 |
The
Voipware website or its Partners' (define Partners) website,
as the case may be (the "Site"), provides you with the online communications
service ("Service") offered by Voipware ("Voipware"), through
which various Voipware communication Software (as defined below)
may be downloaded, subject to your compliance with the terms and
conditions set forth below.
These
terms and conditions apply to all applicable Voipware services
offered by Voipware ("Agreement"). This Agreement and the Voipware
Privacy Policy ("Privacy Policy") are legal agreements between you
and Voipware regarding the use of any of the software you download
from the Site, including all programs, related documentation and
updates which may be periodically provided by Voipware (collectively,
the "Software").
PLEASE
READ CAREFULLY AND REVIEW ALL OF THE TERMS, CONDITIONS, AND STATEMENTS
MADE WITHIN THIS AGREEMENT AND THROUGHOUT THIS SITE, BEFORE CONSENTING
TO THIS AGREEMENT. ONCE YOU REGISTER WITH Voipware YOU ARE EXPRESSLY
AGREEING TO BE LEGALLY BOUND TO AND BECOME A PARTY TO THIS AGREEMENT
AND ANY OTHER TERMS CONTAINED THROUGHOUT THIS SITE. IF YOU DO NOT
AGREE TO ANY OR ALL OF THE TERMS OF THIS AGREEMENT, DO NOT REGISTER
FOR THE Voipware SERVICE. If you do not wish to be bound by these
terms and conditions, you may not access or use the Site, Software
or Service.
Voipware
may modify this Agreement, including but not limited to, its rates
or any terms or conditions, at any time by posting such modification
on the Site and such modification shall be deemed effective immediately
upon posting of the modified Agreement.
You
agree to review this Agreement and Site regularly as there may be
modifications. Your continued access or use of the Site, Software
or Service shall be deemed your acceptance of the modified Agreement.
Voipware may also make changes to the Site, Software or Service
at any time without notice. Voipware reserves the right to change
or update information on the Site without notice. All images, text,
graphics, logos, sound, programs and any other material found on
the Site are protected by United States copyright law and international
treaties. Any reproduction or use of such material by you is expressly
prohibited. Elements of the Site are protected by trade dress and
other laws and may not be copied or imitated in whole or in part.
By
entering a credit card number and/or using the Services at Voipware.com,
you authorize Voipware to charge your credit card the monthly fee
of your current plan stated on the Site on a month-by-month basis
until you cancel your membership. You represent that the information
you submit is true and accurate, and you agree to pay all charges
and fees incurred. Service will begin on the date the credit card
is charged and will continue on a month-to-month basis. Service
is subject to availability and capacity of the Site, Internet connections,
and telecommunications vendors and is not guaranteed to be available
to you. Fees are charged on the basis of one month or any part thereof.
Although Voipware utilizes industry standard security technology
to protect your information, Voipware does not guarantee or warrant
against third parties breaching its security technology and obtaining
and/or using your information. YOU, AND NOT Voipware, ARE RESPONSIBLE
FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY
WHICH WERE NOT AUTHORIZED BY YOU. NO REFUNDS WILL BE GIVEN TO YOU
UNDER ANY CIRCUMSTANCES.
After
registering for Voipware service, this Agreement permits you
the non-exclusive right to use the Software, Service and the Site.
You are alowed to have (1) copy of the Software, for your internal
purposes only, on only one computer. The Software is "in use" on
a computer when it is loaded into the temporary memory (i.e. RAM)
or installed into the permanent memory (e.g., hard disk, CD-ROM,
or other storage device) of that computer.
The
Software, Service and the Site are made available solely for use
by you in accordance with the terms of this Agreement. You may not
share, divulge or otherwise distribute the user name and password
that is associated with your account with the intent to defraud
or permit unauthorized or fraudulent use of the Voipware Service.
Reselling the Service is strictly forbidden. If such use is detected,
Voipware may suspend or terminate your account without notice.
As stated above, no refund will be given. Should Voipware, in its
sole determination, detect use of the Voipware Service in a manner
that is inconsistent with the terms of this Agreement, Voipware
shall have the right to terminate service to the account in question
without notice, and no refund will be given. This includes, but
is not limited to, the furnishing of false or misleading information
by you to Voipware during registration for and/or subsequent use
of the Services, Software or Site contained herein.
The
Software is made available solely for use by you in accordance with
the terms of this Agreement. Any violation is expressly prohibited
by law and may result in severe penalties. Violators will be prosecuted
to the maximum extent possible. The Software that is available for
download from this Site is the copyrighted work of Voipware and/or
its suppliers. Any redistribution or reproduction of the Voipware
Software not in accordance with these terms is expressly prohibited
by law, and may result in civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible. WITHOUT LIMITING
THE FOREGOING, YOU MAY NOT COPY THE SOFTWARE TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION.
Voipware
reserves all rights in the Services, Software and Site not expressly
granted herein, including without limitation ownership and proprietary
rights.
Voipware
shall retain all right, title and interests in its trade names,
logos, trademarks, service marks, trade dress, copyrights, websites,
domain names and proprietary technology (collectively "Marks"),
which shall remain the exclusive property of Voipware, and nothing
in this Agreement shall grant you the license to use such Marks.
All intellectual property rights in the Software, including, but
not limited to, all copyrights, technology secrets, audio, images
and text incorporated into the Software are owned by Voipware
and/or its suppliers and are protected by United States copyright
laws and international treaty provisions. Voipware shall retain
all rights in the Software and its Marks, including, but not limited
to, ownership and proprietary rights. You may not reverse-engineer,
decompile or disassemble the Software in any way. The boundaries
contained herein apply equally without stipulation to any updates
or new Voipware products that may be periodically provided to
you by Voipware.com.
LINKS
AVAILABLE ON THIS SITE MAY ENABLE YOU TO LEAVE THE SITE. THE LINKED
SITES CONTAIN OTHER TERMS AND CONDITIONS, ARE NOT UNDER THE CONTROL
OF Voipware AND Voipware IS NOT RESPONSIBLE FOR THE CONTENTS OF
ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES
OR UPDATES TO SUCH SITES. Voipware IS PROVIDING THESE LINKS TO
YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY Voipware OF THE SITE. Voipware cannot and
does not guarantee or warrant that the Software or other files available
for downloading from the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data. You
are responsible for taking precaution to ensure that whatever you
select for your use is free of viruses, worms, Trojan horses and
other items of a destructive nature.
Voipware
may offer you products and services provided by third parties. These
third party products and services are provided to you only as a
matter of convenience and are not under the control of Voipware.
Voipware is not responsible or liable for the contents, quality,
performance or terms of use of any such third party products or
services.
You
agree to use the Service, Software and Site only for lawful purposes.
You are prohibited from posting on or transmitting through the Service
and Site any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful,
racially, ethnically or otherwise objectionable material of any
kind, including but not limited to any material that encourages
conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any applicable local, state, national,
or international law.
If
Voipware is notified of allegedly infringing, defamatory, damaging,
illegal or offensive content provided by you, Voipware may investigate
the allegation and determine in its sole discretion whether to remove
or request the removal of such content from the Service or Site.
Voipware may disclose any content or electronic communication of
any kind (i) to satisfy any law, regulation, or government request
or (ii) to protect the rights or property of Voipware and its users.
Voipware
reserves the right to prohibit conduct, communication or content
that it deems in its sole discretion to be harmful to individual
users, Voipware, the communities that make up Voipware, or any
rights of Voipware or any third party, or to violate any applicable
law.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Voipware DISCLAIMS
ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE,
SITE AND SERVICE AND ANY TRANSACTION PERFORMED THROUGH THE SOFTWARE,
SITE OR SERVICE OR ON THE INTERNET GENERALLY. Voipware cannot and
does not guarantee or warrant that the Software or other files available
for downloading from the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE,
SOFTWARE AND SERVICE. ALL SERVICES PROVIDED BY Voipware ARE
PROVIDED "AS
IS". Voipware DOES NOT WARRANT THAT THE SITE, SOFTWARE OR SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICE WILL OPERATE
WITHOUT ANY PACKET LOSS OR INTERRUPTION, OR THAT ANY DEFECTS IN
THE SITE, SOFTWARE OR SERVICE WILL BE CORRECTED. Voipware MAKES
NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OF THE CALL
OR ANY CONNECTION TO OR ANY TRANMISSION OVER THE INTERNET. SOME
STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
YOU
ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION
CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT Voipware AND
ITS SUPPLIERS OR LICENSORS WILL NOT BE LIABLE FOR (1) ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
SITE OR SERVICE, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR
DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (2) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED
FROM, THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE
FOR YOU TO DISCONTINUE YOUR USE OF THIS SITE, SERVICE AND SOFTWARE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
You
agree to indemnify, defend and hold Voipware, its officers, directors,
employees, agents, shareholders, licensors, suppliers and any third
party information providers to the Site, Software or Service harmless
from and against all losses, expenses, damages and costs, including
attorneys' fees, resulting from any violation by you of the Agreement
or asserted by any third party due to or arising out of your use
of or conduct on the Site, Software or Service. The provisions of
this paragraph are for the benefit of Voipware and its officers,
directors, employees, agents, shareholders, licensors and suppliers
to the Site, Software or Service. Each of these individuals or entities
shall have the right to assert and enforce these provisions directly
against you on its own behalf.
Voipware
reserves the right to terminate the Site, Software and/or Services
offered by Voipware and/or your use of the Software, Service and
Site at any time without notice and for any or no reason. You may
terminate this Agreement at any time simply by ceasing to use the
Software, Site and Service; Termination may also occur as your membership
and/or account expire; however, the provisions of this Agreement
shall survive such termination. NO REFUNDS WILL BE GIVEN TO YOU
UNDER ANY CIRCUMSTANCES.
This
Agreement is governed by the laws of the United States and the State
of California, without reference to conflict of laws principles.
Any dispute between you and Voipware regarding this Agreement will
be subject to the exclusive venue of the state and federal courts
in the state of California.
This
Agreement is the entire agreement between you and Voipware and
supersedes any other communications or advertising with respect
to the Software, Site, and Service. If any provision of this Agreement
is held invalid, the remainder of this Agreement will continue in
full force and effect. Voipware's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. Voipware may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Should
you have any questions concerning this Agreement, or if you desire
to contact Voipware for any reason, please contact: support@Voipware.com.
|
 |
