800 SERVICES (Cont'd)
4.4.4 The Company's 800 Service is furnished upon condition that the
Customer contracts for adequate facilities to permit the use of this service
without injurious effect upon it or any service rendered by the Company.
The Company may terminate or refuse to furnish 800 Service to any applicant,
without incurring any liability and without notice to the Customer, if
the use of the service would interfere with or impair any service rendered
by the Company.
4.4.5 The Customer must obtain an adequate number of access lines for
the Company 800 Services to handle the Customer's expected demand in order
to prevent interference or impairment of this service or any other service
provided by the Company considering: (1) total call volume; (2) average
call duration; (3) time-of-day characteristics; and (4) peak calling period.
The Company, without incurring any liability and without notice to the
Customer, may disconnect or refuse to furnish the Company 800 Service to
any Customer that fails to comply with these conditions.
4.4.6 Each 800 Service telephone number must be placed in actual and
substantial use by the Customer. �Substantial use� shall mean a pattern
of use that demonstrates an intent on the Customer's part to employ the
number for the purpose for which it was intended; namely, to allow callers
to reach the Customer, as indicated, for example, by at least 30 average
monthly minutes of use or more. Any 800 telephone number associated with
the Company 800 Service that has not been placed in actual and substantial
use during the first sixty (60) day period after service activation may
be redesigned as a spare number in the Company 800 database by the Company
upon written notice to the Customer.
4.4.7 If the Customer requests assignment of a specific 800 Service
telephone number, the Company may require the Customer to submit a number
reservation agreement form to the Company. At no time may a Customer have
more than ten (10) numbers reserved. Any reservation shall be for no more
than sixty (60) days and shall be subject to a reservation fee which will
be credited to Customer's unpaid balance after the Company 800 Service
has been in actual and substantial use for a consecutive sixty (60) day
period.
4.4.8 Nothing in this Section, or in any other provision of this price
list, or in any marketing materials issued by or on behalf of the Company,
shall give any person, including prospective Customers who have reserved
an 800 telephone number hereunder or Customers who subscribe to and use
the Company 800 Service or their transferee or assigns, any ownership interest
or proprietary right in any particular 800 number; however, upon placing
a number actually and substantially in use, as defined above, the Company
800 Service Customers do have a controlling interest in that 800 number(s).
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