EZ Sip Terms & Conditions

Term

The term of this Agreement (“Term”) begins on the date that End-User purchases Services and continues monthly for the duration of the service period. The service period is 36 months.  At the end of the current Term, the Term is automatically renewed unless End-User provides ECSI, prior to the end of the current Term, notification of intention to terminate the service. End-User agrees to pay for Services for the duration of the Term. Expiration of the Term does not alleviate End-User of responsibility for paying all unpaid, accrued charges due hereunder.  The term Agreement” shall include any and all Exhibits attached hereto and any and all Addendums attached hereto on or before the date of execution by ECSI or later Addendums executed by the partiesto this Agreement which reference this Agreement.  The parties signing this Agreement represent that they have the authority to bind their respective employers.

Equipment

In offering the Services, ECSI may supply Equipment to End-User.  It is understood and agreed that title to the property listed herein shall remain with ECSI.  End-User shall be required to obtain authorization from ECSI to return any Equipment. ECSI will replace Equipment only if the Equipment is deemed to be defective. ECSI will not cover replacement for lost, stolen, mistreated or modified equipment.  End-User shall not modify the Equipment in any way without the express written permission of ECSI. End-User shall not use the Equipment except with the Services provided hereunder. Except as otherwise provided for hereunder, End-User is responsible for all lost, stolen or broken Equipment and may be required to purchase a replacement to continue service. Replacement charges will be based on the fair retail price of equipment, plus applicable shipping costs and taxes. End-User shall immediately notify Partner of any lost or stolen Equipment and shall cooperate with ECSI in all reasonable aspects to eliminate actual or potential unauthorized use of the Equipment. At ECSI’s sole option, failure to report lost or stolen equipment in a timely manner will cause End-User to be responsible for all service fees accrued until the time that ECSI is informed of the loss or theft and can effect a termination of the Services.

Prohibited Uses

Any use of the Services or any other action that causes a disruption in the network integrity of ECSI or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services. End-User understands that neither ECSI nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End-User agrees that it will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. End-User agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of ECSI. Use of service shall not include certain activities including, but not limited to, any auto-dialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with small business usage, unless specifically agreed to otherwise in writing by ECSI and End-User.

911 Emergency Dialing
a. 911 Dialing.  911 Dialing will be implemented and operational with the Service. Service may not be used in any geographical area different from that reported to ECSI as the Customer’s installation site.  With E911 service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary.  By using this Service, you authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers.

b. Registration of Physical Location Required. For each phone number that you use for the Service, you must register with ECSI the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near the address as registered by ECSI during the initial installation.

c. Confirmation of Activation Required. The 911 Dialing feature will not be activated for any phone line that you are using with the Service, unless and until you receive an email from us confirming that the 911 Dialing feature has been activated for that phone line and that you have successfully reached the 911 service by dialing 911 from your ECSI provided device and confirmed the registration address with the 911 dispatcher. 

d. Outages due to Electrical, Internet or other General Failures. End-User acknowledges that the Services will not function in the absence of electrical power, access to the Internet or other general failures associated with the VOIP network. End-User acknowledges that the Services will not function if there is an interruption of End-User’s broadband or high-speed Internet access service.

e. Non-Voice Systems. End-User acknowledges that the Services are not set up to function with out-dialing systems including security systems, fire alarm systems, medical monitoring equipment, satellite television systems and some facsimile systems. By consenting to these terms and conditions, End-User waives any claim against ECSI for interruption or disruption of such systems by the Services.

Billing, Charges and Payment
a. Payment. Upon purchase of the Service, End-User must provide a valid credit card number from an accepted issuer (MasterCard or Visa). End-User authorizes ECSI to charge the End-User credit card number for all charges arising from End-User’s use of the Services. End-User agrees to notify ECSI of any change to the credit card information including, but not limited to, changes in account number, expiration date or billing address. ECSI shall not be responsible for any charges made by the credit card issuer to End-User’s credit card account for exceeding credit limit, insufficient funds or other reasons. 

b. Credit Terms. All Services provided to End-User and covered by the Agreement shall at all times be subjected to credit approval or review by ECSI. End-User will provide such credit information as is requested by ECSI at any time. ECSI, in its sole discretion and judgment, may discontinue credit at any time without notice.

c. Billing. ECSI will e-mail to End-User a monthly on-line invoice for the Services and bill all charges invoiced to End-User’s account to the End-User credit card. Such charges shall include activation fees, monthly service fees, shipping charges, disconnection fees, equipment charges, toll charges, taxes and any other applicable charges. Monthly service fees are paid in advance of each month’s service; toll charges and any other applicable charges are billed at the end of each month’s service. ECSI reserves the right to charge the End-User credit card for toll charges at any time if End-User’s cumulative toll charges for the current month exceed two hundred fifty dollars ($250.00). Billing for monthly service fees commences upon purchase of the Services, and the first month’s monthly service fee shall be prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated. Billing will begin on the activation date and not the port.  The activation date is the date that SIP trunks are made available for customer.  The port date is the day in which the customer’s local numbers become active on the service.  Thereafter, billing for monthly phone services will occur in advance of the month the Services are provided, whereas billing for any toll or long-distance charges will occur in arrears.

d. Late/Non-payment. If any charges for the Services are due but unpaid for any reason including, but not limited to, non-payment or declined End-User credit card charges, ECSI may suspend or terminate the Services and all accrued charges shall be immediately due. ECSI may charge End-User interest (at 1.5% per month or the maximum allowable rate, whichever is less) on those charges and a late fee (to the extent allowable by law) of 10% of the past-due balance. If End -User fails to pay ECSI within 30 days of billing date, ECSI has the right to disconnect the Services without notice and/or send to collection. Upon disconnect, End-User agrees to immediately pay all amounts owed to ECSI. ECSI reserves the right to charge End-User a $50.00 re-establishment of service fee.   Upon disconnect a valid credit or debit card will be required to reinstate service. If payment is not made in full within 60 days, ECSI has the right to repossess the End-User Equipment to offset monies owed without liability for damage or trespass.

e. Taxes. Prices for the Services do not include any applicable customs duties, sales, use, value added, excise, federal, state, local, universal service fund, public utility or other similar taxes. All such taxes shall be paid by End-User and will be added to any amounts otherwise charged to End-User unless End-User provides ECSI with an appropriate exemption certificate. If any amounts paid for the Services are refunded by ECSI, applicable taxes may not be refundable. At the present time, under the terms of ECSI’s VoIP phone service, federal excise taxes and Universal Service Fund charges are applicable, as is state sales tax on the Equipment purchased by End-User.

f. Credits. End-User acknowledges and agrees that the Services are provided “as is, where is.” Credit allowances are under the sole discretion of ECSI.

g. Discounts. From time to time in its sole discretion, ECSI may offer promotions or discounts on activation or other fees. Any promotion or discount codes must be entered by End-User upon purchase of the Services. End-User shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account initiation or change of service.

h. Billing Disputes. End-User must dispute any charges for the Services within thirty (30) days of receipt of the monthly e-mailed invoice or End-User waives any objection.

Terms and Conditions

The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by End-User, including, without limitation, purchase orders and specifications. Any additional, different, or conflicting terms and conditions on any such document issued by End-User at any time are hereby objected to by ECSI, and any such documents shall be wholly inapplicable to any sale made or service rendered hereunder and shall not be binding in any way on ECSI. No waiver or amendment to this contract or these terms and conditions shall be binding on ECSI, unless made in writing expressly stating that it is such a waiver or amendment and signed by a duly authorized representative of ECSI.  Any ECSI services or products (“Services”) made available to End-User shall be governed by the terms and conditions herein. By activating the Services, End-User acknowledges receiving, reading and understanding this Agreement and accepts the terms and conditions herein. End-User acknowledges that they are of legal age to enter into this Agreement.

Tolls

If applicable, every call to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network (“PSTN”) is subject to the then-applicable toll charges that are associated with the respective Plan ordered by End-User. Every call to or from Equipment using the Services that originates or terminates with a SIP service provider that is not affiliated or associated with ECSI will also count as PSTN minutes and be subject to the then-applicable toll charges that are associated with the respective Plan ordered by End-User. As applicable, domestic long distance calls are billed in six (6) second increments. As applicable, calls to a phone number outside the United States and Canada to a non-ECSI account will be charged at the current rates published on the ECSI website. The duration of each call from the US to international destination is to be calculated in six (6) second increments after a thirty (30) second minimum. As applicable, calls to Mexico are rounded to the minute.

Telephone Number
Telephone numbers provided by ECSI (“Number”) to the End-User shall be leased and not sold. End-User is not to use the Number with any other device other than the Equipment without the express written permission of ECSI. ECSI reserves the right to change, cancel or move the Number at its sole discretion. If, however, the End-User chooses to ‘port’ their existing phone number into the ECSI VoIP service, the End-User shall also be able to ‘port’ the number out of the ECSI network upon termination of service if the End-User has maintained an account in good standing with ECSI.  Upon the disconnection of your Service, we may, in our sole and absolute discretion, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if:

–  Such new service provider is able to accept such number;

–  Your account has been properly disconnected;

–  Your account is completely current, including payment for all charges and applicable disconnect fees; and

–  You request the transfer upon disconnecting your account.

Directory Listing

ECSI does not provide support for directory services.  You will need to contact your local directory representative(s) to ensure your listings continue as desired.

Service Distinctions

The Service is not a telecommunications service and we provide it on a best efforts basis.  Things beyond our control may affect the Service, such as power outages, fluctuation in the Internet, your underlying broadband service.  Other things may affect Service, such as maintenance on our carrier network.  ECSI will act in good faith to minimize disruptions to your use of and access to Service.  Important distinctions exist between telecommunications service and the service offering that we provide.  The Service is subject to different regulatory treatment that the telecommunications service.  This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

Limited/Unlimited Minutes Usage Plans; Changes to the Agreement, Services or Plan
ECSI reserves the right to review usage of unlimited minute usage plans to ensure that there is no End-User abuse of such plans.  End-User agrees to use unlimited minute plans for normal voice calls and will not employ methods or devices such as auto-dialers or predictive dialers to take advantage of unlimited plans by using service excessively or for means not intended by ECSI.  ECSI may terminate service immediately if, in its sole discretion, End-User is abusively using the unlimited minute plan.

ECSI reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan (“Change of Service”). In the event of a Change of Service, ECSI will post the Change of Service on the ECSI website. Notice will be considered received by End-Users and such changes will become binding to End-Users, on the date the changes are posted to the website (“Change Date”), and no additional notice will be required. ECSI will post all changes thirty (30) days in advance of the effective date of change, with the exception of international calling rates, which require only 24 hours notice.   If End-User does not send ECSI notification of its desire to terminate this agreement or uses the Service after the Change Date, End-User is deemed to have accepted and consented to the change of terms and conditions of the Service. If End-User does not consent to the change of service and terminates this agreement, End-User will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. End-User may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge may apply. ECSI may decrease prices for the Services or Plans without providing any prior notice to End-User.

Termination
a. Termination before expiration of initial term. End-User agrees to provide Provider with thirty (30) days notice of termination. End-User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to Provider. Provider reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End-User’s breach of this Agreement, End-User’s failure to pay any sum due hereunder, suspected fraud or other activity by End-User that adversely affects the Services, Provider, Provider’s network or other End-Users’ use of the Services. Provider reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End-User agrees that Provider’s determination is final and binding on End-User. Provider may require an activation fee to change or resume a terminated or suspended account.  End-User’s that have agreed to a term agreement, agree to pay an early termination charge if services are canceled before the term ends.
Termination penalties will apply per the following schedule:

– 12 Month Term – Cancel within 11 months of terms end – one-time fee equal to two (2) months of service or 100% of the remaining balance of the term contract whichever is less.

– 24 Month Term – Cancel within 23 months of terms end – one-time fee equal to four (4) months of service or 100% of the remaining balance of the term contract whichever is less.

– 36 Month Term – Cancel within 35 months of terms end – one-time fee equal to six (6) months of service or 100% of the remaining balance of the term contract whichever is less.

Early Termination of Broadband Access Products and Bundled Services.  The underlying agreement with other carriersfor broadband access products requires completions of the full term or 100% of the outstanding balance if the service is cancelled prior to the end of the term.  IDeACOM ECSI will continue to enforce the same early termination penalty for broadband access  products, which is 100% of the remaining balance of the full term originally contracted for. 

b. Termination after expiration of initial term. End-User agrees to provide ECSI with thirty (30) days notice of termination. End-User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to ECSI.  ECSI reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End-User’s breach of this Agreement, End-User’s failure to pay any sum due hereunder, suspected fraud or other activity by End-User that adversely affects the Services, ECSI, ECSI’s network or other End-Users’ use of the Services.  ECSI reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End-User agrees that ECSI’s determination is final and binding on End-User.  ECSI may require an activation fee to change or resume a terminated or suspended account.

Privacy

ECSI utilizes the public Internet and third party networks to provide voice and video communication services. Accordingly, ECSI cannot guarantee the security of voice and video communications of End-User. ECSI is committed to respecting End-User’s privacy. Once End-User chooses to provide personally identifiable information, it will only be used in the context of the End-User’s relationship with ECSI. ECSI will not sell, rent, or lease End-Users’ personally identifiable information to others. Unless required by law or subpoena or if End-User’s prior permission is obtained, ECSI will only share the personal data of End-User with business partners that are acting on ECSI’s behalf to complete the activities described herein. Such ECSI entities and/or national or international business partners are governed by ECSI’s privacy policies with respect to the use of this data. Upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, ECSI may disclose personally identifiable information.

Technical Support

ECSI will make available technical support to End-Users via telephone and e-mail for the Services and the Equipment provided.  Service will be provided during normal business hours (8:00 a.m. to 5:00 p.m., Monday thru Friday, except holidays). Services performed outside of aforesaid normal business hours will be charged in accordance with IDeACOM ECSI standard overtime rates.

Support for other applications and uses is not provided or implied unless agreed to in writing by ECSI and End-User.

Response Time

 Minor station or system malfunctions, additions, or system changes will be responded to within 24 hours. Major system malfunctions will be responded to within 4 hours.

Breach

In the event of End-User’s breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, End-User shall reimburse ECSI for all attorney, court, collection and other costs incurred by ECSI in the enforcement of ECSI’s rights hereunder and ECSI may keep any deposits or other payments made by End-User.  Breach will occur if either party does not fulfill its obligations under this Agreement and such Breach is not cured within fifteen (15) days of written notice by the other party.  Specifically relating to payment of Recurring Service Fees, the End-User will be in Breach of this Agreement if End-User has not paid its invoice within sixty (60) days of the date the invoice is due, with no notice required.  Nothing in this Section shall supersede any other provision granting ECSI the right to immediately terminate or suspend Services under certain circumstances.  If End-User is in Breach of this Agreement, ECSI may discontinue all Services to End-User.

Indemnification

End-User agrees to defend, indemnify and hold ECSI, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.

Disclaimer of Consequential Damages
Warranty and Liability Limitations

ECSI makes no warranties, express or implied, including, but not limited to, and implied warranties of merchantability or fitness for a particular purpose. Neither ECSI nor its vendors will be liable for unauthorized access to ECSI’s or End-User’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of End-User’s data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of ECSI’s or its vendors’ negligence. Any claim against ECSI must be made within 90 days of the event of the claim and ECSI has no liability thereafter. ECSI’s liability is limited to repair, replacement, credit or refund. ECSI may elect to provide a refund in lieu of credit, replacement or repair. All warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, modification, improper installation, or repairs by anyone other than ECSI. In no event shall ECSI’s total liability hereunder exceed the amounts paid by the End-User to ECSI in the prior three (3) months from the date of claim.

Export Compliance

End-User agrees to comply with U. S. Export laws concerning the transmission of technical data and other regulated materials via the Services. End-User agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.

Phone Numbers and Web Portal Discontinuance

Upon expiration, cancellation or termination of the Services, End-User shall relinquish and discontinue use of any Numbers, voice mail access numbers and/or web portals assigned to End-User by ECSI or its vendors.

Software Copyright

Any software used by ECSI in connection with the Services and any software provided to End-User in conjunction with providing the Services are protected by copyright law and international treaty provisions. End-User may not copy the software or any portion of it.

Survival

The provisions of sections 4, 5, 7, 14, 15, 16, 17 and 19 shall survive any termination of the Agreement.

Notices

 ECSI communicates with its End-Users primarily via email. Notices to End-User shall be sent to the email address specified by End-User at the time of registration for the Services or as subsequently specified by End-User (“Email Address”). End-User is responsible for notifying ECSI of any Email Address changes. End-User agrees that sending a message to the Email Address is the agreed upon means of providing notification. Email is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that End-User read any email sent to the Email Address in a timely manner in order to avoid any potential interruption in the Services provided hereunder.

Force Majeure

Except for the obligation to pay money, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including act of war, acts of nature, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to correct promptly such failure or delay in performance.

Governing law / Resolution of Disputes
consolidated claims in arbitration. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.

a. Governing Law.

The Agreement and the relationship between you and ECSI shall be governed by the laws of the State of Idaho, without regard to its conflict of law provisions. End-User and ECSI agree to submit to the exclusive jurisdiction of the courts located within the state of Idaho for purposes of entering any litigation hereunder. Any litigation brought forth by either party shall be filed in Bonneville County, in the State of Idaho. The failure of ECSI to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. End-User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement

This Agreement and associated Exhibits represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding, written or oral.  This Agreement may be modified only through a written instrument signed by both parties.  Both parties represent and warrant that they have full corporate power and authority to execute and deliver this Agreement and to perform their obligations under this Agreement and the person whose signature appears below is duly authorized to enter into this Agreement on behalf of the respective party.  Should any terms of this Agreement be declared void or unenforceable by any arbitrator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original terms and the remainder of the Agreement will remain in full force and effect.  If a conflict arises between End-User’s purchase order terms and this Agreement, this Agreement shall take precedence.  This agreement shall be binding upon the heirs, successors, and assigns of ECSI and End-User.

Interpretation of Agreement

No provision of this Agreement will be interpreted in favor of End-User or against ECSI by reason of the fact that ECSI has drafted this Agreement.

Recurring Service Fees

ECSI will begin billing for recurring Service Fees on the Installation Date; If, however, End-User is unable to use the Services commencing on the Installation Date solely as a result of delays caused by ECSI (this does not include delays caused by third party service provider or delays in telephone number porting), then the Installation Date herein shall be extended one day for each day of delay caused by ECSI.

Relationship of Parties

ECSI and End-User are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between ECSI and End-User.  Neither ECSI nor End-User will have the power to bind the other or incur obligations on the others behalf without the others prior written consent, except as otherwise expressly provided herein.

Initial Activation Charge and 1st Month Service Charge

The initial Activation Charge for the services being provided with this Agreement plus the 1st month Service Charges are due and payable upon execution of this agreement by End-User.  ECSI will not schedule or commence installation, initiation and Service unless and until it has received payment in full of all Activation Charges and 1st month Service Charges.  All charges are to be paid monthly in advance by credit card as described above.  Adjustments if any based on usage will be billed in arrears.

Disclaimer of Warranty; Limitation of Liability
ECSI MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  ECSI WILL NOT BE RESPONSIBLE FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY INCLUDING BUT NOT LIMITED TO LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, OR SERVICE INTERRUPTIONS.  ECSI EXERCISES NO CONTROL WHATSOEVER OVER THE CONTENT OF THE INFORMATION PASSING THROUGH ITS NETWORK OR OVER THE INTERNET.  USE OF ANY INFORMATION OBTAINED OVER THE ECSI NETWORK OR THE INTERNET IS AT YOUR OWN RISK.   ECSI SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF THE INFOMRATION OBTAINED THROUGH ITS SERVICE.  IN NO EVENT WILL ECSI LIABILITY FOR ANY CLAIM (WHETHER IN TORT, CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY END-USER FOR THE SERVICE IN THE PRIOR THREE (3) MONTHS.

 

Acceptance of Proposal:  The prices, specification, and conditions contained in this proposal are satisfactory, and are hereby accepted in their entirety.  This Agreement is non cancelable.  I hereby authorize ECSI to do the work and provide the materials and services specified and payment will be made as outlined above.

 

THIS AGREEMENT, WHEN ACCEPTED, IS TO BE GOVERNED BY THE TERMS AND CONDITIONS OF THE ENTIRE AGREEMENT:  End-User acknowledges that he/she has read and understands all of the terms and conditions printed above and acknowledges receipt of a complete executed copy of this Agreement.

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