Policies and disclosures

XCLUTEL Communications is committed to protecting your privacy. That is why we have adopted this Privacy Policy. This Privacy Policy is intended to describe how your personal information is processed and used, and we will make every effort to ensure that our activities keep within the spirit of this Privacy Policy. Please note that by visiting and using xclutel.com, you are accepting the practices described in this Privacy Policy.

What information is XCLUTEL gathering about its visitors, and how is it used?

Every computer connected to the Internet is provided with a domain name and an IP address. When a visitor requests a page from within the XCLUTEL website, our web servers automatically identify and log the HTTP request that is made. This information reveals nothing personal about you. The only information that we automatically gather and log is as follows:

• The IP address of the site that may have referred you
• Your IP address
• The web page that you may have linked to us from, if any
• The product identifier for the version and make of your browser
• The operating system platform that you may be running
• Search words or terms that are passed from a search engine

There is nothing special about the information just described, and the practice of collecting this data has been standardized by virtually every web server on the Internet today.

The purpose for this information is two fold. One, XCLUTEL has found it advantageous to examine visitor traffic in aggregate, so that we can ensure maximum compatibility for the various browsers and operating systems that visit our site. Additionally, it is our desire to generate greater amounts of visitor traffic. By analyzing visitation patterns, referring URLs and search engine terms, we can strategically enhance our exposure on the Internet.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All other categories exclude text messaging originator opt in data and consent; this information will not be shared with any third parties.

What about cookies?

Cookies are small pieces of data that are transferred to your computer through your web browser from our web server. A cookie cannot read data from your hard disk or read cookie files that may have been created by other sites. The XCLUTEL website uses cookies as a means of providing personalization features to our visitors, for example to remember settings you may have chosen at our website.

You can choose whether to accept cookies by changing the settings of your browser. Typically, by accessing the browser's help feature you can obtain information on how to prevent your browser from accepting all cookies, or to notify you when a cookie is being sent. If you choose not to accept these cookies, your experience at our website and other websites may be diminished and some features may not work as intended.

What other information does XCLUTEL request?

We may also request your email address or mailing address for the purposes of conducting a survey, adding you to our mailing list, or by your request to have someone contact you for additional information. Whenever we request the identity of a visitor, we will clearly indicate the purpose of the inquiry before the information is requested. We maintain a strict no spam policy, which means we do not intend to sell, rent, or otherwise give your email address to a third party without your consent.

In addition, XCLUTEL will not send you email that you have not agreed to receive. If you are a member of our mailing list, you will be contacted with announcements, news and new products or services. You have the option of unsubscribing from our mailing list at any time, thereby disabling any further such email communication from being sent to you. If you wish to have specific communications with a member of the XCLUTEL staff, you will be required to provide specific information that will be routed to the appropriate contact within XCLUTEL.

What information does XCLUTEL collect when I purchase something?

If you purchase something, such as telephone equipment, we need to obtain the appropriate information in order to complete the transaction. Depending upon the method of payment that you select and your location, the required information may vary. However, generally speaking we will need:

• Your name
• Billing address, for credit card orders
• Shipping address
• Email address
• Phone number
• Credit card number, for credit card orders
• Expiration date, for credit card orders

We use features that safeguard this information using industry standard SSL encrypted servers. SSL encodes the information transferred between you and the server, rendering it unreadable to anyone trying to intercept the information.

Will XCLUTEL disclose the information collected to third parties?

XCLUTEL will disclose your personal information or any of its log file information when required by law, or in the good faith belief that such actions are necessary to:

• Conform to the edicts of the law or comply with a legal process served on XCLUTEL
• Protect and defend the rights or property of XCLUTEL, or visitors of XCLUTEL
• Identify persons who may be violating the law, the legal notice, or the rights of third parties
• Cooperate with the investigations of purported unlawful activities

XCLUTEL uses reasonable precautions to keep the information disclosed to us secure. XCLUTEL reserves the right to transfer information in connection with the sale of all or part of XCLUTEL capital stock or assets to any third party. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information. XCLUTEL also provides links to a wide variety of other websites on the Internet. We are not responsible for their privacy policies or how those websites manage information about their users. We strongly urge you to check with those websites to determine their privacy policy.

Any changes to this Privacy Policy will be posted on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it.

Thank you for visiting Xclutel, LLC, doing business as XCLUTEL Communications. The XCLUTEL website has been made available to you subject to your compliance with the terms and conditions set forth below, the Conditions of Use. Please read this document carefully before accessing or using the XCLUTEL website. By accessing or using this website, you are agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you may not access or use the website.

Modification of these Conditions of Use

XCLUTEL reserves the right to change the terms, conditions and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the XCLUTEL website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.

Privacy

Please review our Privacy Policy, which also governs your visit to XCLUTEL, to understand our practices regarding the use and disclosure of your personal information.

Electronic communications

When you visit XCLUTEL or send email to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright and licenses

The entire contents of this website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, are the property of XCLUTEL, its content suppliers or its clients, and are protected by domestic and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute any portion of the website contents without the prior express written consent of XCLUTEL.

You may print or download portions of the materials from various areas of this website solely for your own non commercial use, provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another party's rights, please contact us immediately at [email protected] to notify us of this infringement.

Your submissions of files including, but not limited to, resumes, email, images, logos, audio loops and other software hereby constitutes your agreement to grant XCLUTEL a non exclusive, royalty free, worldwide, sub licensable, perpetual license to reproduce, distribute, transmit, modify, adapt, sub license and publicly display any such submissions. You also grant XCLUTEL the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.

License and website access

XCLUTEL grants you a limited license to access and make personal use of this website, and not to download, other than for page caching purposes, or modify it or any portion of it, except with the express written consent of XCLUTEL. This website or any portion of it may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of XCLUTEL. You may not frame, or use any framing techniques to enclose, any trademark, logo or other proprietary information of XCLUTEL without the express written consent of XCLUTEL. You may not use META tags or any other hidden text which utilizes xclutel.com, XCLUTEL, or any other derivative of our domain or company name without the express written consent of XCLUTEL. You are hereby granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of XCLUTEL, so long as the link does not portray any false, misleading, derogatory or otherwise offensive matter.

It is further understood and agreed that XCLUTEL cannot and does not guarantee or warrant that files made available for downloading through the XCLUTEL website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility to implement sufficient safeguards and procedures to ensure that any files obtained through XCLUTEL are free from such contaminations.

Disclaimer of warranty and limitation of liability

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY XCLUTEL ON AN AS IS AND AS AVAILABLE BASIS. XCLUTEL MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, XCLUTEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XCLUTEL DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM XCLUTEL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XCLUTEL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

XCLUTEL USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THIS WEBSITE. XCLUTEL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, XCLUTEL SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY XCLUTEL IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO XCLUTEL FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Third party links

Linked websites are not under the control of XCLUTEL, and XCLUTEL is not responsible for the contents of any linked site or any link contained in a linked site. XCLUTEL provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by XCLUTEL of the site.

Applicable law

By visiting the XCLUTEL website, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and XCLUTEL.

Disputes

Any dispute relating in any way to your visit or access of the XCLUTEL website, or to the products or services you purchase through the XCLUTEL website, shall be submitted to binding arbitration in DuPage County, Illinois, except that, to the extent you have in any manner violated or threatened to violate XCLUTEL intellectual property rights, XCLUTEL may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless XCLUTEL, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website, from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use, including negligent or wrongful conduct, by you or your use and access of the XCLUTEL website.

International use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Other provisions

XCLUTEL's failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. XCLUTEL may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

These terms cover text messages sent by XCLUTEL Communications to its customers and to people who have asked XCLUTEL to contact them. They are separate from the messages a CloudX customer sends to its own recipients, which are covered at the end of this section.

The messages XCLUTEL sends

XCLUTEL uses text messaging for service and account communication only. That includes installation and appointment scheduling, outage and planned maintenance notifications, support ticket updates, number porting and cutover coordination, and replies to a request you have made. XCLUTEL does not send marketing or promotional text messages.

Consent

XCLUTEL sends text messages only to a mobile number whose owner has agreed to receive them. You give that agreement by providing a mobile number and consenting to be contacted by text, whether on a form, in writing or to an XCLUTEL representative, or by texting XCLUTEL first. Consent to receive text messages is never a condition of purchasing any XCLUTEL product or service.

Message frequency and cost

Message frequency varies and depends on activity on your account. Message and data rates may apply. Those rates are set and charged by your own mobile carrier under your own plan; XCLUTEL does not charge for these messages.

Stopping messages

Reply STOP to any XCLUTEL text message to stop receiving them. UNSUBSCRIBE, CANCEL, END and QUIT are also accepted. You will receive one confirmation that the request was processed, and no further messages after that. Reply START to begin receiving messages again.

Stopping text messages does not stop XCLUTEL contacting you by phone or email where that is necessary to deliver or support your service.

Getting help

Reply HELP to any XCLUTEL text message for contact information. You can also reach the support desk at (708) 273-3111 or [email protected], available 24x7 for service affecting issues.

Delivery is not guaranteed

Text message delivery depends on mobile carriers and is not guaranteed. Carriers are not liable for delayed or undelivered messages. Do not use text messaging to report an emergency, and do not use it to report a total loss of service. Call the support desk at (708) 273-3111 instead.

Your mobile information

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All other categories exclude text messaging originator opt in data and consent; this information will not be shared with any third parties.

How XCLUTEL handles the rest of the information it collects is described in the Privacy Policy above.

Customers who send text messages on CloudX

CloudX includes text messaging. When a customer sends messages to its own recipients, that customer is the sender of those messages and is responsible for them. XCLUTEL provides the platform; it does not originate, approve or supervise the customer's message content or recipient lists.

United States mobile carriers require every ten digit long code to be registered to a Brand and a Campaign, commonly called 10DLC, before it can send business text messages. XCLUTEL submits that registration on the customer's behalf using the information the customer supplies in the 10DLC Brand and Campaign Registration Questionnaire, published with the customer documents on the support page. Approval is granted by the registry and the mobile carriers, not by XCLUTEL, and messages sent from a number that is not registered and approved will be filtered or blocked.

A customer sending messages on CloudX is responsible for obtaining consent from each recipient before messaging them, for retaining evidence of that consent and being able to produce it, for honoring STOP and other opt out requests promptly, and for publishing its own text messaging terms and privacy policy where its consent language points. Registration information supplied to XCLUTEL must describe the traffic the customer actually intends to send. Inaccurate or inconsistent information is the most common reason a campaign is refused.

Mobile carriers prohibit certain messaging outright, including content relating to illegal substances, firearms, hate, sexually explicit material, and high risk financial offers such as debt reduction, payday lending and get rich quick schemes. XCLUTEL may suspend text messaging on a number that generates carrier complaints, violates carrier rules, or sends traffic that does not match its registered campaign.

Unauthorized and fraudulent use

The Company shall not be liable for any damages, including usage charges, that the Customer may incur as a result of the unauthorized use of its communications equipment. The unauthorized use of the Customer's communications equipment includes, but is not limited to, the placement of calls from the Customer's premises and the placement of calls through Customer controlled or Customer provisioned equipment that are transmitted or carried over the Company's network services without the authorization of the Customer. The Customer shall be fully liable for all such charges.

Although Carrier has been successful in identifying fraudulent calling to limit its customers' exposure to fraud resulting from the operation of customer provided equipment, systems, facilities or services which are interconnected to Carrier's services, Carrier is subject to certain limitations, and therefore Carrier does not make any claims or assurances relative to its ability to identify or provide notice to its customers of fraudulent or unauthorized use. It is the responsibility of Customer to secure all Customer provided equipment. Customer remains liable for all charges resulting from the unauthorized or fraudulent use of such systems.

Upon request, Carrier will provide assistance to Customer to identify, correct and minimize the misuse or abuse through timely reconfiguration and restriction of service that is provided by Carrier. At Customer's request, Carrier shall selectively block and take other actions which are reasonably under Carrier's control in order to limit or prevent unauthorized calling resulting from the operation of Customer provided systems, equipment, facilities or services. Upon request, Carrier shall assist Customer in the referral of all relevant information to state or federal officials for the purposes of prosecuting those individuals responsible for the abuse or misuse of a Customer's service, and in the preparation and submission of relevant information under Carrier's control in all legal actions which Customer may bring against third parties responsible for the abuse or misuse of the Customer's service.

PBX and voicemail fraud

A PBX is a private switch that serves extensions in a business and provides access to the public switched network. If your PBX system is not maintained and secured, it can be an easy target for criminals to hack into, leaving you exposed to the liability resulting from the unauthorized or fraudulent use of the network services. Please incorporate the following defensive measures to alleviate much of the exposure from PBX and voicemail fraud:

• Run periodic security audits to check for loopholes in the PBX, using your PBX vendor if possible
• Disable DISA, Direct Inward System Access, if possible. If not possible, use the maximum number of digits for the DISA code
• Eliminate remote access to your PBX and disable the access system. Have authorized personnel use calling cards instead, if practical
• Do not allow unlimited attempts to enter the system. Program the PBX to terminate access after the third invalid attempt
• Shred directories or anything listing PBX access numbers
• Never divulge system information unless you know to whom you are giving it
• Secure the remote maintenance port and use a call back modem or alphanumeric passwords
• Tailor access to the PBX to conform to business needs
• Eliminate trunk to trunk transfer capability
• Restrict 0 plus, 0 minus and 10-10-XXX dialing out of the PBX
• Restrict all calls to 900, 976, 950 and 411
• Change passwords frequently
• Delete or change all default passwords
• Restrict after hours calling capability: DISA, international, Caribbean and toll calls
• Analyze call detail activity daily, using SMDRs
• Consider allowing only attendant assisted international calling
• Restrict toll free dialing from areas where there is no business requirement
• Frequently audit and change all active codes
• Deactivate unassigned voice mailboxes and DISA codes
• Make sure that system administration and maintenance port phone numbers are randomly selected, unlisted, and deviate from the normal sequence of other business numbers
• Do not allow phone lines to be forwarded to off premises numbers
• Use random generation and maximum length for authorization codes
• Deactivate all unassigned authorization codes
• Use multiple levels of security on maintenance ports, if available
• Ensure that night bell or attendant service does not default to dial tone when left unattended
• Do not use alpha passwords that spell common words or names
• Do not allow generic or group authorization codes
• Immediately deactivate passwords and authorization codes for terminated employees
• Consider implementing project account codes, an additional numeric password that adds a second level of security
• Restrict all possible means of out dial, or through dial, capability in your voicemail system
• Frequently change default codes and passwords on voice mailboxes
• Employ class of service screening to areas to which there is no business need to call

XCLUTEL is not responsible for any unauthorized or fraudulent use of the network services. Any claims of fraud shall not constitute valid justification for dispute of an invoice. It is the responsibility of Customer to secure all Customer provided equipment. Customer remains liable for all charges resulting from the unauthorized or fraudulent use of such systems. Carrier will provide assistance to Customer upon request in its efforts to identify, correct and minimize the misuse or abuse through timely reconfiguration and restriction of service that is provided by Carrier. At Customer's request, Carrier shall selectively block and take other actions which are reasonably under Carrier's control in order to limit or prevent unauthorized calling resulting from the operation of Customer provided systems, equipment, facilities or services.

XCLUTEL Communications holds tariffs on file with the state commissions listed below. Where a copy is published here it is linked; for anything not linked, contact the XCLUTEL legal department using the details at the foot of this page.

Illinois

• XCLUTEL IXC Tariff, on file with the Illinois Commerce Commission (PDF, Illinois CC Tariff No. 2)
• XCLUTEL Local Services Tariff, on file with the Illinois Commerce Commission (PDF, Illinois CC Tariff No. 1)

Indiana

• XCLUTEL IXC Tariff, on file with the Indiana Utility Regulatory Commission (PDF, Indiana U.R.C. Tariff No. 1)
• XCLUTEL Local Services Tariff, on file with the Indiana Utility Regulatory Commission. Available on request.

Michigan

• XCLUTEL Tariff, on file with the Michigan Public Service Commission (PDF)

Wisconsin

No tariff is required for the State of Wisconsin.