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.

CONSUMER

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.

BUSINESS

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 NUMBER

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.

DEFAULT/TERMINATION

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 without notice.

SERVICE CHANGES

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.

NO WARRANTIES

THE SERVICES ARE PROVIDED "AS IS." WE 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.

 

 
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