There are a lot of otherwise very attractive websites and toll free services available on the internet that are trying very hard to trap you and your business.  Most customers don’t realize how important portability is.  Your ability to transfer the number is what keeps them honest and unfortunately most internet services don’t like customers having the right to leave them.  They use tricky legal terms that ultimately claim ownership of your number.  So after you’ve printed the toll free number and got it in all your advertising you suddenly find out that the more you advertise THEIR number the more at their mercy you become.
 
That way if something better comes along, or they don’t do a good job or provide poor customer service, you can’t do anything about it.  This leads to doing a good job of getting customers started, but gives them an incentive to provide the cheapest customer service possible in the long run and no incentive to stay competitive on price.  They all look good on the website and when you’re getting started, but the only way to insure you have the ability to transfer your number away is to get it independently and transfer it to them.
 
The worst of these companies discourage customers from getting and transferring numbers in too.  They’ll say you don’t have to do all that work, that they can get you whatever number you want themselves.  But what they can’t get you or at least they don’t want to give you is the ability to transfer your number away.  The more they try to discourage you from transferring your own number over, the more you should look somewhere else for the service, no matter what a salesperson says.

Claims ownership of numbers:

RingCentral.com
CustomTollFree.com
Accessline.com
Phone.com
My1voice.com
Onebox.com
PhonePeople.com
eVoice.com
VirtualPBX.com
MyTollFreeNumber.com
Easytel.net
PATlive.com

Doesn’t list terms:

Tollfreenumber.org (because they don’t provide the service)
FreedomVoice.com (doesn’t list them on their site)

 

RingCentral.com:

http://www.ringcentral.com/tou.html

10. NUMBER OWNERSHIP.
You understand and agree that you are not the owner of any toll-free or local telephone number or facsimile number assigned to you by RingCentral. Ownership of all phone numbers and facsimile numbers is vested solely in RingCentral (who will assign or re-assign such numbers to you for your use during the term of this TOU). You understand and agree that (a) RingCentral may from time to time need to change the telephone or facsimile number assigned to you (due to an area code split or for any other reason) and (b) following the termination of your RingCentral Account for any reason, you will no longer have access to or use of such telephone or facsimile number. In either case, such telephone phone and/or facsimile number may be re-assigned immediately to another customer and you agree that RingCentral will not be liable for any damages (including consequential or special damages) arising out of any such re-assignment. You hereby waive any claims with respect to any such telephone or facsimile number re-assignment, whether based on contract, tort or other grounds, even if you have advised RingCentral of the possibility of any such damages. Prior to termination of your Account, and provided you are a customer in good standing, you may request in writing that RingCentral transfer your toll-free number assigned to your Account to another carrier. RingCentral may approve or deny such transfer request in its sole discretion. If such transfer request is granted, a $100.00 transfer-service fee shall apply.

UPDATE: 10/25/10 RingCentral seems to have removed the above paragraph out of their Terms of Use and added the following to their Terms of Service:

http://www.ringcentral.com/legal/tos.html

12. NUMBER OWNERSHIP

You understand and agree that telephone numbers requested from RingCentral may not be available, and that you are not the owner of any toll-free or local telephone number or facsimile number assigned to you by RingCentral. You understand and agree that RingCentral may from time to time need to change the telephone or facsimile number assigned to you (due to an area code split or for any other reason). You understand that unless you arrange with a new service provider to port your RC number to that new service provider, the number assigned to you will be reassigned upon termination of your Service. RingCentral will not be liable for any damages (including consequential or special damages) arising out of any such reassignment.

 

 

 

CustomTollFree.com

CustomTollFree.com

http://www.tollfreenumbers.com/blogs/providers/custom-tollfree-terms.html

 

Customer acknowledges that ESP is the end-user of said toll free number and retains any and all rights to be such. ESP will have total and complete control of who carries Intra/Inter LATA traffic. Any and all rights to the number will be retained by ESP. Should any attempts be made to remove the number from its current RespOrg, an inconvenience fee of five hundred dollars ($500) will be assessed upon the first attempt, one thousand dollars ($1,000.00) upon the second attempt and five thousand dollars ($5,000.00) for any attempt thereafter.

 

 

 

Accessline.com

http://www.telanetix.com/index.asp?nav=legal&subnav=terms 

 

9   Ownership of Number.  You understand and agree that you are not the owner of any telephone number assigned to you by AccessLine. Ownership of any such phone number is vested solely in AccessLine (who will assign or re-assign such numbers to you for your use during the term of this Agreement). You understand and agree that (a) AccessLine may from time to time need to change the number assigned to you (due to an area code split or for any other reason outside of AccessLine’s control) and (b) following the termination of your AccessLine account for any reason you will no longer have access to such number. In either case, such phone number may be re-assigned immediately to another customer and you agree that AccessLine will not be liable for damages (including consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to any such re-assignment, whether based on contract, tort or other grounds, even if AccessLine has been advised of the possibility of damages. In the event that the Number assigned to you by AccessLine is a Toll-Free number and the Service associated with that number being terminated, then AccessLine will, upon your written request, allow you to move that Toll-Free number from AccessLine to an alternate Toll-Free carrier (and will provide the necessary documentation to support this process), provided that (a) the termination of Service is not due to a default, and (b) all fees and charges for the Services, whether or not then due, have been paid in full.

 

In the event that you have moved a Number, either local or Toll-Free, from a previous service provider or carrier to AccessLine, then you will retain ownership of that Number. In the event the Service associated with that number being terminated, AccessLine will, upon your written request, allow you to move that local or Toll-Free number from AccessLine to an alternate carrier ( and will provide the necessary documentation to support this process), only if (a) the termination of the Service is not due to a default, and (b) all fees and charges for the Services, whether or not then due, have been paid in full.

 

 

 

Phone.com

http://www.phone.com/legal/terms-of-service/

 

3.4.6 Phone Numbers: Telephone numbers provided to you by Phone.com, including numbers you port to Phone.com to be used in connection with the Service (each, a “Number”) are leased and not sold. We reserve the right to change, cancel or move any Number at any time in our sole discretion. Upon any termination or expiration of Service, and upon receipt of written request from you, Phone.com, in its sole and absolute discretion, may (but shall not be obligated to), release any telephone numbers that were issued by Phone.com, or ported in to Phone.com by you and used in connection with your Service, to your new service provider, if such new service provider is able to accept such number, and provided your account has been active and in good standing for at least thirty (30) days and remains as such until the port is complete.

 

 

 

Protus (my1voice.com)

http://www.protus.com/legal/terms.asp

 

 

10. OWNERSHIP.

 You understand and agree that you are not the owner of any Protus fax or voice number (Protus Number) assigned to you by Protus. Ownership of any such Protus Number is vested solely in Protus (which will assign such number to you for your use during the term of this agreement). You understand and agree that following the termination of your Protus account for any reason, such Protus Number may be re-assigned immediately (although there is typically a transition period) to another customer, and you agree that Protus will not be liable for damages (including consequential or special damages) arising out of any such re-assignment, and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if Protus has been advised of the possibility of damages.

 

Onebox.com

http://www.onebox.com/terms.asp

 

PhonePeople.com

http://www.phonepeople.com/agreement#numbers

 

Also eVoice.com

http://www.evoice.com/customer-agreement.html#numbers

 

21. Customer of Record of Phone People Telephone Numbers

YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE USE OF THE TELEPHONE NUMBER(S) THAT ARE PROVIDED AS PART OF THE SERVICES ONLY UNTIL THE END OF THE TERM OF YOUR AGREEMENT WITH THE COMPANY OR UNTIL THE COMPANY NO LONGER PROVIDES YOU WITH SERVICE, UNLESS YOU SATISFY THE PROVISIONS IN SECTION b BELOW. THE COMPANY IS GRANTING YOU THE REVOCABLE PERMISSION TO USE SUCH TELEPHONE NUMBER(S) IN ACCORDANCE WITH THIS AGREEMENT FOR THE LENGTH OF THE TERM OF THE AGREEMENT. YOU UNDERSTAND THAT THE COMPANY IS THE CUSTOMER OF RECORD OF ALL TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICES AND, THEREFORE, THE COMPANY HAS CERTAIN RIGHTS WITH RESPECT TO THE NUMBER(S), INCLUDING WITHOUT LIMITATION CERTAIN RIGHTS RELATING TO PORTING OF THE NUMBER(S) ("PORTING" IS CAUSING OR ATTEMPTING TO CAUSE NUMBER(S) TO BE TRANSFERRED, SWITCHED, OR OTHERWISE MOVED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY). AS THE CUSTOMER OF RECORD FOR THE TELEPHONE NUMBER(S), THE COMPANY HAS THE DIRECT RELATIONSHIP WITH THE TELEPHONE COMPANY THAT PROVIDES THE UNDERLYING TELECOMMUNICATIONS THAT SUPPORT THE SERVICES YOU RECEIVE FROM THE COMPANY. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT, ITSELF, A TELEPHONE COMPANY AND THEREFORE THE COMPANY IS NOT UNDER ANY LEGAL OBLIGATION TO PERMIT YOU TO PORT ANY TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICE UNLESS YOU SATISFY THE PROVISIONS IN SECTION b BELOW. YOU UNDERSTAND AND AGREE THAT YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY UNLESS YOU SATISFY THE PROVISIONS IN SECTION b BELOW FOR PORTING OUT THE NUMBER(S). IN THE EVENT YOU VIOLATE THE FOREGOING PROVISION, YOU AGREE TO IMMEDIATELY RETURN THE NUMBER(S) TO THE COMPANY AND PAY THE COMPANY AN AMOUNT EQUAL TO US $500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE THE COMPANY TO CHARGE YOUR ACCOUNT CREDIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT AND TO CAUSE THE NUMBER(S) TO BE SO RETURNED. YOU AGREE THAT THIS PAYMENT REPRESENTS LIQUIDATED DAMAGES REFLECTING A REASONABLE MEASURE OF THE ACTUAL OR ANTICIPATED HARM, DAMAGES CAUSED, AND ADMINISTRATIVE FEES INCURRED BY THE COMPANY FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF THE COMPANY’S LOSS AND THAT THIS PAYMENT IS NOT A PENALTY. SOME NON-US JURISDICTIONS DO NOT ALLOW LIMITATIONS TO BE PLACED ON YOUR RIGHT TO PORT THE TELEPHONE NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT APPLY IF YOU OR THE NUMBER(S) ASSIGNED TO YOU ARE LOCATED IN SUCH A JURISDICTION.

a. Non Toll-Free Numbers Provided by the Company May Not be Ported
THE COMPANY IS THE CUSTOMER OF RECORD FOR ALL NON TOLL-FREE NUMBERS PROVIDED BY THE COMPANY TO YOU AND, THEREFORE, THE COMPANY HAS EXCLUSIVE RIGHTS OVER PORTING SUCH NUMBERS. YOU ARE PROHIBITED FROM AND MAY NOT PORT OUT NON TOLL-FREE NUMBERS THAT WERE PROVIDED TO YOU BY THE COMPANY

b. Telephone Numbers Ported In and Toll Free Telephone Numbers May be Ported Under Certain Conditions
IF YOU "PORTED IN" ANY TELEPHONE NUMBER(S) IN CONNECTION WITH YOUR USE OF SERVICES, THE COMPANY ASSIGNED YOU ONE OR MORE TOLL FREE VOICE SERVICE NUMBERS, OR YOU ARE ENTITLED TO "PORT OUT" A TELEPHONE NUMBER UNDER NON-US LAW, YOU MAY "PORT OUT" SUCH NUMBER(S) IN CONNECTION WITH TERMINATING YOUR ACCOUNT IF, AND ONLY IF, YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO THE COMPANY OF YOUR INTENTION TO "PORT OUT" SUCH TELEPHONE NUMBER(S) NO LATER THAN THIRTY (30) DAYS AFTER PROVIDING THE COMPANY NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT (THE "PORTING NOTICE PERIOD"); (ii) YOUR NEW TELEPHONE CARRIER PROVIDES THE COMPANY’S TELEPHONE CARRIER A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; (iii) YOU HAVE PAID THE COMPANY FOR ALL SERVICES PROVIDED TO YOU PRIOR TO THE DATE YOU PROVIDE THE COMPANY NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT; (iv) PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, THE COMPANY HAS RECEIVED AN ADMINISTRATIVE FEE TO COVER ITS REASONABLE COSTS ASSOCIATED WITH PROCESSING THE PORT IN AN AMOUNT OF $40 (OR THE EQUIVALENT IN LOCAL CURRENCY); AND (v) THE COMPANY HAS SUCCESSFULLY BILLED YOUR CREDIT CARD FOR AN AMOUNT EQUAL TO THREE TIMES THE MONTHLY RECURRING FEE FOR THE SERVICE ORGINALLY ORDERED. YOU HEREBY AUTHORIZE THE COMPANY TO CHARGE YOUR CREDIT CARD IN THE APPLICABLE AMOUNT FOR THE ADMINISTRATIVE FEE IN SUBSECTION (iv) ABOVE AND ANY REMAINING COST TO SATISFY SUBSECTION (v) ABOVE OR TO OTHERWISE ARRANGE TO MAKE THIS PAYMENT TO THE COMPANY WITHIN THE PORTING NOTICE PERIOD. THE PORTING PROCESS CAN BE LENGTHY; IF YOU WOULD LIKE TO MAINTAIN YOUR ACCOUNT WITH THE COMPANY DURING THE PORTING PROCESS, YOU MUST MAINTAIN YOUR ACCOUNT IN AN ACTIVE STATUS AND NOT TERMINATE YOUR ACCOUNT UNTIL THE PORTING OUT IS COMPLETE. REGARDLESS OF WHEN THE PORT OUT IS COMPLETE, YOU WILL CONTINUE TO BE RESPONSIBLE TO PAY ALL APPLICABLE ACCOUNT FEES WITH RESPECT TO THE TELEPHONE NUMBERS UNTIL YOU FORMALLY TERMINATE YOUR SERVICE. IF YOU FAIL TO SATISFY ANY OF THE FOREGOING REQUIREMENTS, THE COMPANY REMAINS THE CUSTOMER OF RECORD OVER THE NUMBER(S) AND YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. THE COMPANY ALSO RETAINS THE RIGHT TO RECLAIM THE NUMBER(S) FROM YOU AFTER THE NUMBER(S) ARE PORTED OUT IN CONTRAVENTION WITH THESE REQUIREMENTS AND TO CHARGE YOUR CREDIT CARD THE US$500 (OR THE EQUIVALENT IN LOCAL CURRENCY) IN LIQUIDATED DAMAGES SET FORTH ABOVE IN THIS SECTION. YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE REQUIREMENTS SET FORTH IN THIS SECTION b, TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS MAY OCCUR WHEN ATTEMPTING TO PORT OUT THESE NUMBERS (E.G. WHEN NO PORTING AGREEMENT EXISTS BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON) AND SUCH DIFFICULTIES OR INTERRUPTIONS MAY PREVENT YOUR NEW CARRIER FROM PORTING THE NUMBERS. THE COMPANY IS NOT RESPONSIBLE FOR SUCH TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS AND YOU WILL RECEIVE NO REFUND OF YOUR ADMINISTRATIVE FEE.

 

Virtual PBX

http://www.virtualpbx.com/agreement/

 

1.5 ownership of number

You understand and agree that you are not the owner of any telephone number assigned to you by VPBX. Ownership of any such phone number is vested solely in VPBX (who will assign or re-assign such numbers to you for your use during the term of this Agreement). You understand and agree that (a) VPBX may from time to time need to change the number assigned to you (due to an area code split or for any other reason outside of VPBX’s control) and (b) following the termination of your Virtual PBX account for any reason you will no longer have access to such number. In either case, such phone number may be re-assigned immediately to another customer and you agree that VPBX will not be liable for damages (including consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to any such re-assignment, whether based on contract, tort or other grounds, even if VPBX has been advised of the possibility of damages. In the event that the Service associated with your Virtual PBX number is being terminated, then VPBX will, upon your written request and through standard porting procedures, allow you to move your Virtual PBX number from VPBX to an alternate carrier (and will provide the necessary documentation to support this process), provided that (a) the termination of Service is not due to a default; that (b) all fees and charges for the Services, whether or not then due, have been paid in full; and, (c) a $50 port-away fee is paid to VPBX.

 

 

 

Kall8

http://www.kall8.com/terms.php

 

7. Number Portability. Toll-free numbers may be ported by Customer to another carrier subject to the charges set forth below. If Customer cancels a toll-free number or terminates service, the toll-free number may not be available to port if it has been released to the SMS pool or re-assigned to a new customer. It is Customers responsibility to port the toll-free number(s) prior to account cancellation. There are some vanity and premium numbers (marked on the website and upon sign-up) that are not portable and do not become the property of Customer. Most US Domestic numbers are portable the same as the toll-free numbers, however these numbers are provided by third party vendors and Kall8 does not have complete control over the provisioning, use and portability of such numbers. The International local and international toll-free numbers are not portable unless Customer has really good contacts with foreign Telecoms. Further, the International numbers may not support Fax and data transmissions at all times. There is no fee to port toll-free numbers to Kall8. Local numbers may, in most cases, be ported to Kall8 for $25 per number – this fee may be higher in some instances.

 

(I’ve been told at other times, that they charge a fee of $5 per month for a vanity number and that if you pay a minimum of 2 years or $120, they will allow those to be transferred away.)

 

 

 

TollFreeForwarding.com

http://www.tollfreeforwarding.com/content/terms-and-conditions.html

ARTICLE 14- PORTABILITY

14.1        You agree that TFF maintains exclusive ownership of the Service(s) it provides to you.

Their terms go on to contradict that first point saying that they do allow porting out for accounts after at least 90 days.  But…

13.4        If the phone number(s) you are attempting to port away from PGC are custom/vanity (i.e. 1-800-TOLLFREE) phone number(s), which PGC secured for you, a $71USD fee must be paid to PGC and your PGC account must satisfy all of the criteria listed of lines 1-4 of section 13.3, before we will authorize the release.

And

13.3                  If your Service is cancelled, for any reason, your previously assigned vanity/custom phone number may be re-assigned, immediately, to another subscriber.

 

 

Freedom800.com

http://www.freedom800.com/pbx/portability.php\

Toll Free Number Portability Policy

In the event that you want to cancel your Freedom800® virtual pbx phone service and transfer your toll free number to another provider, we’ll be happy to release your toll free number under the following conditions:

1. Account charges must be up to date and you must get the number moved to the long distance carrier (RespOrg) of your choice PRIOR to canceling your account.
2. You will continue to get billed for the monthly rental and any usage on your account until step 1 has been completed and you have requested us to cancel your system.
3. If you do not get the number moved to a toll free service provider before canceling your account, the number is considered abandoned. There is the possibility your previously used number(s) could be recycled into our database and used by another customer. If the number has been re-assigned to another customer the number(s) cannot be moved.

 

 

 

PATlive

http://www.patlive.com/documents/toa.pdf

 

Ownership of Numbers

You understand that all PATLive numbers, whether toll or toll-free, are rented from PATLive. If you wish to transfer (port) the numbers to another service provider, processing fees will apply. These fees may be discounted for long-term customers in good standing.