These Terms of Service constitute the agreement (“Agreement”) between Carolina Digital Phone, Inc. (“we,” “us” or “Carolina Digital”) and the user (“you,” “user” or “Customer”) of Carolina Digital Phone’s residential, business, or communications services and any related products or services (“Service”). This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter, or any other IP connection device (“Device” or “Equipment”), used in conjunction with the Service.
By activating or using the Service, you represent that you are of legal age to enter into this Agreement and that you have read and fully understand its terms and conditions.
Carolina Digital Phone, Inc. is a Registered Interconnected VoIP Provider listed with the Federal Communications Commission (FCC Registration Number: 002-13989-38; Filer ID: 829591). We can provide domestic and international VoIP services under Section 214 of the Communications Act. We comply with all FCC obligations, including Customer Proprietary Network Information (CPNI) rules and robocall mitigation requirements.
We also comply with Kari’s Law and the RAY BAUM’s Act, ensuring direct 911 dialing from multi-line telephone systems (MLTS) and, where technically feasible, transmission of dispatchable location information (street address, room/suite number, floor) to the appropriate Public Safety Answering Point (PSAP), in accordance with FCC regulations.
For details about how we protect your privacy and CPNI, see: https://carolinadigitalphone.com/customer-privacy/
For information about HIPAA compliance and Business Associate Agreements (BAAs), see: https://carolinadigitalphone.com/voip-phones-and-hipaa-compliance/
1. Emergency Services – 911 Dialing
911 Dialing is different from traditional landline-based 911 service. Most customers have access to either Basic 911 or Enhanced 911 (E911) service. With E911, your telephone number and registered address are sent to the local emergency center. In Basic 911 areas, the operator will not have your callback number or exact location, so you must provide this information when calling.
If you lack Basic 911 or E911, your 911 call may be routed to a national emergency call center. You authorize us to disclose your name, telephone number, and address to third parties involved in providing 911 services.
1.1 Registration of Physical Location
You must register each device you use’s physical location. If you move the device, you must update your location using your Carolina Digital Phone web account. Failure to update your address may result in misrouted emergency calls.
1.2 Testing Emergency Services
You may test your 911 configuration by dialing 9-3-3 from any Carolina Digital Phone device to confirm your registered location.
1.3 Service Outages
911 Dialing will not function during: Power outages, Internet disruptions, Termination of your broadband or Carolina Digital Phone service, ISP port blocking, or other service disruptions. We are not responsible for outages caused by third parties or for any impediment to your usage of the Service.
1.4 Other Limitations
911 Dialing may not function if you change your phone number or port a new number until reactivation is completed. Network congestion may cause delays.
1.5 Disclaimer of Liability
We are not liable for how emergency centers or third-party routing services handle 911 calls. You agree to indemnify Carolina Digital Phone against claims related to your use of the 911 Dialing service, except in cases of gross negligence or willful misconduct.
1.6 Alternate 911 Arrangements
We recommend having an alternative means of accessing 911 (e.g., mobile phone or landline) if you are concerned about the limitations of VoIP 911 service.
2. Service
2.1 Term
Service is offered on a monthly basis unless otherwise specified. Cancellation requires notice as stated in your agreement. Early termination may incur fees as described.
2.2 Residential Use
Residential Service is intended solely for residential use. Prohibited activities include auto-dialing, telemarketing, fax or voicemail blasting. We may reclassify your account or terminate service if misuse is detected.
2.3 Business Use
Business services must comply with applicable laws, including the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227. Prohibited uses include robocalls, telemarketing, and automated broadcasts unless you are subscribed to a plan specifically supporting such activities.
2.4 Bundled Services
Carolina Digital Phone services may be bundled with other features and are not contingent upon legacy PSTN access.
2.5 Traffic Requirements
Conversational traffic is required under standard service plans: ASR must exceed 60% daily, Average call length must exceed 60 seconds, 90% of calls must be longer than 6 seconds, and Toll-free service must have a 90% answer rate. Failure to meet these requirements may result in surcharges.
2.6 Call Authentication & Robocall Mitigation
We comply with the FCC’s TRACED Act, implementing STIR/SHAKEN protocols and maintaining an active robocall mitigation plan.
2.7 Incompatibility & Limitations
Service may not support operator-assisted calling (0+), certain x11 services (e.g., 311), home security systems, or directory listings.
3. Billing & Payment
Billing terms include charges for service, regulatory recovery fees, E911 cost recovery, taxes, and surcharges. Inbound toll-free usage, international usage, advanced features, and equipment purchases may incur additional fees.
Registration fees and monthly maintenance fees for SMS/MMS (10DLC) apply per The Campaign Registry guidelines.
3.1 Billing Disputes
Disputes must be submitted in writing within 30 days of the statement date to avoid waiver of your rights.
3.2 Credit Card Payments
We may impose a surcharge for credit card payments as permitted by law. This will be disclosed at payment time.
3.3 Taxes & Fees
You are responsible for all applicable taxes, fees, and governmental surcharges. These may change without notice.
3.4 Termination Fees
Termination fees apply as detailed in your agreement, especially for early termination of term-based services.
4. Limitation of Liability & Indemnification
We disclaim all liability for delays, failures, or outages beyond our control. You agree to indemnify Carolina Digital Phone for claims arising from your use of the Service, except in cases of our gross negligence or willful misconduct.
5. Governing Law & Arbitration
This Agreement is governed by North Carolina law. Disputes will be resolved by binding arbitration in Greensboro, NC, except as otherwise provided by law. Note: Jury waivers may not apply in NC state courts pursuant to N.C. Gen. Stat. §22B-10.
6. Privacy & CPNI
Your use of the Service is subject to our Privacy Policy, which outlines how we collect and use Customer Proprietary Network Information (CPNI) in compliance with FCC rules. See: https://carolinadigitalphone.com/customer-privacy/
7. HIPAA Compliance
For healthcare customers, Carolina Digital Phone offers HIPAA-compliant VoIP services and Business Associate Agreements. For more information, visit: https://carolinadigitalphone.com/voip-phones-and-hipaa-compliance/
8. Changes to Terms
We reserve the right to modify these Terms of Service at any time to comply with regulatory requirements or for business purposes. Changes will be posted on our website and become effective upon posting.
Revised: May 7, 2025
© 2000-2025 Carolina Digital Phone, Inc. All Rights Reserved • Privacy Policy • Terms of Service • HIPAA Compliance
