USE OF SERVICE
You agree not to use the Service for
any unlawful or abusive purpose or in any way which interferes with
our ability to provide Service to our customers, or damages our property.
You agree not to use the Service for any illegal activities. Resale
of your Number, the Service, or any part thereof, is prohibited without
prior contractual arrangements with us and any required regulatory
approvals. As set forth below, you have no ownership rights to the
Number; we may change your Number by giving you notice, although
we will take all reasonable steps not to do so. You may obtain ownership
of your number with cost. If your Service is fraudulently used, you
must immediately notify us. We have the right to interrupt or restrict
Service to your Number, without notice to you, if we suspect fraudulent
or abusive activity. You agree to cooperate with us in any fraud
investigation and to use any fraud prevention measures we prescribe.
Upon termination of the Service, Customer's right to use the Service
immediately ceases. Customer shall have no right and Voipware will have
no obligation thereafter to forward any unread or unsent messages to
Customer or any third party.
If you have subscribed to one
of Voipware's consumer services, the Service is provided to you as
an individual user, for your personal, non-business and non-professional
use. This means that you are not using them for any commercial
or governmental activities, profit-making or non-profit, including
but not limited to home office, business, sales, tele-commuting, tele-marketing,
autodialing, continuous or extensive call forwarding, fax broadcast,
fax blasting or any other activity that would be inconsistent with
normal residential usage patterns. This also means that you are not
to resell or transfer the Service to any other person for any purpose,
or make any charge for the use of the Service, without express written
permission from Voipware in advance. You agree that your use of the
Service, or the use of the Service provided
to you by any other person for any commercial or governmental purpose
will obligate you to pay Voipware's higher rates for commercial service
on account of all periods, including past periods, in which you use,
or used, the Service for commercial or governmental purposes. Voipware
reserves the right to immediately terminate or modify the Service,
if Voipware determines, in its sole discretion, that your Service is being
used for non-residential or commercial use.
If you have subscribed
to Voipware's Small Business services, the Service and Materials
are provided to you as a small business user. This means that you are
not to resell or transfer the service or Materials to any other person
for any purpose, without express written permission from Voipware in advance.
You agree that the Voipware's Small Business Plans do not confer the right
to use the service for auto-dialing, continuous or extensive call forwarding,
telemarketing, fax broadcasting or fax blasting. Voipware reserves
the right to immediately terminate or modify the Service, if Voipware
determines, in its sole discretion, that your Service is being used
for any of the aforementioned activities.
OWNERSHIP OF TOLL-FREE NUMBER
You are the owner of
any toll free telephone number assigned to you by Voipware. You may
request to transfer your toll free number to another carrier at no
extra charge. Following the termination of your Voipware account for any
reason, the number becomes property of GotVMail. It is the customers
responsibility to have their toll free number transferred to another
provider prior to canceling their Voipware account.
OWNERSHIP OF LOCAL
You understand and agree that you are not the owner
of any local telephone number assigned to you by Voipware. Ownership of
any such local phone number is vested solely in Voipware (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) Voipware may from time
to time need to change the local number assigned to you (due to an
area code split or for any other reason outside of Voipware's control)
and (b) following the termination of your Voipware account for any reason
you will no longer have access to such local number. In either case,
such local phone number may be re-assigned immediately to another
customer and you agree that Voipware 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 Voipware has
been advised of the possibility of damages.
If you fail to pay any amount owed to us within 5
days after the due date, or if you have in the past failed to pay amounts
due us or an affiliate of ours, or if you breach any representation
to us or fail to perform any of the promises you have made in this
Agreement, or if you are subject to any proceeding under the Bankruptcy
Act or similar laws, you will be in default and we may, in our sole
discretion and with or without prior notice, suspend or restrict Service
and/or terminate this Agreement, in addition to all other remedies
available to us. We may require reactivation charges to renew Service
after termination or suspension. Upon termination, you are responsible
for paying all amounts and charges owing under this Agreement, including
any applicable cancellation fee. You agree to pay all costs including
attorneys fees, collection costs and court costs we incur in enforcing
this Agreement through any appeal. Should your credit card decline
for any reason, we will attempt to charge it again. If the second attempt
to bill your credit card is unsuccessful, your account will be suspended
You may change Service features
or Service plan by notifying us and paying our standard charges,
and by complying with any other requirements we include to accomplish
the change. Changes will take effect by your next billing cycle.
Any person able
to provide your name, address, and the Number is authorized
by you to receive information about your account, and to make changes
to the account.
THE SERVICES ARE PROVIDED "AS
MAKE NO WARRANTIES REGARDING THE SERVICE WHATSOEVER AND EXPRESSLY
DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE
DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON
OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, the foregoing disclaimers
may not apply to you insofar as they relate to implied warranties.
If you rely on the representations or warranties of any third
persons with respect to the Services (including without limitation
by dealers or resellers of the Services) beyond those made
by Voipware, your sole remedy for such reliance is against the
third person making such representation or warranty.