By entering into this Agreement and using our VOIP Service, Customer acknowledges receiving, reading and being bound by this Customer Agreement (“Customer Agreement”) and all the terms and conditions herein. If Customer does not agree to these Conditions of Use, please refrain from using our VOIP Service. All Users are deemed to be bound by these terms and conditions, whether a registered Customer or otherwise. VoIPNow PBX reserves the right, at our discretion, to update or revise the Conditions of Use regarding the VOIP Service. Each time Customer logs in or otherwise accesses this site or use the VOIP Service following the posting of any changes to the Conditions of Use, Customer hereby accepts these changes regardless of whether Customer has checked or visited the Conditions of Use portion of the site. These Conditions of Use govern our relationship with you.
Customer is solely responsible for actions and the content of its transmissions through or in connection with the VOIP Service. Customer agrees:
(a) to abide by all applicable local, state, national, and international laws and regulations in your use of the VOIP Service;
(b) not to use the VOIP Service for illegal purposes;
(c) not to use or attempt to use another person’s or entity’s account, telephone number, VOIP Service, system or other Confidential Access Information without authorization from the owner;
(d) to comply with all laws regarding the transmission of voice or technical data (including all export laws, regulations, and restrictions of the United States);
(e) not to make unsolicited contact, stalk, threaten, or harass anyone through, in connection with, or utilizing any data collected through the VOIP Service;
(f) that VoIPNow PBX neither endorses the content of any of your communications nor assume any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the VOIP Service;
(g) not to interfere or disrupt networks connected to the VOIP Service or otherwise attempt to interfere with the proper function of the VOIP Service; and
(h) not to attempt to obtain unauthorized access or use of the VOIP Service or assist anyone to do so.
VoIPNow PBX, in its sole discretion may immediately terminate your access to the VOIP Service to this site should your conduct fail to conform to any provision of this Agreement.
For Business VOIP Service user, the VOIP Service is provided to Customer as an internal business tool. This means that Customer is not to resell or transfer the VOIP Service to any other person for any purpose, without express written permission from VoIPNow PBX. Customer agrees that the Business Plans do not confer the right to use the VOIP Service for auto-dialing, continuous or extensive call forwarding, call centers (incoming or outgoing), telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. VoIPNow PBX reserves the right to immediately terminate or modify the VOIP Service, if VoIPNow PBX determines, in its sole discretion, that Customer’s VOIP Service is being used for any of the activities mentioned above.
4. Termination/Upgrade/Downgrade of Service Plans
The VOIP Service is provided on a monthly basis and is paid in advance every month. The plan activation date is deemed the anniversary date. The selected plan will renew at the end of the term unless terminated by the customer. Notice of termination must be in writing via email to our email address of record sixty(60) days prior to the anniversary date. Plan fees will not be prorated and/or refunded for the termination month. A setup fee will be charged to reactivate plans that were previously terminated. Request to change an existing plan must be submitted at least sixty(60) days prior to the anniversary date. Requests to upgrade or downgrade a plan are not automatic and are subject to approval by VoIPNow PBX.
5. Return of Hardware and Related Equipment
Any and all telecommunications hardware or equipment that is provided to Customer to support the selected service must be returned to VoIPNow PBX upon termination, cessation or end of use of VoIPNow PBX’s services unless Customer has paid for the hardware or equipment (purchase, not rented). Customer grants VoIPNow PBX a license to enter Customer’s property to remove the hardware or equipment upon 24 hours written notice.
Customer is responsible for all return shipping charges for any hardware returned to VoIPNow PBX for any reason, including situations in which hardware is covered under warranty. If Customer has purchased or rented any hardware from us or we have otherwise provided Customer with any hardware and Customer is terminated for any reason, Customer hereby authorizes us to immediately bill the appropriate equipment return fees, as set forth below.
If Customer cancels VoIPNow PBX service within ninety (90) days from the date of rental of the hardware, Customer may (a) keep the hardware and pay the list price (b) return Customer hardware.
No returns are accepted after thirty (30) days from the date of purchase of the hardware. In addition, the following terms and charges apply to hardware returns:
- Customer agrees to pay all shipping and handling charges related to any hardware returns.
- All hardware must be fully functional, include all packaging, components, manuals, peripheral devices, and all other accessories that were originally shipped with the hardware. At our discretion, we may decline a Customer return or charge Customer the replacement cost for each missing item or for each item that we determine is damaged or not in good working condition.
- Before returning any hardware that has data in its memory, please transfer all files Customer wish to retain to another file source. Once the hardware is returned, Customer files cannot be recovered and Customer releases us of any liability for any lost, damaged, stolen or destroyed files, data, or other information.
6. Acceptable use of VOIP Services
In addition to Section Two on Conduct, Customer further understands and agrees that:
- Customer shall be solely liable for any transmissions sent and data stored, including the content of any transmission sent and data stored through the VOIP Services provided to Customer.
- Customer will abide by all applicable VoIPNow PBX policies, procedures, and agreements related to the VOIP Services found on our website www.VoIPNow PBXnetworks.com/legal.
- Customer shall not attempt to gain unauthorized access to the VOIP Services, other accounts, computer systems or networks connected to the VOIP Services, through password mining or any other means.
- Customer use of the VOIP Services is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising).
VoIPNow PBX reserves the right to add to, modify or amend this Authorized Use Policy at any time in its sole discretion. Continued use by Customer after any additions, modifications or amendment is posted on our website shall constitute both knowledge and acceptance of the revised terms.
7. Prohibited Use of VOIP Services
Customer shall not use the VOIP Services for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with VoIPNow PBX’s ability to provide high quality VOIP Services to other customers, prevents or restricts other customers from using the VOIP Services, or damages any VoIPNow PBX’s or other customers’ property. If VoIPNow PBX finds that Customer is using the VOIP Services for anything other than the permitted uses in this Agreement or for any of the prohibited uses in this Agreement, VoIPNow PBX may at its sole discretion immediately terminate Customer and charge Customer any applicable fees for the VOIP Services used plus damages caused by Customer’s improper use. Prohibited uses include, but are not limited to:
- Behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another’s privacy.
- Sending unsolicited messages or advertisements, including voicemail, SMS, or faxes (commercial or otherwise) (“spamming”), or otherwise sending bulk and/or junk voice mail, SMS, or faxes.
- Harvesting or otherwise collecting information about others, including email addresses, without their consent.
- Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.
- Creating a false Caller ID identity or forged SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the VOIP Services.
- Transmitting any material that may infringe, misappropriate, or otherwise violate the foreign or domestic intellectual property rights or other rights of third parties.
- Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the VOIP Services.
- Utilizing the VOIP Services in excess of what, in VoIPNow PBX’s sole discretion, would be expected of normal business use, including without limitation allowing more than one user to use a single VOIP line or using a single VOIP line in excess of what would be expected of a single user.
- Using the VOIP Services in any way that interferes with other customers’ and third parties’ use and enjoyment of the VOIP Services or use the VOIP Services in any manner which disrupts, prevents or restricts any other customer from using the VOIP Services.
- Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid this Use Policy.
Any Customer’s use of the VOIP Service or any other action that causes a disruption in the network integrity of VoIPNow PBX’s network or transmission facilities or equipment, or that of its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the VOIP Service and/or payment for damages relating to such conduct. The Customer understands that neither we nor our vendors are responsible for the content of the transmissions that may pass through the Internet and/or the VOIP Service. The Customer agrees that it will NOT use the VOIP Service in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. The Customer agrees and represents that it is using the VOIP Service for its own internal use only, and shall not resell the VOIP Service thereof. The VOIP Service is for the personal, residential and reasonable business use of the Customer only. Such use shall not include certain activities, including but not limited to any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with reasonable business use patterns.
8. Changes to the Agreement and VOIP Service
VoIPNow PBX may change the terms and conditions this Agreement from time to time and at its discretion without prior notice. VoIPNow PBX reserves the right to change, suspend or cancel the VOIP Service, temporarily or permanently, with or without notice to the Customer. VoIPNow PBX will not be liable to the Customer or any third party in the event that VoIPNow PBX exercises its right to modify or discontinue the VOIP Service.
9. Telephone Number Portability
VoIPNow PBX will use reasonable efforts to facilitate number transfers or port requests for Customer, provided that Customer comply with the necessary and specific procedures for porting between service providers. Number porting is defined and regulated by the Federal Communications Commission (FCC).
Customer acknowledges and understands that number porting depends on the cooperation of third parties outside of VoIPNow PBX’s control. Accordingly, Customer agrees that VoIPNow PBX will not be liable for the failure or delay of any third party to cooperate in the porting of any telephone number, or for the allegedly unauthorized porting of any telephone number by a third party.
VoIPNow PBX will work with third party carrier(s) who, on VoIPNow PBX’s behalf, can port telephone numbers in accordance with applicable Regulatory Rules and Industry Guidelines. VoIPNow PBX’s third-party carrier(s) require very specific and detailed information and requirements when completing a port request. Please be informed that Customer will be required to provide such detailed and specific information to complete a port request. For porting numbers into VoIPNow PBX’s service, contact us. For porting numbers out of VoIPNow PBX, have your new provider contact us. We will port your numbers even if you have outstanding invoices.
VoIPNow PBX does not guarantee requested telephone numbers will be available, that Customer existing provider will port Customer number, or that circumstances beyond VoIPNow PBX’s control will not prevent or delay a successful port of Customer number for the Services. Customer should not order any printed material, such as business cards or stationery, showing a telephone number, or issue any press releases or otherwise publicize any telephone number until that telephone number becomes active. VoIPNow PBX shall not be liable for reimbursement for any damages regarding number porting, in any manner whatsoever.
Customer understands and agrees that VoIPNow PBX may from time to time need to change the telephone or facsimile number assigned to Customer (due to an area code split or for any other reason). VoIPNow PBX shall not be liable for any damages (including consequential, special damages or other damages) to Customer in the event that it needs to assign Customer a new telephone or facsimile number.
The Customer is responsible for procuring and paying the costs for any software, hardware, or internet/broadband connection charges necessary to access, use, upgrade or disconnect the VOIP Service.
All paid services, whether new, renewal or recurring are prepaid.
Your initial use of the VOIP Service authorizes us to charge any credit card account number associated with your account on file with VoIPNow PBX, including any changed information given if the card expires or is replaced, or if Customer substitute a different card, for recurring charges. This authorization will remain valid until 30 days after receives your written notice terminating authority to charge your credit card. If a valid credit card is not on file, we will charge your bank account if that information is on account, or bill you. Invoices are due within twenty (20) days.
VoIPNow PBX may terminate your VOIP Service at any time in its sole discretion, if any charge to your credit card on file with us is declined or reversed, your credit card expires and you have not provided us with a valid replacement credit card or in case of any other non-payment of account charges. If a valid credit card is not on file, we will charge your bank account if that information is on account, or bill you. Invoices are due within twenty (20) days.
The VOIP Service user must provision us with a valid bank account and authorization for ACH transfer, or a valid credit card number (Visa, MasterCard, Discover, American Express or any other issuer then-accepted by VoIPNow PBX) when the VOIP Service is activated. VoIPNow PBX reserves the right to stop accepting credit cards from one or more issuers. If the card expires, Customer closes the account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, Customer must advise us immediately. Such billing charges will include monthly VOIP Service fees, applicable taxes and any other applicable charges. Monthly VOIP Service fees are charged in advance to your bank account or credit card, including but not limited to: monthly recurring charges. There will be a 3% surcharge added to all credit card payments.
Customer is responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the VOIP Service or a Device. Such amounts are in addition to payment for the VOIP Service or Devices and will be billed to your credit card as set forth in this Agreement.
15. Technical Support
VoIPNow PBX provides the Customer with technical support at its sole discretion and as limited to the VOIP Service and the Equipment provided hereunder. Technical support is rendered from our premises, as available, via phone and email. Support for other applications and uses is not provided or implied.
For any non-payment or misuse of the VOIP services, VoIPNow PBX reserves the right to, in its sole discretion, suspend or discontinue your access to all or part of the VOIP Service, with or without notice.
Customer agrees to defend, indemnify and hold harmless VoIPNow PBX, its directors, officers, shareholders, affiliates, agents, successors, assigns and vendors, from any claims or damages: (a) relating to a breach or violation of this Agreement; (b) Customer’s fault, negligence or intentional misconduct; or (c) unauthorized use or damage by another through theft or misuse of Customer’s access/security information. This indemnity is applicable regardless of the fault or negligence of VoIPNow PBX.
18. Emergency Calling Is Limited
YOU UNDERSTAND THAT 911 SERVICE IS ONLY PROVIDED BY VoIPNow PBX IP DESK PHONES AND YOU FUTHER UNDERSTAND THAT 911 SERVICE IS NOT PROVIDED OR AVAILABLE ON OTHER VoIPNow PBX SOFTWARE APPLICATIONS AND SERVICES (INCLUDING WITHOUT LIMITATION SOME SOFTPHONES). IF YOU SUBSCRIBE TO ONE OF THE OTHER VoIPNow PBX SOFTWARE APPLICATIONS OR SERVICES (OR YOUR SOFTPHONE DOES NOT PROVIDE E911), YOU MUST MAKE ALTERNATIVE ARRANGEMENTS TO PLACE 911 CALLS, SUCH AS USING A TRADITIONAL WIRELINE OR CELLULAR TELEPHONE, AND YOU SHOULD NOT RELY ON VoIPNow PBX TO CALL 911.
VOIP 911 service operates differently than traditional 911 service. We are required by the FCC to advise Customer of the circumstances under which 911 may not be available or may be in some way limited by comparison to traditional 911 service. Such circumstances include:
Internet Connection Failure. If the connection to the wired broadband Internet over which Customer is provided is interrupted, Customer would not have access to 911 Service during that interruption.
Number Flexibility & Service Portability. Traditional 911 service automatically sends your 911 call to the appropriate local emergency responder, or Public Safety Answering Point (“PSAP”), based on your telephone number. Traditional Enhanced 911 service (also known as E911) automatically sends Your 911 call to the appropriate PSAP along with your registered address and telephone number. Because the VoIPNow PBX VOIP Service permits Customer to obtain a telephone number that does not correspond to your geographic location (for example, Customer may obtain a VoIPNow PBX VOIP telephone number with a California area code even if Customer does not have a California address) and allows you to use VoIPNow PBX VOIP Service anywhere you have wired broadband Internet.
Because your address does not necessarily correspond with your telephone number, Customer must provide VoIPNow PBX with the street address(es) where Customer will be using VoIPNow PBX VOIP Service (“Registered Location(s)”) when Customer signs up for service.
If Customer relocates any equipment that Customer uses to access the VOIP Service, Customer must update Customer Registered Location(s). If Customer does not update Customer Registered Location(s), any 911 calls Customer make using the VOIP Service will be routed based on Customer previously provided Registered Location and therefore may not be routed to the appropriate PSAP for Customer new location. IN OTHER WORDS, YOUR 911 CALL WILL NOT BE ROUTED TO THE PROPER GOVERNMENTAL AUTHORITY and might be subject to a $500 fine.
In addition, because the VOIP Service will, where possible, automatically transmit Customer Registered Location to the PSAP, Customer must update Customer Registered Location to ensure that the VOIP Service transmits accurate location information to the PSAP.
Once Customers notify us of a change in Customer Registered Location, there will be a delay in making the new Registered Location available to properly route 911 calls and advise PSAPs of Customer new Registered Location.
In some parts of the country where direct routing to PSAPs is not available for VOIP 911 Service, the Service will route Customer calls to the National Emergency Call Center where trained agents will ask for the name, location, and telephone number of the person calling 911 and will contact the appropriate PSAP to send help. The call center will not automatically receive Customer address and telephone number. In these situations, public safety response times may be delayed. As a result, there may be an additional delay before emergency services arrive.
Loss of Electrical Power. Unless Customer has a backup system to power Customer wired broadband Internet connection and any equipment that Customer use to access Customer VOIP Service, Customer will not have phone service or 911 service during any power outage.
Registration of Physical Locations Required. As discussed above, Customer must register the Registered Location where Customer will be using VOIP service for each VOIP phone line Customer use from VoIPNow PBX (e.g., if Customer purchase VoIPNow PBX Office with three VOIP lines, Customer must provide a Registered Location for each of the three VOIP lines). VoIPNow PBX will obtain Customer Registered Location as part of the service initiation process and will not provide VOIP Service until Customer has provided Customer initial Registered Location. However, Customer must update Customer Registered Location when Customer uses Customer VOIP Service from a new location. Regardless of what address Customer register, in some circumstances, such as unavailability of direct routing to PSAPs or the use of portable devices to access the VOIP Service, emergency calls will be routed to the National Emergency Call Center.
Customer agrees to provide true, accurate, current, and complete Registered Location information to VoIPNow PBX as part of the service initiation process and to update as soon as possible Customer’s Registered Location with true, accurate, current, and complete information whenever Customer use Customer VOIP Service from a new location. If Customer provides Registered Location information that is, or that VoIPNow PBX suspects to be, false, inaccurate, not current, or incomplete, VoIPNow PBX has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. VoIPNow PBX will not, however, disable Customer’s ability to make a 911 call during any service suspension.
Customer may update Customer Registered Location by calling customer support at 888-972-8802. For purposes of 911 Dialing, Customer may only register one Registered Location for each VOIP line.
Notify All Users of 911 Limitations. Customer should inform all business colleagues, household residents, guests, and other persons who may be present at the physical location where Customer utilizes the VOIP Service that 911 may not be available or may be in some way limited in comparison to traditional 911 service. VoIPNow PBX might provide subscribers to VOIP services for which E911 service is provided stickers warning that “E911 Service May Be Limited or Not Available” for use with any VOIP equipment by mailing stickers to subscribers upon Service initiation. It is the Customer’s responsibility to place these stickers on the equipment Customer use to access VOIP Service. If Customer has not received a sticker, or Customer require additional 911 stickers, please contact customer support at 888-972-8802.
Disclaimer of 911 Liability. VoIPNow PBX disclaims all responsibility for the conduct of PSAPs, the National Emergency Call Center, and all other third parties involved in the provision of emergency response services. VoIPNow PBX does not have any control over PSAPs, the National Emergency Call Center, or other third parties and is therefore not responsible for whether they answer 911 calls made using the VOIP service, how they answer these calls, or how they handle or respond to these calls. VoIPNow PBX relies on third parties to assist it in the provision of 911 services and disclaims any and all liability for acts or omissions by third parties in the provision of VoIPNow PBX’s 911 service.
Operator Assisted Calling, 311, 511, and other X11 Calling. The VOIP Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900, or calling card calls). The VOIP Service may not support 311, 411, 511, and/or other X11 calling (other than 911 and 711 as specified in this Agreement) in one or more service areas.
19. Disclaimer of Liability and Indemnification.
Customer acknowledges and understands that VoIPNow PBX does not have any control over whether, or the manner in which, calls using our 911 Service are answered or addressed by any local emergency response center. VoIPNow PBX disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center.
Customer acknowledges and understands that VoIPNow PBX rely on third parties to route 911 Service calls to local emergency response centers and to a national emergency calling center. VoIPNow PBX disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither our VoIPNow PBX, nor its officers or employees, may be held liable for any claim, damage, or loss, and Customer hereby waive any and all such claims or causes of action, arising from or relating to our 911 Service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. Customer shall defend, indemnify, and hold harmless our VoIPNow PBX and or any of our subsidiaries, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney fees) by, or on behalf of, Customer or any third party relating to the absence, failure or outage of the Service, including 911 Service, incorrectly routed 911 Service calls, and/or the inability of any user of the Service to be able to use 911 Service or access emergency service personnel.
20. Disclaimer of Warranties and Limitation of Liability
To the full extent permissible by applicable law, VoIPNow PBX disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. VoIPNow PBX does not warrant that this site, its servers, the VOIP Service or e-mail sent from us are free of viruses or other harmful components. VoIPNow PBX will not be liable for any damages of any kind arising from the use of or inability to use this site, including, but not limited to direct, indirect, incidental, punitive, special, exemplary and consequential damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if VoIPNow PBX has been advised of the possibility of such damage. VoIPNow PBX makes no representations or warranties of any kind express or implied, as to the operation of this site and/or the VOIP Service or the information, content, materials, or products included on this site. VoIPNow PBX makes no warranty that:
(i) the VOIP Service will meet your requirements, even if disclosed to us in advance,
(ii) the VOIP Service will be uninterrupted, timely, secure, or error-free,
(iii the results that may be obtained from the use of VOIP Service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by Customer through VOIP Service will meet your expectations, and
(v) any errors in VOIP Service will be corrected.
VoIPNow PBX will not be liable for any direct, indirect, consequential, incidental or special damages, whether foreseeable or not, which may result from use or access to this site and/or the VOIP Service. Customer understands and agree that the use of this site and/or the VOIP Service is at your sole risk and discretion and is on an “as is” and “as available” basis. Customer also understands and agrees that Customer will be solely responsible for any damage resulting from use of the VOIP Service, including but not limited to damage to your computer system or loss of data.
21. No Consequential Damages
In no event shall VoIPNow PBX, its officers, directors, employees, affiliates, agents, successors, assigns or any other service provider who furnishes services to the Customer in connection with this Agreement or the VOIP Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the VOIP Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to all claims whether founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not VoIPNow PBX was informed of the likelihood of any particular type of damages.
22. Remedies for Breach of these Terms by Customer
In the event that VoIPNow PBX determines, at its sole discretion, that Customer has breached any portion of these Conditions of Use, or has otherwise demonstrated conduct inappropriate for our service, VoIPNow PBX reserves the right to (i) warn Customer via email that Customer has violated these Conditions of Use; (ii) delete any or all content provided by Customer or Customer agent(s) to this site, (iii) discontinue your access to the VOIP Service or site; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; (v) sue for damages; and/or (vi) any other action which VoIPNow PBX deem to be appropriate.
23. Governing Law
This Agreement is governed by the laws of the State of Texas without regard to its conflicts of law provisions. The Customer acknowledges and agrees that Texas courts have jurisdiction over this Agreement and customer, that Dallas County, Texas is the exclusive place for venue of any litigation, and that all litigation shall be in Dallas, Texas.
24. Copyrights and Trademarks
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of VoIPNow PBX or its content suppliers (the Intellectual Property) and protected by United States and international copyright laws. The compilation of all content utilized in providing the Service is the exclusive property of VoIPNow PBX and protected by U.S and international copyright laws. Customer may not post to this site, use the VOIP Service and/or copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer, any material subject to any Intellectual Property.
Except as provided herein, VoIPNow PBX will not sell to any third party your name, address, email address and Customer I.D., unless Customer provides informed consent, except to the extent necessary to comply with applicable laws, police investigations or in legal proceedings where such information is relevant. VoIPNow PBX grants third parties providing technical services to us access to our database only to the extent necessary to provide such technical services. In those instances, such third parties are bound by these Terms and Conditions. Your informed consent shall be in the form of an “opt in” or similar policy. In addition, VoIPNow PBX may assign, sell, license, or otherwise transfer to a third party its entire database, including your name, address, email address, and Customer I.D., in connection with an assignment, sale, joint venture, or other transfer or disposition of all or a significant portion of the assets or stock of VoIPNow PBX.
Customer is responsible for maintaining the confidentiality of your Confidential Access Information. Customer shall be responsible for all uses of your Confidential Access Information, whether or not authorized by Customer. Customer agrees to immediately notify us of any unauthorized use of your Confidential Access Information.
26. Linking to the Site
Customer may provide links only to our home page provided (a) Customer does not remove or obscure, by framing or otherwise, the copyright notice, content or other notices on this site, (b) Customer gives us prior written notice of such link via email, and (c) Customer discontinues providing links to this site if notified by VoIPNow PBX.
In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
The failure of any party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
VoIPNow PBX may assign its rights and obligations under this Agreement, and upon such assignment VoIPNow PBX may be relieved of any further obligation hereunder. This Agreement, and any modifications of this Agreement by VoIPNow PBX as provided above, constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of this Agreement will, at the election of VoIPNow PBX, be deleted or modified to correct the defect and, regardless, the remainder of the terms of this Agreement will remain valid and enforceable.
Under no circumstances will Customer participate as a member of a class action or a class representative in any class action litigation against VoIPNow PBX.
28. Consent to Receive Electronic Documents
By accessing this site and using the VOIP Service, Customer is agreeing to receive electronic documents, billing reports, statements and records (electronic records) in lieu of paper documents, statements and records from us. Your electronic records may be emailed to Customer to the email account that Customer provides to us, accessed through our site using your Confidential Access Information or otherwise electronically provided to Customer. By accessing this site and using the VOIP Service, Customer is also agreeing to the use of electronic signatures in lieu of (and in addition to) wet-ink, physical signatures. This consent applies to all electronic records that VoIPNow PBX may send Customer. If Customer changes the email address to receive electronic records, Customer must notify us of the new email address by sending an email or written letter to our address of record.
By utilizing our Service, Customer represents to VoIPNow PBX that Customer has the authority and capacity to understands and agree to these Conditions of Use. Customer further acknowledges that these Conditions of Use (a) have been read and understood; (b) are reasonable; (c) have been accepted; and (d) are intended to have the force and effect as a signed agreement.