911 Service Disclosures of Availability and Limitations
This Disclosure with Respect to Emergency “911” Calling Service Availability and Limitations (the “Agreement”) is made and entered into this day as set forth in this electronic signature. Acceptance of this and the other policies herein constitute your full understanding of these agreements and the limitations and exclusions that may accompany this service. This agreement is by and between the subscriber (Party accepting this agreement and signifying their acceptance by electronic signature) and Netel, Inc., d/b/a WorldVOIP.net™ (“WorldVOIP.net”).
RECITALS:
A. WorldVOIP.net™ is a provider of Internet based telecommunications equipment and service (“WorldVOIP.net™ Broadband Phone Service”).
B. Customer is a purchaser of Broadband Phone Service from WorldVOIP.net™.
C. Due to the nature of the WorldVOIP.net™ Broadband Phone Service as an Internet based telecommunications service and NOT a traditional analog telephone service , Customer acknowledges that traditional Emergency 911 Calling Service is not available to Customer when using the WorldVOIP.net™ Broadband Phone Service, but instead the Customer will be provided with Limited 911 Service as detailed herein.
D. The parties desire to memorialize their mutual understanding and agreement with respect to the availability of Limited 911 Service when using the WorldVOIP.net™ Broadband Phone Service.
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, and intending to be legally bound, the parties agree to their receipt and understanding of the following Service limitations and potential unavailability:
1. The WorldVOIPp.net™ service does not offer 911 or E-911 emergency services like the services that you get from a traditional telephone company. You acknowledge and understand that WorldVOIP.net™ does not support traditional 911 and E-911 access to emergency services. Traditional 911 services automatically route your calls to a trained 911 dispatcher, available on a 24-hour basis, using special answering facilities at the local Public Safety Answering Point (PSAP) for your location. Traditional E-911 services automatically provide to the PSAPs the calling party's call back number and location.
WorldVOIP.net™'s limited emergency services differ from traditional emergency services that you receive from a traditional telephone company in several important ways described below. We recommend that you tell others in your household, your guests, and other third parties who may be present where the WorldVOIP.net™ services will be used of these limitations. YOU SHOULD MAINTAIN AN ALTERNATIVE MEANS OF CALLING EMERGENCY SERVICES!!!
i. Your 911 Calls Will Only Be Routed to the General Telephone Number of a Local Emergency Provider; These Calls Will Not Connect You With A Trained 911 Dispatcher Available 24 Hours; You May Not Be Able To Reach Any Emergency Services
WorldVOIP.net™'s limited emergency service is not the same as traditional 911/E911 service. When you dial 911 using WorldVOIP.net™'s limited emergency services, your call is routed to a general or administrative number for the PSAP or a local emergency service provider and will not necessarily be routed to a trained dispatcher. In addition, services may not be available on a 24-hour basis, you may experience a busy signal, or you may not be able to reach any emergency services personnel at all.
ii. Emergency Service Responders Will Not Automatically Know Your Number or Where You are Located
Unlike traditional E-911 services, when you call 911 using the WorldVOIP.net™ service, the emergency personnel receiving your call will not be able to automatically identify your phone number or the physical address from which you are calling. You will need to tell the emergency personnel the nature of your emergency, give them your phone number, and describe you location. If your call is dropped for any reason, emergency personnel may not be able to call you back or find your location.
iii. You May Not Be Able To Reach the Correct Emergency Service If You Register An Incorrect Service Address
If you register for WorldVOIP.net™ services using an incorrect physical address and location of your equipment, your emergency calls may be routed to the incorrect emergency service provider. These emergency personnel may not be able to transfer your call or respond to your emergency.
iv. You May Not Be Able to Reach the Correct Emergency Services If You Have A VOIP .net Telephone Number That Does Not Match Your Actual Geographic Location
Emergency service personnel cannot accurately track your location through our system and it is therefore important that you keep your location registration updated through your user portal (https://portal.WorldVOIP.net™ ) For example, if you live and use your WorldVOIP.net™ phone in Virginia where the calling area code is 703, but your assigned WorldVOIP.net™ telephone number has an area code of 212, a number usually for New York City, when you dial 911, you may not be able to reach any emergency personnel. Even if you do reach emergency personnel, you will not be calling the emergency personnel near your actual location (the
v. You May Not Be Able to Reach the Correct Emergency Services If You Move Your VOIP .net Phone to a Location Different From the Address You Initially Registered under your 911 Profile
It is important that you register your location every time you move your WorldVOIP.net™ powered phone. If you move your WorldVOIP.net™ equipment to another location without reregistering using your 911 Profile toll found under the “Manage” tab of your User Portal, when you dial 911, you may not be able to reach any emergency personnel. Even if you do reach emergency personnel, you will not be calling the emergency personnel near your actual location and these emergency personnel may not be able to transfer your call or respond to your emergency.
vi. You May Not Be Able to Reach the Correct Emergency Services If You Fail to Reregister Your New Location Or Call 911 Within [48 Hours] of Updating Your Location
It is important that you register your location every time you move your WorldVOIP.net™ phone. When you change your location, it may take up to [48 hours] for your location change to be reflected in our records. During that time, you may not be able to reach any emergency service provider or may not be able to reach the correct emergency services provider by calling 911 with the WorldVOIP.net™ service.
vii. 911 Service Will NOT Work If You Experience A Power Outage Or An Outage Or Slowdown Of Your High-Speed Internet Line
Outages in your electricity and problems with your high-speed Internet connection, including network congestion, will disrupt your WorldVOIP.net™ service and you will not be able to use it for 911 emergency calling.
Viii.911 Service Will NOT Work If Your Service Is Disconnected Or You Experience An Outage For Any Reason
If you have a service outage due to a suspension of your account due to billing issues or for any other reason, you will not be able to use the WorldVOIP.net™ service for any calling, including for emergency service or 911 calls.
Having read and understanding the above information, regarding the limitations of the Limited 911 emergency services available through the WorldVOIP.net™ service:
(a) Customer acknowledges and agrees that the WorldVOIP.net™ Broadband Phone Service is an Internet-based; telecommunications services and is not a traditional, analog telecommunications service. Accordingly, Customer further acknowledges and agrees that, due to the nature of the WorldVOIP.net™ Broadband Phone Service, traditional Emergency 911 Calling Service is not available to Customer when using the WorldVOIP.net™ Broadband Phone Service.
(b) Customer acknowledges that WorldVOIP.net™ does offer Limited 911 Service, whose differences to traditional Emergency 911 calling are detailed above and can also be found via the WorldVOIP.net™ Direct website (www.WorldVOIP.net/e911.aspx). Customer further acknowledges that he/she understands that under certain circumstances the Limited 911 Service may not work at all.
(b) WorldVOIP.net™ has provided to Customer a summary of its Limited 911 Service, which is available when using the WorldVOIP.net™ Broadband Phone Service as compared with traditional Emergency 911 Calling Service (the “E911 Summary”, a copy of which is attached hereto as Exhibit “A” and incorporated herein. Customer acknowledges that Customer has read and understands the E911 Summary and has been provided the opportunity to ask and have answered by WorldVOIP.net™ any and all questions pertaining to the E911 Summary and the availability or non-availability of WorldVOIP.net™'s Limited 911 Calling Service using the WorldVOIP.net™ Broadband Phone Service.
(c) CUSTOMER REPRESENTS, WARRANTS AND COVENANTS TO WorldVOIP.net THAT, NOTWITHSTANDING THE AVAILABILITY OF LIMITED 911 SERVICE HEREUNDER, DUE TO THE NATURE OF THE WorldVOIP.net BROADBAND PHONE SERVICE AS AN INTERNET-BASED TELECOMMUNICATIONS SERVICE AND NOT A TRADITIONAL, ANALOG TELECOMMUNICATIONS SERVICE, IN THE EVENT THAT PERSONS RESIDING AT, VISITING OR EXPECTED TO VISIT, CUSTOMER'S SERVICE ADDRESS COULD REASONABLY BE EXPECTED TO REQUIRE 911 SERVICE, THEN CUSTOMER IS NOT AND SHALL NOT RELY UPON THE AVAILABILITY OF 911 SERVICE FROM WorldVOIP.net HEREUNDER AND SHALL MAKE PROVISION FOR THE AVAILABILITY OF TRADITIONAL ANALOG-BASED 911 SERVICE OR OTHER EMERGENCY RESPONSE SERVICES.
2. DISCLAIMER OF WARRANTIES. WorldVOIP.net IS PROVIDING THE WorldVOIP.net BROADBAND PHONE SERVICE ON AN “AS IS” BASIS. WorldVOIP.net HAS NOT MADE, DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATION, WARRANTY, PROMISE OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY WITH RESPECT TO THE AVAILABILITY OF E911 SERVICE USING THE WorldVOIP.net BROADBAND PHONE SERVICE, OR THE FUNCTIONALITY, PERFORMANCE, RESULTS OR USE THEREOF. WITHOUT LIMITING THE FOREGOING AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, WorldVOIP.net DOES NOT WARRANT THAT LIMITED 911 SERVICE USING THE WorldVOIP.net BROADBAND PHONE SERVICE IS OR WILL BE ACCURATE, ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED INTRUSION, OR WILL MEET CUSTOMER'S REQUIREMENTS.
3. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, WorldVOIP.net SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES RESULTING FROM THE PROVISION, OR CUSTOMER'S USE, OF E911 SERVICE, OR FROM THE UNAVAILABILITY OF LIMITED 911 SERVICE USING THE WorldVOIP.net BROADBAND PHONE SERVICE, INCLUDING, WITHOUT LIMITATION, RELIANCE BY ANY PERSON ON THE AVAILABILITY OF THIS LIMITED 911 SERVICE, OR LIABILITY TO THIRD PARTIES, HOWEVER CAUSED, WHETHER BY THE ACT OR NEGLIGENCE OF WorldVOIP.net, OR OTHERWISE.
STANDARD TERMS OF SERVICE (TOS) & ACCEPTABLE USE POLICY
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STANDARD TERMS OF SERVICE (TOS) & ACCEPTABLE USE POLICY
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to access or use this site, or any service on this site, you signify your acceptance of these terms and conditions of service. From time to time, WorldVOIP.net™ may modify these terms and conditions. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute your acceptance of the terms and conditions of service, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by WorldVOIP.net™ and shall be of no force or effect.
1. User Consent to Terms and Conditions of Service. You represent that you have read and agree to be bound by the terms and conditions of service ("TOS") for www.WorldVOIP.net. You further agree: (a) to comply with
2. Intellectual Property. This Web site, including but not limited to text, content, photographs, video, audio and graphics (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under
3. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the TOS. The content you distribute or request to receive (directly or indirectly) through membership access, any products and services you may choose to offer (if permitted to do so), and any username you select: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law or regulation (including without limitation those governing export control, unfair competition, anti-discrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain child pornography; or (e) shall not contain any computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not distribute unsolicited commercial messages ("spam") through your use of services provided by WorldVOIP.net™ or take any other action, which imposes an unreasonable or disproportionately large load on our infrastructure, including without limitation, using excessive network bandwidth. In addition, you may not distribute spam that directs or encourages users to visit our Website through the account of another provider. At our option and without further notice, WorldVOIP.net™ may use anti-spam technologies that may terminate your messages without delivering them or prevent messages from reaching you. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of WorldVOIP.net™. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by WorldVOIP.net™ and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of WorldVOIP.net™ and such others. You agree to protect the proprietary rights of WorldVOIP.net™ and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by WorldVOIP.net™ or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify WorldVOIP.net™ in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
4. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT WorldVOIP.net 'S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OF WorldVOIP.NET'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR
5. Interactive Features.
(A) You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials contained in the Service (collectively, the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not WorldVOIP.net™, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. WorldVOIP.net™ does not control the Content posted via the Service by third-parties and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WorldVOIP.net™ be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You agree to not use the Service to: (i) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a WorldVOIP.net™ official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (v) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; (viii) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; or (x) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
(B) By posting messages, uploading files, or otherwise providing any material to us for display on the Service, you are granting WorldVOIP.net™ a royalty-free, perpetual, non-exclusive, unrestricted, Worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
(C) WorldVOIP.net™ shall have the right, but not the obligation, to monitor the content of WorldVOIP.net™, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by WorldVOIP.net™ and to satisfy any law, regulation or authorized government request. WorldVOIP.net™ shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on WorldVOIP.net™. Without limiting the foregoing, WorldVOIP.net™ shall have the right to remove any material that WorldVOIP.net™, in its sole discretion, finds to be in violation of the provisions of the TOS or otherwise objectionable.
6. License. You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by WorldVOIP.net™ ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.
7. Fees and Payments. WorldVOIP.net™ reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time WorldVOIP.net™ requires a fee for portions of the Service or the Service as a whole, WorldVOIP.net™ will require you to register and create an account. In no event will you be charged for access to portions of the Service or to the Service unless WorldVOIP.net™ obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by WorldVOIP.net™ or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless WorldVOIP.net™ receives all fees and charges payable by you, including the Prepaid Fee. The rates applicable to all telecommunications services or products provided by WorldVOIP.net™ shall be the rates charged by the underlying carrier at the time the PIN is purchased. All rates apply only to calls originated in the
8. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and WorldVOIP.net™, at all times be and remain the sole and exclusive property of WorldVOIP.net™. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to WorldVOIP.net™ for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use WorldVOIP.net™'s Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without WorldVOIP.net™'s prior written approval.
9. Disclaimer and Limitation of Liability.
(A) You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, Content, services, goods or advertisements (the "Items") are provided "AS IS" and that WorldVOIP.net™ makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. WorldVOIP.net™ does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that WorldVOIP.net™, its Suppliers and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of WorldVOIP.net™ its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against WorldVOIP.net™ by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by WorldVOIP.net™. WorldVOIP.net™ is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. WorldVOIP.net™ does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. WorldVOIP.net™ is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that WorldVOIP.net™ and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
(B) You acknowledge that (i) the Service is provided for information purposes only; (ii) WorldVOIP.net™ does not guarantee the sequence, accuracy, completeness or timeliness of the Service and (iii) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which WorldVOIP.net™ is a party. Accordingly, anything to the contrary herein set forth notwithstanding, WorldVOIP.net™, its officers and employees, parent, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i)inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (ii)delays, errors or interruptions in the transmission or delivery of the Service; or (iii) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
(C) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WorldVOIP.NET, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A WorldVOIP.NET AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall WorldVOIP.NET' s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
(D) THE PRODUCTS OBTAINED THROUGH THE USE OF OR IN CONNECTION WITH THIS WEBSITE MAY OR MAY NOT CARRY WARRANTIES FROM THE MANUFACTURERS OF THOSE PRODUCTS. IF SUCH MANUFACTURER WARRANTIES EXIST, THEY ARE THE ONLY WARRANTIES APPLICABLE TO SUCH PRODUCTS.
(E) WorldVOIP.NET DOES NOT WARRANT THAT THE WEBSITE CONTAINS COMPREHENSIVE INFORMATION ON ANY PRODUCT OR ANY CATEGORIES OF PRODUCTS WHATSOEVER.
(F) THE RISK OF LOSS OF ALL PINS PURCHASED THROUGH THIS WEB SITE SHALL PASS TO CUSTOMER IMMEDIATELY UPON PURCHASE AND CUSTOMER SHALL ASSUME ALL RISK OF LOSS. WorldVOIP.NET SHALL NOT BE OBLIGATED TO PROVIDE CREDITS OR REFUNDS (IN ANY FORM OR AMOUNT) FOR LOST OR STOLEN PINS, MISUSED PINS, UNAUTHORIZED OR FRAUDULENT USE OF PINS, OR FOR PINS THAT HAVE UNUSED OR EXPIRED MINUTES.
(G) THE OBLIGATIONS OF WorldVOIP.net UNDER THIS AGREEMENT ARE SUBJECT TO, AND WorldVOIP.NET SHALL NOT BE LIABLE FOR, DELAYS, FAILURES TO PERFORM, DAMAGES, LOSSES OR DESTRUCTION, OR MALFUNCTION OF ANY EQUIPMENT OR ANY CONSEQUENCE THEREOF CAUSED OR OCCASIONED BY, OR DUE TO FIRE, FLOOD, WATER, THE ELEMENTS, LABOR DISPUTES OR SHORTAGES, UTILITY CURTAILMENTS, POWER FAILURES, EXPLOSIONS, CIVIL DISTURBANCES, GOVERNMENTAL ACTIONS, SHORTAGES OF EQUIPMENT FOR SUPPLIES, UNAVAILABILITY OF TRANSPORTATION, ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATIONS, ACTS OR OMISSIONS OF THIRD PARTY SERVICE PROVIDERS, OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF WorldVOIP.NET.
(H) You may order, purchase, or otherwise obtain services or merchandise through this Web site from entities not affiliated with WorldVOIP.net™ ("Sellers"). All matters concerning the merchandise and services obtained or desired from any Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. WorldVOIP.net™ makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider WorldVOIP.net™ nor will WorldVOIP.net™ be construed as a party to such transactions, whether or not WorldVOIP.net™ may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
10. Representations and Warranties. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TOS.
11. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless WorldVOIP.net™ and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against WorldVOIP.net™, its employees, representatives, Suppliers and agents, by a third party, arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
12. Termination. Either you or WorldVOIP.net™ may terminate the TOS with or without cause at any time and such termination shall be effective immediately. You may terminate the TOS by discontinuing use of the Service and destroying all materials obtained from the Service. These TOS will terminate immediately without notice from WorldVOIP.net™ if you, in WorldVOIP.net™ 's sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by WorldVOIP.net™, you must destroy promptly all materials obtained from the Service and any copies thereof.
13. Miscellaneous.
(A) You accept that WorldVOIP.net™ has the right to change the content or technical specifications of any aspect of the Service at any time at WorldVOIP.net™ 's sole discretion. You further accept that such changes may result in your being unable to access the Service.
(B) You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of WorldVOIP.net™. You further agree not to use an inappropriate member name of any kind.
14. Assignment. WorldVOIP.net™ may freely assign this Agreement and upon such assignment WorldVOIP.net™ will be relieved of any further obligation there under. You may not assign its rights under this Agreement, in whole or in part, to any third party.
15. Headings. The section titles in the TOS are used solely for the convenience of you and WorldVOIP.net™ and have no legal or contractual significance.
16. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOS will remain in force.
17. Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. All waivers must be in writing.
18. Applicable Law: Venue, Legal Actions and Attorneys' Fees. This Agreement will be governed by and construed in accordance with the Laws of the State of
19. Entire Agreement. The TOS and any other terms and conditions of service on www.WorldVOIP.net, and its successor(s), constitute the entire agreement between you and WorldVOIP.net™ and govern your use of the Service.
INTELLECTUAL PROPERTY ISSUES
1. General Inquiries: Please send general inquiries regarding intellectual property issues to General Counsel.
2. Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act): WorldVOIP.net™ respects the rights of all copyright holders and in this regard, WorldVOIP.net™ has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WorldVOIP.net™ 's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512: A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
D. Information reasonably sufficient to permit us to contact the complaining party;
E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PRIVACY POLICY
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WorldVOIP.net™ - Privacy Policy
WorldVOIP.net™'s PRIVACY POLICY
WorldVOIP.net™'s policy is to respect and protect the privacy of our users. We want our Internet users to be comfortable using our site. This policy statement tells you how we collect information from you and how we use it. The following policy only applies to online activities on WorldVOIP.net™ Website, not to offline activities.
REGISTRATION
The WorldVOIP.net™ online registration form requires You to provide contact information (such as name), unique identifiers (address and email address) and demographic information (age), all of which is user profile information. Contact information is used to communicate with You for purposes such as gathering survey information, billing for requested value-added services, notification of service upgrades, and changes to existing services. Unique identifiers (such as e-mail and street addresses) are used to verify Your identity and to set up record system accounts. Additionally, if You choose to purchase products or services You may be asked to provide financial information such as credit card numbers for billing purposes. All financial information is kept confidential. A third party financial institution will be used to process credit card orders.
USE OF PERSONALLY IDENTIFIABLE INFORMATION
WorldVOIP.net™ will not disclose your personal information to third parties without your consent. However, certain personal information that is required to provide the services may be shared with WorldVOIP.net™'s partners. Also, WorldVOIP.net™ may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) WorldVOIP.net™'s rights or property, other WorldVOIP.net™ users, or anyone else that could be harmed by such activities. WorldVOIP.net™ may disclose user information when we believe in good faith that the law requires it.
WorldVOIP.net™ shares aggregate information (data that does not contain personally identifiable information) about our users with advertisers, business partners, sponsors and other third parties.
Opt-In
If you become a registered user of WorldVOIP.net™ and choose to "Opt-In" to receive promotional information, we may send you information about exciting new products or services. This information may come from WorldVOIP.net™, its partners, or other interested and selected third parties. In order to help identify and deliver these special promotional offers to you, if you have opted in to receive promotional information and offers, WorldVOIP.net™ may share the personal information you have provided us with third parties who are offering such opportunities. In addition, the personal information may be combined with other personally identifiable information (such as demographic information and past purchase information) available from our records and other sources.
REVISING YOUR PROFILE
In case you change your mind about your opt-in decision(s) or if some of your personal information changes (such as your zip code), we will provide a way to correct, update or remove the personal data you give us. You can do this at the member information page or by contacting our Customer Support organization at webmaster@WorldVOIP.net .
USE OF IP ADDRESSES
An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers automatically identify your computer by its IP address.
WorldVOIP.net™ collects IP addresses for the purposes of system administration, to report aggregate information to our advertisers, and to audit the use of our site. When guests request pages from WorldVOIP.net™ site, our servers log the guests' IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that a user's session will be logged, but the user remains anonymous to us. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, site, You or others.
USE OF COOKIES
Cookies are pieces of data that a website transfers to an individual's hard drive for record-keeping purposes. Cookies make Web-surfing easier for you by saving your preferences while you are at our site. We never save passwords or credit card information in cookies. The use of cookies is an industry standard.
By showing how and when guests use a site, cookies help us see which areas are popular and which are not. Many improvements and updates to the site are based on such data as total number of visitors and pages viewed. This information is most easily tracked with cookies. We use the information from cookies to provide services better tailored to our users needs.
WorldVOIP.net™ primarily uses cookies to track user trends and patterns. This helps us better understand and improve areas of the WorldVOIP.net™ service that our users find valuable. While this activity depends on the use of a "cookie," visitors to WorldVOIP.net™ always have the option of disabling cookies via their browser preferences. Information from cookies is sometimes attached to messages sent to our Customer Service department.
Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, note that some parts of the WorldVOIP.net™ service will not function properly if you refuse cookies.
You may occasionally get cookies from our advertisers if you "click" on an advertisement that takes you from WorldVOIP.net™ to the advertiser's website. WorldVOIP.net™ does not control these cookies. The use of advertising cookies sent by third-party servers is standard in the Internet industry.
THIRD PARTY COOKIES
In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your browser.
LINKS TO OTHER SITES
Users should be aware that when you are on WorldVOIP.net™, you could be directed to other sites that are beyond our control. There are links to other sites from WorldVOIP.net™ pages that take you outside our service. For example, if you "click" on a banner advertisement or a WorldVOIP.net™ search result, the "click" takes you off the WorldVOIP.net™ site. This includes links from advertisers, sponsors and partners that may use WorldVOIP.net™ logo as part of a co-branding agreement. These other sites may send their own cookies to users, collect data or solicit personal information.
Please keep in mind that whenever you give out personal information online that information can be collected and used by people you don't know. While WorldVOIP.net™ strives to protect its user's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.
WorldVOIP.net™'s policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond WorldVOIP.net™'s control, and is not to be applied in any manner contrary to applicable law or governmental regulation.
SECURITY
The importance of security for all personally identifiable information associated with You is of utmost concern to us. We exercise great care in providing secure transmission of Your information from Your PC to our servers.
WorldVOIP.net™'s site has security measures in place to protect the loss, misuse and alteration of the information under our control. Normally, we require our users to transmit credit card information for the purpose of sign up or to make changes to their credit card information. In these cases, we transmit that credit card number in an encrypted format using SSL (secure socket layer), the industry-standard. However, e-mail should not be considered as a secure means of communication even when encrypted. The information can only be as secure as the encryption method.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect Your personal information, WorldVOIP.net™ cannot ensure or warrant the security of any information You transmit to us or from our online products or services, and You do so at your own risk. Once we receive Your transmission, we make our best effort to ensure its security on our systems.
Your WorldVOIP.net™ Account is password protected so that only You can access it and view information relevant to Your account. We recommend that You do not divulge Your password to anyone. WorldVOIP.net™ will never ask You for Your password in an unsolicited phone call or email. Ultimately, You are responsible for maintaining the secrecy of Your passwords and any account information.
Remember to sign out of Your WorldVOIP.net™ account and close your browser window when You have finished Your work. This is to ensure that others cannot access Your personal information and correspondence if Your computer is accessible to others or if You share a computer with someone else or are using a computer in a public place like a library or internet café.
YOUR ACCEPTANCE OF THESE TERMS
By using this site, you signify your assent to the WorldVOIP.net™ Privacy Policy. If you do not agree to this Policy, please do not use our sites. Your continued use of the WorldVOIP.net™ sites following the posting of changes to these terms will mean you accept those changes.
If you have questions regarding this statement should be directed to the webmaster by email at www.WorldVOIP.net :
Privacy@WorldVOIP.net