of the copyright interest or of the person authorized to act on behalf of the owner of the copyright interest. XYN’s Network Abuse department can be reached at networkabuse@XYN.com. XYN may forward the information that you have provided to the alleged infringer. In response to your notice, XYN also may remove the web pages that contain the allegedly infringing content, in its discretion, if XYN provides web-hosting services to the alleged infringer. If XYN provides ISP services, but not web-hosting services, to the alleged infringer, XYN does not have the ability or control to remove specific pages of the web site, but may, in its discretion, terminate the accounts of customers who appear to infringe another’s copyright.
The XYN Communications (“XYN”) Privacy Policy provides that we will not release personally identifiable information, that is, information sufficient to identify a particular subscriber, including account and call record information, except under specific circumstances. The Privacy Policy provides in part as follows: Occasionally, XYN may be required by law enforcement or judicial authorities or other legal process to provide information collected from its customers and web visitors. We will disclose such information upon receipt of a court order or subpoena, or as otherwise provided by law. If you seek the identity of or account information about an XYN customer in connection with a criminal or civil legal or investigative matter, you must serve XYN with a valid subpoena, court order, or other valid law enforcement directive, at the address below, either in person or via facsimile transmission, or at our agent for service of process. You must also agree to compensate XYN for our subpoena response services according to the terms of this policy and/or any applicable rule or law. Subject to the restrictions on disclosure of information to customers set forth above, XYN must provide Call Trace and/or Trap & Trace upon request from its customers or law enforcement agencies. The request must be in writing unless there is an emergency situation. An emergency situation is any situation wherein there is an imminent risk of substantial bodily harm, death, or abduction. If there is an emergency situation, XYN may conduct the Call Trace or initiate the Trap & Trace procedures upon oral request, however, no records will be released prior to written confirmation verifying, to XYN’s satisfaction, the identity of the requestor as a law enforcement officer. Under no circumstances will XYN release any records to anyone other than a law enforcement officer. If an XYN customer requests or activates (through special dialing code) a Call Trace, XYN must conduct the Call Trace for the customer. The customer must immediately notify XYN Customer Care that a Call Trace has been activated. However, XYN will not release the results of a Call Trace or a Trap & Trace effort to its customer. XYN must refer all information captured by a Call Trace or Trap & Trace to the appropriate law enforcement agency and direct the customer to work directly with the law enforcement agency. IF YOU ARE A CUSTOMER WITH AN EMERGENCY, DO NOT CALL XYN – CALL 911 IMMEDIATELY. Service of Subpoenas and Other Legal or Law Enforcement Directives Notice to Subscribers Unless prohibited by law, upon receipt of a valid civil subpoena, XYN may notify the customer whose information is sought via facsimile or U.S. mail. Fees for Subpoena Compliance XYN charges the following rates for compliance with civil and privately-defended criminal case subpoenas. We will invoice the person or entity submitting the subpoena following receipt. The subpoena proponent must make payment within 30 days from the date of receipt of our invoice. Checks should be made payable to XYN. XYN’s subpoena compliance fees and charges are as follows: $75.00 for response including research time $0.25 cents per copy.
This Website (‘XYN.com’), its owners (collectively, ‘XYN Communications, Inc.’) and constituents believe that the privacy and security of our visitors and clients information are of utmost importance. As such, we administer strict policies safeguarding your privacy and security. This document (‘Privacy Policy’) defines and informs you of any and all of the instances in which your data and information (collectively, ‘info’) may be saved and how it may be used. INFO WE COLLECT From Clients of our Service E-mail Address. Payment Data. Clients who opt to use the optional control panel will receive a temporary cookie. From the Website and Email Google analytics data (appears anonymous). Google may store a cookie. Feel free to opt out with GOOGLE’S PLUGIN. Apache Webserver (see apache.org) logs. Submissions on the ‘Contact Us’ page. Any e-mails we receive. Affiliates who opt to use the optional control panel will receive a temporary cookie. INFO USES E-mail address is used to send subscription information and payment confirmations. Payment data is used to manage client signups, payments, and cancellations. Google analytics data is used to improve our website. Apache webserver logs are regularly pruned and are created by the webserver. No usernames or passwords are ever logged by the webserver. Contact submissions and e-mails will be used for correspondence. Temporary cookies are used to handle control panel logins. XYN.com does not collect or log any traffic or use of its Virtual Private Network (“VPN”) or Proxy. DISCLOSURE XYN.com is a business that strives to protect privacy and the privacy rights of our clients. Although we will comply with all valid subpoena requests, our legal team scrutinizes each and every legal request that we receive for compliance with both the “spirit” and letter of the law. For invalid or overly broad subpoenas, we will often question or attempt to narrow the scope of any subject matter sought. Moreover, when it is possible and a valid option we will provide the user an opportunity to object to any requested disclosures. We cannot provide information that we do not have. XYN.com will not participate with any request that is unconstitutional.
This Toll Fraud policy defines toll fraud and specifies actions the Customer and XYN will take to address such fraud. Toll Fraud is the theft of long distance service. It typically occurs when a party gains remote access to the Customer’s PBX or key system located at the Customer’s premise. Toll fraud may also occur through unauthorized use of the Customer’s calling cards. Compliance Customers should immediately notify XYN of suspected Toll Fraud by calling the XYN Customer Care Center. Be prepared to identify the means by which the fraud occurred, if known, and any modifications made to Customer Premise Equipment (CPE) in an attempt to stop the Toll Fraud. Upon notice, XYN will investigate any suspected Toll Fraud, and may block, suspend, or otherwise limit the ability of the Service to prevent continued Toll Fraud. Customer agrees to cooperate with XYN in the investigation, including the reporting of such incidents to the appropriate Field Office of the Federal Bureau of Investigation. Customer agrees to provide XYN with such information and documentation as XYN may request, including any reports, testimony or affidavits submitted to law enforcement. XYN is dedicated to leading the industry in providing quality, user-friendly network services and CPE. As part of that commitment, XYN respects the right of its customers to choose the XYN services and equipment that meet particular Customer needs, so long as the use is lawful and does not violate XYN’s policies and procedures. The freedom of the Customer to choose among XYN’s diverse service applications and the Customer’s exclusive control of CPE means that the Customer, and not XYN, is capable of addressing and preventing Toll Fraud. IT IS THE EXCLUSIVE RESPONSIBILITY OF THE CUSTOMER TO PREVENT THE OCCURRENCE OF FRAUD, and Customer is responsible for payment of any charges incurred due to fraud (including Toll Fraud), abuse, or misuse of the Services, whether known or unknown to Customer, and whether or not XYN takes any actions to stop or block Toll Fraud.
The Telecommunications Relay Services (TRS) surcharge appears on your invoice each month. Do you how know these funds are used to help those with hearing and speech disabilities? Telecommunications Relay Services (TRS) enable standard voice telephone users to talk to people who have difficulty hearing or speaking on the telephone. Under Title IV of the Americans with Disabilities Act, all telephone companies must provide free relay services either directly or through state programs throughout the 50 states, the District of Columbia, Puerto Rico, and all of the U.S. territories. These services are used everyday by businesses, government agencies, family, friends and employers of persons with hearing and speech disabilities. How does TRS work? TRS uses operators or “Communication Assistants” (CAs), to facilitate telephone calls for people who have difficulty hearing or speaking. TRS is available 24 hours a day 7 days a week, free of charge, and the conversations relayed are kept completely confidential. Callers are not limited in the type, length or nature of their calls. What number do I call to connect to a TRS operator? Just as you can call 411 for information, you can dial 7-1-1 to connect to relay services anywhere in the United States. For more information regarding 711, visit http://www.fcc.gov/cgb/consumerfacts/711.html. What Forms of TRS Are Available? There are several forms of TRS, depending on the particular needs of the user and the equipment available. Text-to-Voice TTY-based TRS – With this type of “traditional” TRS, a person with a hearing or speech disability uses a special text telephone, called a TTY, to call the CA at the relay center. TTYs have a keyboard and allow people to type their telephone conversations. The text is read on a display screen and/or a paper printout. A TTY user calls a TRS relay center and types the number of the person he or she wishes to call. The CA at the relay center then makes a voice telephone call to the other party to the call, and relays the call back and forth between the parties by speaking what a text user types, and typing what a voice telephone user speaks. Voice Carry Over – Voice Carry Over (VCO) is a type of TRS that allows a person with a hearing disability, but who wants to use his or her own voice, to speak directly to the called party and receive responses in text from the CA. No typing is required by the calling party. This service is particularly useful to senior citizens who have lost their hearing, but who can still speak. Hearing Carry Over – Hearing Carry Over (HCO) is a type of TRS that allows a person with a speech disability, but who wants to use his/her own hearing, to listen to the called party and type his/her part of the conversation on a TTY. The CA reads these words to the called party, and the caller hears responses directly from the called party. Speech-to-Speech (STS) Relay Service – This form of TRS is used by a person with a speech disability. A CA, who is specially trained in understanding a variety of speech disorders, repeats what the caller says in a manner that makes the caller’s words clear and understandable to the called party. No special telephone is needed. For more information regarding STS visit www.fcc.gov/cgb/consumerfacts/speechtospeech.html. Shared Non-English Language Relay Services – Due to the large number of Spanish speakers in the United States, the FCC requires interstate TRS providers to offer Spanish-to-Spanish traditional TRS. Although Spanish language relay is not required for intrastate (within a state) TRS, many states with large numbers of Spanish speakers offer this service on a voluntary basis. The FCC also allows TRS providers who voluntarily offer other shared non-English language interstate TRS, such as French-to-French, to be compensated from the federal TRS fund. Captioned Telephone Service – Captioned telephone service, like VCO, is used by persons with a hearing disability but some residual hearing. It uses a special telephone that has a text screen to display captions of what the other party to the conversation is saying. A captioned telephone allows the user, on one line, to speak to the called party and to simultaneously listen to the other party and read captions of what the other party is saying. There is a “two-line” version of captioned telephone service that offers additional features, such as call-waiting, *69, call forwarding, and direct dialing for 911 emergency service. Unlike traditional TRS (where the CA types what the called party says), the CA repeats or re-voices what the called party says. Speech recognition technology automatically transcribes the CA’s voice into text, which is then transmitted directly to the user’s captioned telephone text display. Video Relay Service (VRS) – This Internet-based form of TRS allows persons whose primary language is American Sign Language (ASL) to communicate with the CA in ASL using video conferencing equipment. The CA speaks what is signed to the called party, and signs the called party’s response back to the caller. VRS is not required by the FCC, but is offered by several TRS providers. VRS allows conversations to flow in near real time and in a faster and more natural manner than text-based TRS. Beginning January 1, 2006, TRS providers that offer VRS must provide it 24 hours a day, seven days a week, and must answer incoming calls within a specific period of time so that VRS users do not have to wait for a long time. For more information regarding VRS visit www.fcc.gov/cgb/consumerfacts/videorelay.html. Internet Protocol (IP) Relay Service – IP Relay is a text-based form of TRS that uses the Internet, rather than traditional telephone lines, for the leg of the call between the person with a hearing or speech disability and the CA. Otherwise, the call is generally handled just like a TTY-based TRS call. The user may use a computer or other web-enabled device to communicate with the CA. IP Relay is not required by the FCC, but is offered by several TRS providers. For more information regarding IP Relay visit www.fcc.gov/cgb/consumerfacts/iprelay.html. IP Captioned Telephone Service – IP captioned telephone service, one of the newest forms of TRS, combines elements of captioned telephone service and IP Relay. IP captioned telephone service can be provided in a variety of ways, but uses the Internet – rather than the telephone network – to provide the link and captions between the caller with a hearing disability and the CA. It allows the user to simultaneously both listen to, and read the text of, what the other party in a telephone conversation is saying. IP captioned telephone service can be used with an existing voice telephone and a computer or other Web-enabled device without requiring any specialized equipment. For more information regarding IP captioned telephone service, visit www.fcc.gov/cgb/consumerfacts/ipcaptioned.html. For More Information For more information about TRS or to learn more about FCC programs to promote access to telecommunications services for people with disabilities, visit the FCC’s Disability Rights Office Web site at www.fcc.gov/cgb/dro. For information about other telecommunications issues, visit the FCC’s Consumer & Governmental Affairs Bureau Web site at www.fcc.gov/cgb, or contact the FCC’s Consumer Center using the information provided for filing a complaint. Don’t Hang Up! Some people hang up on TRS calls because they think the CA is a telemarketer. If you hear “Hello, this is the relay service…” when you pick up the phone, please don’t hang up! You are about to talk, through a TRS provider, to a person who is deaf, hard-of-hearing, or has a speech disability.
The federal Do-Not-Call Registry became effective October 1, 2003. The relevant federal Do-Not-Call rules are set forth in 47 C.F.R. – 64.1200 of the Federal Communication Commission (FCC) rules, and 16 C.F.R. Part 310 of the Federal Trade Commission (FTC) rules. These rules apply to any person conducting telemarketing or telephone solicitation. The definitions listed below maybe helpful, but are no means the complete list of requirements of the Do-Not-Call rules. XYN highly recommends that you visit the web site provided at the bottom of this page for additional Do-Not-Call information. If you have further questions about compliance with the rules you may want to contact the FCC or consult with an attorney. Person Any individual, group, unincorporated association, limited or general partnership, corporation, or other business entity. Telemarketer The person or entity that initiates a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person. Telemarketing The initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person. Telephone Solicitation The initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services. Effective January 29, 2004, the Do-Not-Call rules also require that persons engaging in telemarketing must transmit caller identification (caller ID) information. The information transmitted must, at a minimum, provide the called party with a telephone number that permits the called party to make a do-not-call request during regular business hours. Where available, the name of the telemarketer must also be transmitted. Please visit the National Do-Not-Call Registry Web site for telemarketers at: https://telemarketing.donotcall.gov