These Messaging – Terms and Conditions (the “Terms and Conditions”) supplement the Master Service Agreement (the “MSA”) (including any Exhibits, SOFs, Rate Sheet(s), and any other attachments to the MSA, all of which are fully incorporated by reference within these Terms and Conditions). Capitalized terms not elsewhere defined in these Terms and Conditions will have the meaning ascribed to them in the MSA or any applicable SOF.

 

1. Service Description. Messaging is a Short Message Service delivering messages between Customer’s IP address(es) or domain(s) and Fireline Communications Messaging facilities. Additionally, A2P Messaging is a Short Message Service delivering messages between Customer’s IP address(es) or domain(s) and Fireline Communications Messaging facilities that enables delivery of messages between TNs, TFNs, and/or Short Codes (each as defined below) associated with applications and/or other communication service(s) to TNs, TFNs and/or Short Codes associated with individual End Users (“A2P Messaging”), as determined by Fireline Communications in its reasonable discretion and interpreted in accordance with the applicable CTIA Messaging Principles (as defined below) and applicable laws. Additionally, “Toll-Free Messaging” is a Short Message Service delivering messages (including messages that include multimedia content and/or two or more intended recipients) between Customer’s IP address(es) or domain(s) and Fireline Communications messaging facilities for intended delivery of any such message(s) to or from a TFN.

 

Compliance with CTIA Messaging Principles and Applicable Laws: Customer’s use of Messaging and A2P Messaging must comply with any applicable CTIA Messaging Principles and all applicable laws. Customer will be solely responsible for the evaluation and qualification of Customer’s actual and prospective End Users’, customers’ and/or Subscribers’ use cases to ensure such use cases follow applicable CTIA Messaging Principles and, where applicable to A2P Messaging, subject to the provisions below regarding “Campaign Registration and/or Approval and Related Matters.” Any SMS message that does not comply with the CTIA Messaging Principles, applicable laws, and/or the provisions below regarding “Campaign Registration and/or Approval and Related Matters” (if applicable) constitutes a violation of the AUP. “CTIA Messaging Principles” means (1) the CTIA Messaging Principles and Best Practices, dated as of July 2019, as amended, supplemented and/or superseded from time to time by the CTIA The Wireless Association; or (2) to the extent applicable, CTIA Short Code Monitoring Handbook, dated as of March 2017, as amended, supplemented and/or superseded from time to time by the CTIA The Wireless Association; or (3) any other similar documents or guidelines promulgated from time to time by the CTIA The Wireless Association.

TN and/or TFN Utilization: Unless otherwise approved in writing by Fireline Communications, Customer may not use or otherwise enable any telephone number (including, without limitation, TFNs (as defined below)) (each individually a “TN” and collectively “TNs”) provided by Fireline Communications (or its affiliates) for Usage, SMS and/or any other form of traffic from any carrier or provider other than Fireline Communications. Except as may be expressly permitted by the CTIA Messaging Principles from time to time, including, without limitation, with respect to toll-free telephone numbers (each individually a “TFN” and collectively “TFNs”), Customer may not establish and/or operate peer-to-peer relationships with any third party(ies) with respect to any TNs provided by Fireline Communications (or its affiliates) at any time. Fireline Communications will serve as the Responsible Organization (as defined below) with respect to all TFNs used by Customer in connection with Messaging and A2P Messaging, unless Customer serves as such Responsible Organization with any applicable TFN. “Responsible Organization” means the party hereto that is responsible for managing and administering the account records in the Toll-Free Service Management System Database.

Customer may not use Fireline Communications TNs or TFNs to route messages over any another provider’s network.

Maximum Messages Per Second: Messaging limits the maximum number of messages Customer may transmit measured on a per second basis. Unless otherwise determined by Fireline Communications, the maximum number of messages per second Customer may transmit with respect to any TN, TFN or Short Code is limited to one (1). For clarity, the foregoing maximum number of messages per second Customer may transmit includes all messages sent and/or received by all Customer’s Subscribers or End Users on an aggregated basis with respect to any one (1) TN, TFN or Short Code. For clarity, this paragraph does not apply to A2P Messaging.

Message Rating: Messaging and/or A2P Messaging rates messages for billing purposes on a per message segment sent and/or received basis. Billable components of each message are based on: (i) the authorized IP sending a message (“Outbound Message”), and (ii) Customer and/or subscriber of a TN, TFN or Short Code receiving a message (“Inbound Message”). Long message content will be split into multiple billable segments based on received data encoding. If any fee(s) is imposed by any destination network, including, without limitation, any international termination fee(s), Fireline Communications will charge Customer such fee(s) and reserves the right to include an administrative or other fee(s) in addition to any such fee(s). For clarity, this paragraph applies to both Messaging and A2P Messaging Services.

Carrier and/or Third Party Fees and Charges: If there are termination fees, additional out-of-pocket fee(s), or other charges levied by a carrier or any third party for the traffic processed by Fireline Communications on behalf of Customer, including, without limitation, carrier fee(s) and/or code administrator fee(s), Fireline Communications will invoice Customer for those fees and any fees required to support the transaction. Fireline Communications will, to the extent reasonably practicable, notify Customer in writing (including email notification) in advance of any charge or fee assessed by a carrier and/or third party in connection with Customer’s receipt of the Services set forth herein. If it is not reasonably practicable for Fireline Communications to provide notice to Customer of any such fees, Fireline Communications will provide such notice promptly upon the date Fireline Communications is notified that such fees have commenced. Carrier and/or Third Party Fees and Charges: If there are termination fees, additional out-of-pocket fee(s), or other charges levied by a carrier or any third party for the traffic processed by Fireline Communications on behalf of Customer, including, without limitation, carrier fee(s) and/or code administrator fee(s), Fireline Communications will invoice Customer for those fees and any fees required to support the transaction. Fireline Communications will, to the extent reasonably practicable, notify Customer in writing (including email notification) in advance of any charge or fee assessed by a carrier and/or third party in connection with Customer’s receipt of the Services set forth herein. If it is not reasonably practicable for Fireline Communications to provide notice to Customer of any such fees, Fireline Communications will provide such notice promptly upon the date Fireline Communications is notified that such fees have commenced.

When Customer utilizes A2P Messaging, the following also will apply to A2P Messaging:

Campaign Registration and/or Approval and Related Matters: A “Campaign” is an SMS-based, one-way or two-way conversation utilizing A2P Messaging that an End User consents to receive (or otherwise “opts in” to) in accordance with customary industry standards and applicable law. For Short Codes: Any Short Code Campaign (defined below) must be pre-registered and preapproved by wireless carriers. For TFNs: Any Campaign use cases must be pre-approved by Fireline Communications; however, individual Campaigns delivering SMS messages from TFN(s) do not need to be pre-registered with Fireline Communications. For TNs: Any Campaign must be pre-registered pursuant to prevailing industry standards; however, in the absence of any applicable industry standards, as reasonably determined by Fireline Communications, a Campaign use case must be registered with Fireline Communications.

Customer will not (i) Unless expressly authorized by Fireline Communications in writing, Customer will not use A2P Messaging for any Campaign for: (a) affiliate lead and/or commission generation, (b) advertisements for loan(s); (c) credit repair; (d) debt relief; (e) “work from home,” “secret shopper” or other similar advertising campaigns; (f) lead generation campaigns that state or imply sharing of collected information with third parties; (g) the improper creation or resale of phone verified accounts for services not owned by Customer; (h) third party debt collection; (i) any other message(s) (or types of message(s)) not in compliance with the recommendations of and/or prohibited by the then-effective CTIA Short Code Monitoring Handbook; and/or (j) any content or purpose in violation of the AUP. Fireline Communications may revoke, at any time and in its sole discretion, any authorization provided by Fireline Communications to permit any such use of A2P Messaging.

Customer will not (i) use any methods designed or intended to evade fraud, spam and/or other similar controls utilized by Fireline Communications and/or applicable wireless carriers; (ii) send SMS messages from more source TNs, TFNs and/or Short Codes than reasonably necessary to support the functioning of Customer’s application(s) (also known as “snowshoeing”); (iii) utilize dynamic routing that results in frequent changes to the delivery path of SMS message(s) delivered with A2P Messaging; or (iv) use URL shorteners other than in accordance with customary industry practices.

Any Campaign must require End User consent to receive any SMS message(s) delivered with A2P Messaging. Any Campaign also must permit any applicable End User(s) to revoke any prior consent at any time and in any manner consistent with customary industry standards, including, without limitation, the text of the word “Stop.” Customer will ensure that End User(s) are informed of (and have readily available access to) a process to cancel receipt of SMS message(s) from any applicable Campaign and/or “opting out” of any such SMS message(s). Customer will immediately stop sending SMS message(s) to any End User who has “opted out” of any applicable Campaign.

Fireline Communications may block, without notice and in Fireline Communications sole discretion, any A2P Messaging traffic that Fireline Communications deems not to comply with these Terms and Conditions. Customer will cooperate with Fireline Communications to promptly resolve any End User complaints regarding any Campaign. Customer will use its reasonable efforts to promptly notify Fireline Communications (but in no case more than three (3) days) if Customer receives complaints from End User(s) regarding any Campaign or otherwise becomes aware of alleged acts or omissions that otherwise would violate these Terms and Conditions. Customer also will comply with any other existing or future regulatory obligations and/or customary industry standards that apply to any Campaign from time to time.

Failure to comply with these Terms and Conditions, including, without limitation, this Section 1, constitutes a Default; Fireline Communications may suspend and/or terminate any A2P Messaging Services, any applicable TN, TFN, Short Codes, and/or the MSA and/or any applicable SOF upon any such Default.

Message Class: If applicable, Fireline Communications will signal to applicable wireless carriers a Message Class for Customer’s A2P Messaging traffic. A “Message Class” designates a customer’s risk profile, allowed per-number throughput, and can only be assigned by Fireline Communications, wireless carriers, or a designated reviewing party; a Message Class only applies to long code A2P Messaging traffic. Customer will have access to a single Message Class, which will be designated after an initial Campaign review by Fireline Communications, wireless carriers or a designated reviewing party. Customer acknowledges and agrees that any Message Class designated to Customer may result in Message Class tag(s) for any applicable A2P Messaging traffic from Customer and may affect per-number throughput to applicable wireless carriers and/or delivery of any applicable A2P Messaging message(s). In addition to any other rights Fireline Communications may have pursuant to the MSA and/or these Terms and Conditions, failure to comply with these Terms and Conditions, including, without limitation, may result in a change to Customer’s Message Class.

De-Activation: Customer will remove de-activated TNs, TFNs and/or Short Codes (as applicable) from all A2P Messaging Services using best efforts to remove such de-activated TNs, TFNs and/or Short Codes within twenty-four (24) hours, but in no event more than forty-eight (48) hours of Fireline Communications making available to Customer through existing operational processes a file of deactivated TNs, TFNs and/or Short Codes.

 

2. Service Limitations. Messaging and A2P Messaging do not provide any audio and/or voice capabilities and/or features. In addition to any other rights or remedies that Fireline Communications may have under any applicable circumstances, Fireline Communications, in its sole and unfettered discretion, may block any Messaging and A2P Messaging traffic Fireline Communications deems to be in violation of the MSA, these Terms and Conditions, the AUP, and/or any agreements, arrangements and/or practices of or between Fireline Communications and any carriers and/or other service providers. Any violation of any of the foregoing provisions of this Section 2 could cause Customer’s TN, TFN, Short Code and/or any applicable TN, TFN, or Short Code to be blocked for outbound message transmission by Fireline Communications and/or traffic blocking and/or black-listing by any applicable receiving carriers and/or other service providers; Fireline Communications does not guarantee removal from any applicable black-listed status. Fireline Communications may block at any time any messages deemed by Fireline Communications in its sole and unfettered discretion to jeopardize the integrity of Fireline Communications network (including, without limitation, due to any action taken and/or threatened by any third party carrier and/or other service provider); any such blockage will be without prejudice to any other right or remedy that Fireline Communications may have due to any such messages pursuant to the MSA, these Terms and Conditions, the AUP or otherwise. If any such blocking of any messages occurs, Fireline Communications may in its discretion attempt to block only the TNs, TFNs, and/or Short Codes breaching these Terms and Conditions and/or jeopardizing Fireline Communications network; if the blocking of individual TNs, TFNs, or Short Codes is not feasible for any reason, as determined by Fireline Communications in its sole and unfettered discretion, Fireline Communications reserves the right to block all message(s) initiated by Customer and/or any applicable End Users, customers and/or Subscriber(s) of Customer. If Fireline Communications blocks any messages pursuant to this Section 2, Fireline Communications will make commercially reasonable attempts to notify Customer in advance of such blockage; provided, however, Fireline Communications will be under no obligation to provide any such notification, including, without limitation, if circumstances do not permit delay of any blockage or other action by Fireline Communications for any reason. Customer acknowledges and agrees that messages to or from Customer or Customer’s End Users, customers and/or Subscribers may be blocked by carriers or other service providers for reasons known or unknown to Fireline Communications; Fireline Communications is under no obligation to investigate or remedy any such blockage for Customer or any of Customer’s End Users, customers, or Subscribers. Fireline Communications does not guarantee delivery, regardless of the reason, of any messages.With respect to any Messaging or A2P Messaging attributable to any TN(s) associated with Canada (also known as Zone Canada): Customer will not at any time utilize any Message Distribution Management (as defined below) and/or utilize Messaging or A2P Messaging in any manner that results in Disproportionate Messaging Distribution (as defined below) in connection with Customer’s use of Messaging or A2P Messaging in Canada. Customer acknowledges and agrees that the Rates applicable to the Services offered to Customer by Fireline Communications are offered in reliance upon Customer’s foregoing agreement. “Messaging Distribution Management” means any process or system of analyzing, selecting and directing the use of Messaging in any manner based on cost. “Disproportionate Messaging Distribution” means any use of Messaging or A2P Messaging during any calendar month that results in the delivery of SMS and/or MMS messages to wireless operator(s) and/or other(s) in a manner that causes more than fifty percent (50%) of Customer’s aggregate SMS and/or MMS messages to any single wireless operator; for the purposes of calculating the applicable percentage with respect to any applicable calendar month with respect to each Canadian wireless operator, the numerator will equal the aggregate SMS and/or MMS messages delivered to each applicable Canadian wireless operator (including its respective affiliate(s)) and the denominator will equal the aggregate SMS and/or MMS messages delivered to all Canadian wireless operators. For clarity, this paragraph applies only to Messaging or A2P Messaging subject to the Network Access Rate as set forth in the Rate Sheet.

 

3. Customer must connect to Fireline Communications network in a manner and, if applicable, at locations determined by Fireline Communications. Customer will, at Customer’s sole cost, be responsible for providing all equipment (including proxy servers), software, facilities and IP connectivity (including, without limitation, connectivity to Customer’s End Users, customers or subscribers) necessary for Customer’s Messaging and/or A2P Messaging applications and Customer’s network to operate with Messaging and/or A2P Messaging, and for providing and ensuring the successful installation of all equipment and software necessary for Customer’s End Users, customers or subscribers to use services sold to such End Users, customers or subscribers. Customer will have the sole responsibility to input, validate and maintain accurate information with respect to Customer’s End Users, customers or subscribers; Customer will furthermore be solely responsible for all support of and for Customer’s End Users, customers or subscribers as it relates to Messaging and/or A2P Messaging. Customer is responsible for maintaining continuous availability to receive messages from Fireline Communications via IP connectivity.

 

4. If applicable, Customer and Fireline Communications will reasonably cooperate with each other to test to ensure interoperability between Fireline Communications and Customer’s networks and systems. All necessary interoperability testing will be completed within a reasonable time. If after completion of initial interoperability, Customer plan to make upgrades, updates and/or enhancements (collectively “Configuration Changes”), Customer will notify Fireline Communications prior to implementing a Configuration Change so that Customer and Fireline Communications may work together in good faith to determine how best to proceed regarding such Configuration Change. If at any time an interoperability condition occurs that adversely affects Fireline Communications network that cannot be adequately remedied within a reasonable period, taking into consideration the severity of the interoperability condition and the effect on Fireline Communications network, Fireline Communications may, at its sole discretion, suspend the provision of Services pursuant to these Terms and Conditions. The Parties will communicate as reasonably necessary to isolate and repair any problems in their respective networks; provided, however, each Party will remain solely responsible for any costs or liabilities incurred in connection with the repair of any problem with respect to such Party’s network.

 

5. Charges and Rates. All Services are provided pursuant to the Rate Sheet.

 

6. Porting Numbers. Fireline Communications may require a completed and signed Letter of Authorization (“LOA”) for any existing telephone numbers Customer wishes to port from another carrier to Fireline Communications. Fireline Communications may require a recent copy of the current phone bill that contains Customer’s Billing Telephone Number (“BTN”) as well as a record of any TNs and/or TFNs that need to be ported. Fireline Communications must receive necessary LOA(s) and/or bill copy(ies) before Fireline Communications. Fireline Communications will initiate a port request and obtain a Confirmed Port Date. The “Confirmed Port Date” is the date upon which the current voice provider has agreed to port a TNs and/or TFNs to Fireline Communications. The Confirmed Port Date interval may in some cases take as long as one (1) to two (2) business weeks after Customer initiate the port request; since the port interval is a product of the accuracy of the information provided to Fireline Communications by Customer, as well as the processing speed of Customer’s current voice provider, Fireline Communications makes no guarantees regarding the promptness of a port, however all ports will be provided consistent with applicable law.

 

7. Customer will not participate in or assist in any fraudulent Usage, in any form or by any means, either Customer, Customer’s Users, customers, and/or any End Users. If Customer suspects, knows of, or should have known of any fraudulent Usage, Customer will immediately stop all fraudulent Usage and notify Fireline Communications. Customer acknowledges, understands and agrees that Fireline Communications does not provide, is not required to provide, and does not warrant, any fraud prevention. If Fireline Communications becomes aware of unusual Usage volumes or patterns, Fireline Communications will make commercially reasonable attempts to notify Customer; provided, however, Fireline Communications will have no obligation to notify Customer of any such volumes or patterns. Fireline Communications sole obligation to Customer with respect to any actual, alleged or suspected fraudulent Usage will be to reasonably cooperate with Customer, upon Customer’s request and at no expense to Fireline Communications, to assist Customer’s efforts to stop any fraudulent Usage that Customer report to Fireline Communications. Customer will be solely responsible for all risks, expenses and liabilities arising from or relating to fraudulent Usage by Customer, Customer’s Users, Customer’s customers and/or Customer’s customers, End Users, or any other person or entity directly or indirectly utilizing Messaging and/or A2P Messaging. Notwithstanding anything in this Section 7 to the contrary, Customer is and will remain solely responsible for all Usage, fraudulent or otherwise.

 

8. Regulatory Responsibilities. Customer (i) will be solely responsible for and will undertake all required action(s) before the FCC, any PUC, any state regulatory agency, any court or any other controlling regulatory bodies, agencies, commissions or other authority, (ii) will obtain any required governmental approval(s), and (iii) will fully comply with all applicable laws, regulations, including, without limitation, all applicable and/or FCC requirements, such as CALEA and CPNI, in each case as such actions, approvals and/or laws and regulations apply or relate to the utilization of Messaging and/or A2P Messaging by Customer, Customer’s Users, Customer’s End Users, Customer’s customers, or any other person or entity to which Customer provide any services utilizing Messaging and/or A2P Messaging.

 

9. Fireline Communications has no relationship with or obligation to any of Customer’s End Users or any other person or entity to which Customer provide any services utilizing Messaging and/or A2P Messaging, none of whom is a third-party beneficiary of the MSA or these Terms and Conditions. Customer is solely responsible for all pricing, billing and collections, and/or compliance with any applicable laws or regulations related to any services Customer provide to Customer’s End Users or any other person or entity to which Customer provide any services utilizing Messaging and/or A2P Messaging. Customer will provide technical support to Customer’s End Users and will conduct customary problem resolution and troubleshooting activities directly with Customer’s End Users to determine whether any condition affecting any Service(s) is attributable to Fireline Communications network prior to reporting a Service Outage pursuant to the Section 11 of the MSA.

 

10. Additional Terms. The following applies only if Customer utilizes Multimedia Messaging Service in connection with any TN, TFN, or Short Code to which Messaging, and A2P Messaging applies: Multimedia Messaging Service (“MMS”) delivers messages between Customer-provided IP address(es) or domain(s) and Fireline Communications Messaging facilities if such messages include multimedia content and/or two or more intended recipients. Customer acknowledges and agrees that MMS interoperability is an evolving standard. Messages are exchanged between service providers on a best-efforts basis and Fireline Communications does not guarantee delivery. Customer will pay Fireline Communications with respect to MMS pursuant to the Rates set forth in the Rate Sheet; for clarity, such Rates will apply to each intended recipient and/or each text message. All terms and conditions applicable to Messaging and A2P Messaging pursuant to the MSA, these Terms and Conditions or otherwise also will apply to MMS. For clarity, Customer will be solely responsible for compliance by Customer (and by Customer’s End Users, customers and/or subscribers) with any CTIA Messaging Principles applicable to any utilization of MMS by Customer, Customer’s End Users, subscribers, or any other person or entity to which Customer provides any services utilizing MMS.

The following applies only if Customer utilizes 2 Factor Authentication in connection with any Messaging Service:

2 Factor Authentication (“2FA”), also known as Multi-Factor Authentication (“MFA”), is a service that provides Customers with the ability to request a unique, time-limited code (a “Code”) be sent to an End User on a pre-established communication channel for the purpose of validating, verifying or authorizing such End User. 2FA is commonly used as a method of authentication for End User service log-ins but may be used in a variety of other use cases that may require validation, verification or authentication information delivery.

For the purposes of billing 2FA, Fireline Communications will bill Customer for each completed 2FA “Transaction”, where Transaction includes a) the sending of a 2FA Code and b) a “valid” response from the verification (“Valid Verification Response”) of said Code via Fireline Communications, which may require one or more attempts at verification. Transactions that never result in a Valid Verification Response will not receive a 2FA charge. An excessive occurrence of transactions that fail to result in a Valid Verification Response may trigger an account review. Information regarding the completion of Transactions may be used in aggregate to perform quality control, gauge routing effectiveness and deliverability and product development.

The following applies only if Customer uses Short Codes:

A “Short Code” is a 5, or 6-digit number that represents either the originating or terminating end of an SMS conversation, as the case may be. Short Codes are associated with one or more Campaigns. A “Short Code Campaign” is an SMS-based one way or two-way conversation that an End User “opts in” to receive; Short Code Campaigns are assigned to one or more Short Code(s). A “Premium Short Code” is any Short Code that results or would result in a charge to the End User exceeding any applicable Rate associated with the transmission of the SMS itself; for example, any Short Code that would result in a charge to the End User’s (excluding any charge associated with the transmission of the SMS itself and/or any applicable usage of data associated with the transmission of the SMS), including, without limitation, any charitable contribution or donation resulting from such Short Code, would constitute a Premium Short Code.

Customer may access available common Short Codes (excluding Premium Short Codes) through Fireline Communications Electronic Tools. Fireline Communications will route any applicable SMS with respect to any applicable Short Code to applicable aggregator(s), which aggregator(s) gather(s) and manage(s) Short Codes from applicable content provider(s) associated with the applicable Short Code. Customer’s use of all Short Codes will comply with applicable CTIA Messaging Principles and/or any guidelines established from time to time by the Mobile Marketing Association. For all recurring Short Code Campaigns, automatic responses for the following keywords will be implemented by Customer:

• “HELP” – Customer will send a HELP message after the mobile subscriber texts the HELP keyword. Short codes should reply with additional contact information to any mobile subscriber requests for help.
• “STOP” – Customer will send an opt-out message after the mobile subscriber texts the STOP keyword. The opt-out message confirms that the mobile subscriber has been opted out of the program.
• “Message and Data Rates May Apply”– A version of this language will appear on the initial welcome message after the mobile subscriber opts-in

For all recurring SMS or Short Code Campaigns, the following will made available to the mobile subscriber during the opt-in process:

• Customer’s Privacy Policy;
• Customer’s Terms and Conditions; and
• Disclaimer regarding destination carriers are not liable for delayed or undelivered messages.

The following applies only if Customer obtains Messaging or A2P Messaging as a product without Inbound Calling pursuant to any applicable SOF:

Porting Numbers. Fireline Communications will require a completed and signed Letter of Authorization (“LOA”) for any existing telephone numbers or Short Codes Customer wishes to port from another carrier to Fireline Communications. Fireline Communications may require a recent copy of the current phone bill, which contains Customer’s Billing Telephone Number (“BTN”), Short Code lease, record of campaign approval history of any numbers that need to be ported. Fireline Communications must receive necessary LOA(s) and/or bill copy(ies) before Fireline Communications will initiate a port request and obtain a Confirmed Port Date. The “Confirmed Port Date” is the date upon which the current provider has agreed to port a number(s) to Fireline Communications. The Confirmed Port Date interval may in some cases take as long as one (1) to two (2) business weeks after Customer initiates the port request; since the port interval is a product of the accuracy of the information provided to Fireline Communications by Customer, as well as the processing speed of Customer’s current voice provider, Fireline Communications makes no guarantees regarding the promptness of a port, however all ports will be provided consistent with applicable law.

The following applies only if Customer selects any International SMS / MMS Service (as defined below) in connection with Messaging pursuant to any applicable SOF:

“International SMS / MMS Service” means, subject to these Terms and Conditions, the transmission of International MMS Messages and/or International SMS Messages as selected by Customer as an “International” feature pursuant to any applicable SOF.
“International MMS Message” means an MMS message from or destined to any third-party operator or user of a communications network operator in Zone 1; for clarity, “International MMS Message” does not include any MMS message from or destined to any third party operator or user of a communications network operator in Zone Canada (also known as Canada, unless subsequently modified in accordance with these Terms and Conditions), Zone 2, Zone 3, Zone 4 or Zone 5.
“International SMS Message” means an SMS message from or destined to any third-party operator or user of a communications network operator in Zone Canada (also known as Canada, unless subsequently modified in accordance with these Terms and Conditions), Zone 2, Zone 3, Zone 4 or Zone 5.

Zones are as defined from time to time by Fireline Communications, which can be found here, and may be updated upon ten (10) days prior written notice to Customer:

For all purposes related to International SMS / MMS Service, as used in Sections 1 – 9 above, “Messaging” will be deemed to include the International SMS / MMS Service.

International SMS / MMS Service. Fireline Communications will provide International SMS / MMS Service to Customer. Customer will pay Fireline Communications pursuant to the Rates set forth in the Rate Sheet. All such Rates and/or any other applicable charges, fees, including, without limitation, with respect to the porting of TNs, will be subject to the MSA; provided, however, except as expressly stated in any applicable Rate Sheet, Fireline Communications may change any such Rates at any time upon ten (10) days’ notice to Customer. If at any time any network operator, peering intermediary, or other intermediary carrier in Zone 1 or Zone Canada (also known as Canada, unless subsequently modified in accordance with these Terms and Conditions) imposes, or seeks to impose, any fee or any other charge of any kind relating to the International SMS / MMS Service, except as expressly stated in any applicable Rate Sheet (X) Fireline Communications will have the right immediately to cease transmission of International MMS Messages and/or International SMS Messages to any such network operator, peering intermediary or other intermediary carrier in such country or territory unless and until (1) such country or territory is re-designated to another zone within Zone 1, Zone Canada (also known as Canada, unless subsequently modified in accordance with these Terms and Conditions), Zone 2, Zone 3, Zone 4 or Zone 5, or (2) these Terms and Conditions are otherwise amended by mutual written agreement; and (Y) Fireline Communications will have the right immediately to cease transmission of International MMS Messages to any such network operator, peering intermediary or other intermediary carrier in such country or territory if such country or territory no longer is designated within Zone 1 or Zone Canada (also known as Canada, unless subsequently modified in accordance with these Terms and Conditions), as applicable.

Additional Limitations on Proper Use of International SMS / MMS Service. In addition to all other applicable limitations pursuant to the MSA and/or these Terms and Conditions, including, without limitation, Section 2 above, Customer will not bundle, aggregate or otherwise combine in any way any International MMS Message or International SMS Message originating from any TN with any MMS or SMS originating from any other TN, or engage in any group messaging, it being understood and agreed that each single unique TN shall only and exclusively be used for, including, without limitation, all billing and reporting purposes with respect to, MMS and/or SMS originating and terminating from and to such single, unique TN.