The FCC has established Somos as the auctioneer of this auction of telephone numbers in the 833 toll free code (“833 Auction”). In order to conduct this auction in accordance with the FCC’s rules and orders, Somos must collect information from you and other parties interested in participating in the auction, including identifying information like names, physical addresses, and e-mail addresses. You and other applicants will also be asked to make certain certifications before you will be approved to participate in the auction. To the extent any of this information may constitute a “record,” as that term is defined in the Privacy Act of 1974, 5 U.S.C. 552a(a)(4), it is covered by a System of Records Notice that will be published in the Federal Register.
Somos will use the information to conduct the auction, collect payments from the winning bidders, and perform other activities necessary to manage the auction process in accordance with the FCC’s rules and orders. Somos will share all of the information it collects in the course of the 833 Auction with the FCC. It will also share the information with contractors it has hired to help it conduct the 833 Auction. As described in more detail in the following paragraphs, almost all of the information Somos collects in the course of conducting the 833 Auction will be publicly released.
Registration: By clicking submit on the registration page, the user represents himself or herself as authorized to complete the registration for the entity or individual listed. Information submitted during the registration process will be verified by a third party commercial vendor. We will use this information to verify your identity and otherwise determine whether you are eligible to be an applicant in the Toll-Free auction under the auction rules established by the FCC. All information entered and submitted in the registration process will be imported to the application portion of the Auction System and will become publicly viewable and searchable except for (a) Employer Identification Numbers (“EINs”) and (b) confidential information exempted from disclosure by the FCC as provided below.
Application and Bidding: Information submitted during the application process, with certain exceptions, will be publicly available once the application review period has concluded. The information will be made public whether or not the application is deemed complete or the bidder is deemed qualified to bid. Certain information submitted during the application process will not be made public until after the auction. This information includes the applicant’s selection of Toll-Free numbers upon which it plans to bid, the Toll-Free numbers on which the applicant has indicated it will be bidding on behalf of third parties, and the amount of the bidder’s upfront payments. After the auction, all information except for EINs, including all bidding information and upfront payment information, will be publicly available. Accordingly, an applicant should take care not to include any information in its application that the applicant does not want to be made publicly available.
Requests for Confidentiality Must be Submitted Directly to the FCC pursuant to the FCC’s rules with a copy to Somos. An applicant may request that information submitted in its application not be made routinely available for public inspection following the procedures set forth in Section 0.459 of the Commission’s rules (47 CFR § 0.459). Applicants must submit such requests directly to the FCC at email@example.com and email a copy to Somos at firstname.lastname@example.org concurrently with submitting their application. In addition, any requests for confidentiality must be attached to an applicant’s 833 Toll Free Auction application from the “Additional Exhibits” screen. Requests for confidentiality must, among other things, identify the specific information to which the request applies and must be received by Somos and the FCC simultaneous with the submission of the subject application. Applicants are cautioned that because the information submitted in its application (FCC Form 833) is required to determine an applicant’s qualifications, requests for confidential treatment will not be routinely granted. The Commission has held generally that it may publicly release confidential business information where the party has put that information at issue in a Commission proceeding or where the Commission has identified a compelling public interest in disclosing the information. In this regard, the Commission has specifically held that information submitted in support of receiving bidding credits in auction proceedings should be made available to the public.
By clicking submit on the registration and/or the application form, and subject only to the exceptions identified above, you consent to this information being made publicly available, pursuant to the Federal Communications Commission’s Auction of Toll-Free Numbers in the 833 code, Notice and Filing Requirements, Upfront Payments, and Other Procedures for the 833 Auction, AU Docket No. 19-101, FCC No 19-75.
Important System Notice: This website and the Toll-Free Auction System it contains (the “Auction System”) is to be used for the sole purpose of permitting entities and individuals to participate in an auction for Toll-Free numbers. Activity on this Auction System is recorded, monitored and subject to audit by the FCC, Somos, or any third party acting on behalf of Somos. Any unauthorized use or misuse of this Auction System is strictly prohibited and subject to legal action, including criminal prosecution and civil penalties. Your use of this Auction System indicates acceptance of these terms.
License: You are granted a limited license to access and make personal use of the Auction System for the sole purpose of participating in the Toll-Free auction, but not to download (other than page caching) or modify the Auction System, or any portion thereof, except to perform permitted actions in connection with the auction or with express written consent. Except to the extent specifically authorized, this license does not include any resale or commercial use of the Auction System or its contents; any derivative use of the Auction System or its contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, web scraping, robots, or similar data gathering and extraction tools. Any user login, passwords or other credentials may not be transferred or shared without prior written consent.
You may not frame or use framing or other similar techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Somos without the express written consent of Somos. You may not use any meta tags or any other “hidden text” utilizing the Somos names or trademarks without the express written consent of Somos. Any unauthorized use terminates any permission or license granted by Somos.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Auction System offered via the web as long as the link does not portray the Auction System and/or Somos or its products or services in a false, mislead-darking, derogatory, or otherwise offensive manner. You may not use any Somos logo or other proprietary graphic or trademark as part of the link without the express written consent of Somos.
The past, present and future content, function and use of the Auction System, including, without limitation, all rights in databases, organization, graphics, applications, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials and functionality related to the Auction System, including without limitation, the “look and feel” of the Auction System and its use for the purpose of enabling communications, but excluding information you submit for the purpose of participating in the Toll-Free auction (collectively, “Content, Identity and Functionality” or “CIF”) are protected by applicable copyrights, trademark rights and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly set forth in this agreement or otherwise expressly granted to you in writing, no rights (either by implication, estoppel or otherwise) are granted to you. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the CIF in whole or in part, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Auction System. Copying, archiving or storing any part of the Auction System for a purpose that is not permitted by this agreement is expressly prohibited without prior written permission from the applicable copyright holder.
LIMITATION OF LIABILITY AND WARRANTY. THE AUCTION SYSTEM IS PROVIDED “AS IS.” SOMOS MAKE NO WARRANTIES WHATSOEVER, AND SHALL NOT BE DEEMED TO HAVE MADE ANY WARRANTIES, WITH RESPECT TO THE AUCTION SYSTEM, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SOMOS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF USE, REVENUE, OR BUSINESS INFORMATION, OR ANY OTHER DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATING TO THE EXISTENCE, FURNISHING, FUNCTIONING, OR USE OF THE AUCTION SYSTEM. MOREOVER, NO OBLIGATION OR LIABILITY WILL ARISE OUT OF THE TECHNICAL, PROGRAMMING, OR OTHER ADVICE OR SERVICE PROVIDED BY SOMOS IN CONNECTION WITH THE AUCTION SYSTEM.
ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE AUCTION SYSTEM, INCLUDING WITHOUT LIMITATION THE RESULTS OBTAINED THROUGH THE AUCTION SYSTEM. SPECIFICALLY, SOMOS DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGES THAT SOMOS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER YOUR OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
NEITHER SOMOS NOR ANY OF ITS AGENTS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE AUCTION SYSTEM. IF YOU ARE DISSATISFIED WITH THE AUCTION SYSTEM OR ANY OF ITS CONTENT OR FUNCTIONALITY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE AUCTION SYSTEM OR THE CONTENT OR FUNCTIONALITY, AS APPLICABLE.
YOU ACKNOWLEDGE AND AGREE THAT THE AUCTION SYSTEM UTILIZES PUBLIC NETWORKS AND THIRD-PARTY PRODUCTS AND SERVICES AND THAT SOMOS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY SERVICE INTERRUPTION, MALFUNCTION, LOSS OF DATA, SECURITY BREACH OR OTHER DAMAGE OR HARM THAT MAY BE CAUSED BY SUCH NETWORKS AND THIRD-PARTY PRODUCTS. YOUR SOLE REMEDY IN THE EVENT OF SUCH SERVICE INTERRUPTION, MALFUNCTION, LOSS OF DATA, SECURITY BREACH OR OTHER MALFUNCTION SHALL BE AGAINST THE PROVIDER OF SUCH NETWORK OR OTHER THIRD-PARTY PRODUCT OR SERVICE.
Notice: Somos may give notice to you by means of a general notice on the Auction System, electronic mail to your e-mail address vided in the registration process, text messages, “push” notifications or other similar means, or by written communication sent by first class mail to your address provided in the registration process. You may give notice to Somos and such notice shall be deemed given when received by Somos at any time by any of the following: electronic mail to email@example.com; letter delivered by first class postage prepaid mail or courier to Somos at the following address:
ATTN: TOLL-FREE AUCTION SYSTEM USER COMMUNICATIONS
2411 Dulles Corner Park, Suite 250
Herndon, VA 20171
Indemnification: You agree to indemnify and hold Somos harmless from any dispute which may arise from a breach of terms of this agreement. You agree to hold Somos harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of this agreement.
Children: Somos does not sell products or provide services to children. If you are under 18, you may not use the Auction System. Somos shall not be liable for or required to refund any payments or credit card charges made by anyone under 18.
Choice of Law: The laws of the State of Delaware will govern any dispute arising from the terms of this agreement or a breach of this agreement. You agree to personal jurisdiction by the state and federal courts sitting in the Commonwealth of Virginia, which shall be the exclusive venue for any dispute arising out of or relating to this agreement and you.