Terms and Conditions

Your use of Cincinnati Bell Voice Messaging Services represents your agreement to abide by these Terms and Conditions. If you are unable or unwilling to abide by these Terms and Conditions, please contact your Cincinnati Bell Telephone representative immediately. If you cancel your mailbox within five days after receiving these Terms and Conditions, there will be no charge for your Voice Messaging mailbox and Cincinnati Bell Telephone will refund any amounts paid for the service.

The Terms and Conditions apply to your Voice Messaging mailbox. The network services that enable you to use the mailbox and that you have ordered with your mailbox are provided to you under the rates, terms and conditions of a tariff filed with the public service commission in your state. These services may include Call Forward Don't Answer, Call Forward Busy, Call Forward (Variable) and Message Waiting Notification (Stutter Dial Tone). Also, remember that if you have measured service, calls to deposit messages in or retrieve messages from, and otherwise access your mailbox, will be charged the applicable local rate.

Description of Service Being Provided to You:

Cincinnati Bell telephone is providing you with a voice mailbox to which unanswered, busy and/or Call Forwarded calls will be forwarded from your telephone. Calls will be forwarded after approximately three rings (unless you specify differently) when the call is not answered; it will be forwarded after one ring when the phone line is busy or when Call Forwarding is activated. When a call is forwarded to your mailbox, the caller will hear your greeting and then will have the option of leaving a message. This message can be up to three minutes long. Where available, and if ordered by you, a special dial tone (stutter dial tone) on your telephone will alert you that you have a message(s) in your mailbox. You can retrieve the messages from your mailbox by dialing a series of numbers with your personal password number. Each message will include the date and time it was recorded.

Your mailbox will hold up to 15 - 30 messages. A new message will be kept in your mailbox for up to 30 days from the time it was recorded, even if you save the message. After the 30-day period, the message will be erased from your mailbox. You will have the option of hearing the message before it is deleted.

On various occasions Cincinnati Bell Telephone will provide you with information about your Voice Messaging service, including descriptions of enhancements that have become available, by leaving a message in your mailbox. If you have measured service, your retrieval of this message will be at your expense.

Payment:

The charge for your Voice Messaging mailbox will appear on your telephone bill. Your payment has the same due date and is subject to the same late payment charge as other items on the bill. In addition to the monthly charge for your mailbox, you are obligated to pay all applicable taxes assessed against either Cincinnati Bell Telephone or you for your use of the mailbox, plus the collection charge normally recovered by Cincinnati Bell Telephone. These taxes and related charges will be included in the tax charge that appears on your telephone bill.

If you have questions about your Voice Messaging charge, call the number provided on your Cincinnati Bell Telephone bill.

Credit for Service Interruption:

Cincinnati Bell Telephone will provide you with a credit, upon request, against your monthly bill for interruptions in your Voice Messaging service that continue for at least 24 consecutive hours. An "interruption" is defined as a condition that prevents callers from leaving messages on your mailbox or that prevents you from retrieving messages. The interruption period will be calculated from the time you notify Cincinnati Bell Telephone of the problem or the time that Cincinnati Bell Telephone discovers the problem, whichever is earlier. Credit will be given for the final day of an interruption period if the interruption lasts longer than 12 consecutive hours of that day.

Your credit will be in the amount of one-thirtieth (1/30) of your monthly mailbox charge for each day of the interruption. The credit will be applied against your next monthly charge. This is the only liability to your for service interruption.

You will not be entitled to a credit if the interruption in your mailbox service is caused by you or someone authorized by you or by the failure of equipment or facilities provided by you or someone authorized by you.

Limitation of Liability:

The amounts payable by you for your mailbox are not sufficient to warrant Cincinnati Bell Telephone's assumption of any risk of consequential, incidental or other such indirect damages. Therefore, Cincinnati Bell Telephone and its corporate affiliates will not be liable under any circumstance to you or any third party (whether in contract, tort or otherwise) for consequential, incidental or other indirect damages, including loss of information, profits or business opportunity, arising from the mailbox.

In addition, Cincinnati Bell Telephone and its corporate affiliates' liability to you and any third party for actual and direct damages per service interruption or malfunction (whether in contract, tort or otherwise) arising from the performance or failure to perform of your voice mailbox will in no event exceed three times the total amount paid by you during the proceeding six months for use of the mailbox.

Cancellation of Services:

You may cancel your Voice Messaging service at any time. To cancel, call a Cincinnati Bell Telephone representative at the telephone number on your bill or in the White Pages. Upon cancellation you will be obligated to pay a prorated amount for the portion of the final month during which you received the Voice Messaging service.

Cincinnati Bell Telephone may cancel your mailbox service at any time, with or without advance notice, if it learns that the service is being used in an inappropriate fashion, such as for unlawful purposes, to defraud a person, or to interfere with another person's use of the telephone system.

Use of Voice Messaging Service:

Cincinnati Bell strictly prohibits the use of its Voice Messaging service to transmit or distribute harassing messages, or to transmit or distribute unwanted solicitation for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.

Violation of this policy will result in the termination of your Voice Messaging service by Cincinnati Bell.

Changes to the Terms and Conditions to the Voice Messaging Services:

Cincinnati Bell Telephone may change any of these Terms and Conditions or may discontinue your Voice Messaging service altogether by notifying you of the change or discontinuance at least 45 days before the effective date. Also Cincinnati Bell Telephone may increase the price of its Voice Messaging service by notifying you of the increase at least 45 days before its effective date. Cincinnati Bell Telephone may reduce the price of the service without advance notice.

No agent or representative of Cincinnati Bell Telephone has the authority to change these Terms and Conditions except as described in the preceding paragraph.