Terms of Service This agreement ("Agreement") is between PBX.NET Corporation doing business as PBX.NET ("we," "us" or "PBX.NET") and the user ("you," "user" or "Customer") of PBX.NET's enhanced communications services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. 1. PURCHASE 1.1 Purchaser's Responsibility Purchaser is responsible for any fees, duties or charges that may be imposed by their country or it's agents in the process of delivering the Internet phone to the purchaser. 2. SERVICE 2.1 Term Service is offered on a monthly basis for a term which begins on the date that PBX.NET activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give PBX.NET written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation unbilled charges, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement. 2.2.1 Residential Use of Service and Device If you have subscribed to PBX.NET's Residential services, the Service and Device are provided to you as a residential user, for your personal, residential, 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 or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from PBX.NET in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay PBX.NET'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. PBX.NET reserves the right to immediately terminate or modify the Service, if PBX.NET determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use. 2.2.2 Small Business Use of Service and Device - Prohibition on Resale If you have subscribed to PBX.NET's Small Business services, the Service and Device are provided to you as a small business user. This means that you are not to resell or transfer the service or device to any other person for any purpose, without express written permission from PBX.NET in advance. You agree that the PBX.NET 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. PBX.NET reserves the right to immediately terminate or modify the Service, if PBX.NET determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities. 2.3 Lawful Use of Service and Device 2.3.1 Prohibited Uses: You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in PBX.NET's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. PBX.NET reserves the right to terminate your service immediately and without advance notice if PBX.NET, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless PBX.NET against any and all liability for any such use that fails to comply with this Section 1.3.1. If PBX.NET, in its sole discretion believes that you have violated the above restrictions, PBX.NET may forward the objectionable material, as well as your communications with PBX.NET and your personally identifiable information to the appropriate authorities for investigation and prosecution. 2.3.2 Use of Service and Device by Customers Outside the United States While we encourage use of the Service around the world, if you use the Service outside the United States, you do so at your own risk, including the risk that such activity may violate local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you. 2.4 Loss of Service Due to Power Failure or Internet Access Failure You acknowledge and understand that the Service does not function in the event of power failure or Internet access failures, including the inconsistent availability of bandwidth. Should there be an interruption in the power supply or in your access to the Internet, the Service will not function until power and access to the Internet is restored. A power or Internet access failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power or Internet access disruptions or failures will also prevent dialing to emergency service numbers including the 911 calling feature. 2.5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on PBX.NET's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of PBX.NET are and shall remain the exclusive property of PBX.NET and nothing in this Agreement shall grant you the right or license to use such Marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. 2.6 Tampering with the Device You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from PBX.NET in each instance. PBX.NET reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. 2.7 Theft of Service You agree to notify PBX.NET immediately, in writing or by calling the PBX.NET customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service. 2.8 Number Transfer on Service Termination PBX.NET may, solely at the Company's discretion, release the telephone number that was ported in to PBX.NET by you and used in connection with your Service provisioned by PBX.NET to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; and (ii) your PBX.NET account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account. 2.9 Service Distinctions You acknowledge and understand that the Service is not a traditional telephone service. Important distinctions exist between traditional telephone service and the enhanced Service offering provided by PBX.NET. The Service is subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies. 3. EMERGENCY SERVICES- 911 DIALING 3.1 Non-Availability of Traditional 911 or E911 Dialing Service: You acknowledge and understand that the Service does NOT support traditional 911 or E911 access to emergency services. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service as to the non-availability of traditional 911 or E911 dialing from your PBX.NET Service and Device(s). 3.2 Limitation of Liability and Indemnification You acknowledge and understand that the Company's liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless PBX.NET, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial 911 or to access emergency service personnel. 4. CHANGES TO THIS AGREEMENT PBX.NET may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on the PBX.NET website. The Agreement posted supersedes all previously agreed to electronic and written Terms of Service. 5. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION 5.1 Billing You must give us a valid credit card number when the Service is activated. If the card expires, you close your account or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise PBX.NET at once. All monthly Service fees and activation fees are billed monthly in advance of the next month's service. We will bill all additional charges on a monthly basis to your credit card, including but not limited to: local, long distance and international usage charges, advanced feature charges, equipment purchases and shipping and handling charges. PBX.NET reserves the right to bill at more frequent intervals if the amount due at any time exceeds $50. 5.2 Billing Disputes You must notify PBX.NET within 7 days after receiving your credit card statement if you dispute any PBX.NET charges on that statement or such dispute will be deemed waived. Billing disputes should be directed to PBX.NET as follows: PBX.NET Corporation 37424 Hills Tech Drive, Farmington Hills, Michigan 48331 Attention : Customer Billing Department or billing@pbx.net or by calling the customer service phone number posted on our website. 5.3 Payment PBX.NET only accepts payments by credit card. Your initial use of the Service authorizes PBX.NET to charge the credit card account number on file with PBX.NET, including any changed information given PBX.NET if the card expires or is replaced, for PBX.NET charges that accrue during the billing cycle. This authorization will remain valid until 30 days after PBX.NET receives your written notice terminating PBX.NET's authority to charge your credit card. PBX.NET may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with PBX.NET is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to PBX.NET for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by PBX.NET owing to your non-payment, such as (but not limited to) collection costs and attorney's fees. 5.4 Termination/Discontinuance of Service PBX.NET reserves the right to suspend or discontinue providing the Service, or to terminate your Service, at any time in its sole discretion. If PBX.NET discontinues providing the Service, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. 5.5 Taxes Customer is responsible for, and shall pay any applicable federal, state, 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 Customer's subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your account. If Customer is exempt from payment of such taxes, it will provide PBX.NET with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date PBX.NET receives the Tax Exempt Document. 5.6 Money Back Guarantee PBX.NET offers a 30-day money back guarantee, applicable to one line per account, not additional or secondary lines. Under terms of the Money-Back Guarantee, PBX.NET refunds the activation fee, first month of service, shipping charges and waives the disconnect fee. PBX.NET reserves the right to terminate or revoke the Money-Back Guarantee at any time, without prior notice. User must cancel service within 30 days of the account activation. Equipment must be returned within 30 days. Usage must not exceed 250 minutes within the first 3- days of service. User is responsible for any charges for overage, international traffic or directory assistance. Accounts exceeding 250 minutes of usage are not eligible for refund. All returned equipment must be in the original packaging with the UPC or bar code intact. All components, manuals and registration card(s) must be included. Equipment must be returned with a valid return authorization number obtained from PBX.NET Customer Care. User is responsible for return shipping of equipment. The money back guarantee will not be honored if user fails to meet all above requirements. To obtain a return authorization number, user must contact service@pbx.net or by calling the customer service phone number posted on our website. 6. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATIONN 6.1 Limitation of Liability PBX.NET shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: Act or omission of an underlying carrier, service provider, vendor or other third party; Equipment, network or facility failure; Equipment, network or facility upgrade or modification; Force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions; Equipment, network or facility shortage; Equipment or facility relocation; Service, equipment, network or facility failure caused by the loss of power or Internet access to Customer; or Any other cause that is beyond PBX.NET's control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed , including 911 dialing, or degradation of voice quality. PBX.NET's liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period. 6.2 No Consequential Damages In no event shall PBX.NET, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any 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 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 claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not PBX.NET was informed of the likelihood of any particular type of damages. 6.3 Indemnification Customer agrees to defend, indemnify, and hold harmless PBX.NET, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, including 911 dialing, or the Device. This paragraph shall survive termination of this Agreement. 6.4 No Warranties on Service PBX.NET makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. PBX.NET does not warrant that the Service will be without Service failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. Neither PBX.NET nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to PBX.NET's or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of PBX.NET's or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Device, if any, by PBX.NET or PBX.NET's agents or installers are informational and are not given as a warranty of any kind. 6.5 No Warranties, or Limited Warranties, for Devices If Customer purchased the Device new from PBX.NET and the Device included a one-year limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from PBX.NET at the time of purchase, Customer agrees that it accepts its Device "as is" and that Customer is not entitled to replacement or refund in the event of any defect. 6.6 No Third Party Beneficiaries No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights. 6.7 Content You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that Your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. PBX.NET reserves the right to terminate or suspend affected Services, and/or remove Your or Users' content from the Services, if PBX.NET determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with PBX.NET's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. PBX.NET's actions or inaction under this Section shall not constitute review or approval of Your or Users' use or Content. You will indemnify and hold PBX.NET harmless against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you. 7. GOVERNING LAW / RESOLUTION OF DISPUTES 7.1 Mandatory Arbitration Any dispute or claim between Customer and PBX.NET arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial. 7.2 Governing Law The Agreement and the relationship between you and PBX.NET shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and PBX.NET agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Oakland, Michigan. The failure of PBX.NET to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. 7.3 Entire Agreement This Agreement and the rates for Services found on PBX.NET's website constitute the entire agreement between you and PBX.NET and govern your use of the Service, superseding any prior agreements between you and PBX.NET and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon PBX.NET unless and until posted in accordance with Section 3 hereof. 7.4 Severability If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement 8. PRIVACY PBX.NET Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. PBX.NET is not liable for any lack of privacy that may be experienced with regard to the Service. Please refer to our Privacy Policy at www.pbx.net for additional information. 9. CHANGES; NOTICES Notice to Customer of any changes to the "Terms of Service" shall be considered given by posting to the "Service Announcements" section of the PBX.NET Web Site. Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the PBX.NET Web Site and no further notice by PBX.NET is required. Last Updated: 09/01/10.
VIDEOMEETING .BIZ - A Service of PBX.NET Corporation.
END USER LICENSE AGREEMENT "EULA"
This is the license agreement ("End User License Agreement" or "EULA" or
"Agreement") which states the Terms and conditions for Services and
Products provided through or in connection with VIDEOMEETING.BIZ and/or PBX.NET.
"PBX.NET" is defined as the PBX.NET Corporation, a Michigan corporation &/or
its "contractors and subcontractors",which are defined as any supplier,
independent agent, or reseller of VIDEOMEETING.BIZ and/or PBX.NET's services.
Before you may use the Products of VIDEOMEETING.BIZ, as
well as the Services of VIDEOMEETING.BIZ, you must read, agree to, and accept
all of the terms and conditions of this agreement and of information which
is incorporated in this Agreement by reference. If you do not agree to be
bound by all of these terms and conditions, including those expressly
incorporated by reference, then do not use VIDEOMEETING.BIZ's Products, or the
Services of VIDEOMEETING.BIZ and/or PBX.NET.
1. PARTIES TO THIS CONTRACT
VIDEOMEETING.BIZ and/or PBX.NET, is the party with whom you are contracting. VIDEOMEETING .BIZ
sometimes is referred to as "VIDEOMEETING or PBX.NET" or "VM" or "PBX" or "we" or "us" or "our" in this
Agreement, except as is otherwise expressly stated in particular sections.
"You" means the Licensee(s) under this Enterprise User's License Agreement
as expressly identified in the signature blocks at the end of this
Agreement. "Your Users" means any person who uses the Services and
Products provided through or in connection with VIDEOMEETING and/or PBX.NET and/or PBX.NET and this
Product License to You from VIDEOMEETING and/or PBX.NET, You and Your Users include without
limitation a "User" or a "Participant" (in a Hosted Session). "Your Users"
or "Your User's" refers to all people who, through the use of your VIDEO-
MEETING Product License, use, or continue to use VIDEOMEETING and/or PBX.NET's Products,
Services, Network Servers and Products that you are licensing under this
agreement, whether or not you have authorized such use of Your License.
That is, You are fully responsible for all uses of Your License, whether
or not you have intentionally authorized such use, and you shall be
legally responsible for all use of Your License. You agree that this is an
agreement between independent contractors, and it is not a joint venture,
partnership, employer-employee, agent-principal, trustee-beneficiary, or
franchisor-franchisee relationship between You and VIDEOMEETING and/or PBX.NET. Neither you
nor VIDEOMEETING and/or PBX.NET is authorized to bind the other to any contract. You agree
that all payments, if any, by You to VIDEOMEETING and/or PBX.NET represent fair value for
goods and services rendered to you and no such payment by you to VIDEOMEETING shall be,
or shall be deemed a franchise fee. You do not receive any franchise rights whatsoever.
As is provided in Section 17 below, Your Users shall be deemed limited,
non-exclusive, sub-licensees acting under this license, but Your Users
shall be restricted solely to end-user status. Your Users shall not have
User status. You do not have any power or authority to sub-license your
User status and any attempt to do so shall be void. You shall
affirmatively require that Your Users expressly give prior written assent
to a Terms of Service Agreement between You and Your Users (" Your TOS"),
which includes but is not limited to privacy controls and disclosures,
that comply with all the requirements of applicable law to ensure that You
and Your Users do not make unlawful use of VM's Products, VM's Products
and Services and VM's .
You shall be solely and exclusively responsible, and VM and VM's
contractors and subcontractors shall have absolutely no responsibility,
for information and communication content which passes through or is
stored on computers of You , your contractors and subcontractors, and Your
Users via Your use of the VM Product and other VM Products and
Services.
2. SERVICES AND PRODUCTS OF VIDEOMEETING and/or PBX.NET.
This Agreement states the terms and conditions upon which Services and
Products are offered to you by VM through its Products, as well as
through internal networking Servers and Services of VM and of service
providers with whom VM has contracted or subcontracted for services that
are provided to you by VM. In this Agreement, "VM Services and Products"
will refer to VIDEOMEETING and/or PBX.NET's Products, Services, Network Servers
and VIDEOMEETING's Product and those of VM's contractors and subcontractors.
3. ACCOUNT; SECURITY; USER IDs; PASSWORDS.
"Your Communications Channels and Bandwidth" shall mean communication
channels and communications bandwidth that you provide for Yourself and
Your Users on computer servers that You or your suppliers own or control,
where such communications channels and bandwidth do not pass through the
computer servers of VM or VM's contractors and subcontractors (except
for accidental or coincidental events which might arise from the nature of
the Internet packet switching technology).
The VM Product is designed to enable You and Your Users to make limited
utilization of VM servers for account setup, maintenance, conference
initiation, User/Host verification and reporting, payment, and related
administrative functions but where the principal communications of You and
Your Users employ "Your Communications Channels and Bandwidth" on servers
owned or controlled by You rather than servers of VM and its contractors
and subcontractors.
So long as this license is in effect, You authorize and permit, and You
shall require Your Users to authorize and permit, VM and VM's
contractors and subcontractors to store User IDs, Passwords, E-mail
Addresses, and other Demographic Data of You and Your Users, on a server
owned or controlled by VM or contracted for service to VM, where that
information comes to VM and VM's contractors and subcontractors via use
of your Product License, . This information is stored by VM and its
contractors and subcontractors in order to facilitate account setup,
maintenance, conference initiation, User/Host verification and reporting,
and related functions.
You are entirely responsible for activities conducted by You and by Your
Users, including preservation and protection of the confidentiality of the
User IDs, passwords, and account information of You and Your Users which
comes into possession of You and Your Users.
The Privacy Policy which VM posts from time to time on VM's web site
shall be applied to the information of You and Your Users. You shall so
inform Your Users in writing and obtain their affirmative assent to the
Privacy Policy of VM. VIDEOMEETING and/or PBX.NET will treat as
Your confidential business information all of the information of You and
Your Users which is received and stored on servers of VM via Your use
of your VM Users License and VM will require that VM's contractors and
contractors also do so. This confidentiality shall not apply if and to the
extent that VM obtains some or all of the same information with respect to
You or any of Your Users independently of You and without violation by VM
of any duty to You.You agree that you shall contact VM in writing
(which may be by email to info@VIDEOMEETING.biz ) if there is any
unauthorized use of an account or password of You or of any of Your Users
or any other security breach.VM shall not be liable for any cost, loss, damage
or liability which arises or is alleged to arise from Your failure to comply with this section."
4. ELIGIBILITY.
VIDEOMEETING and/or PBX.NET makes its Products, Services, Network Servers
and Products available only to persons who are capable under the applicable law of
forming valid contracts. By using the VM Services and Products, You
represent and warrant that the You and Your Users may lawfully enter into
this agreement and that you and they have lawful authority to bind
yourself and themselves to the terms and conditions of this User
Agreement. Furthermore, by entering into this User Agreement, you agree to
abide by all laws as they pertain to the use of VM Services and Products,
including but not limited to age requirements and legal competency. Where
this License Agreement is signed by one or more natural persons on behalf
of a legal entity, each of such natural persons represents and warrants
that such natural person has lawful authority to bind that legal entity to
the terms and conditions of this Agreement and that such legal entity has
the lawful power and authority to enter into and perform this agreement.
"Legal Entity" shall mean a corporation, partnership, limited liability
company, unincorporated association, cooperative, trust, proprietorship,
or any other form of doing business which is recognized as having legal
existence under the applicable laws.
5. EFFECTIVE DATE; TERM OF DURATION.
This Agreement takes effect immediately. This Agreement applies to You,
Your Users and all Third Parties who, through the use of your VIDEOMEETING
and/or PBX.NET Enterprise Product, use, or continue to use VM Services and Products.
The initial term of duration of this Agreement shall be twelve months.
This Agreement shall automatically renew for a like term of duration if
not terminated by You or VM.
6. AMENDED TERMS AND CONDITIONS.
We reserve the right to change the terms and conditions of this Agreement
from time to time by notifying You or Your Users of such changes in
writing or by posting on the VM website which You or Your Users use to
access VM Products and Services, or by other electronic notification to
You. Such changes shall be made where they are necessary to keep this
Agreement and VM Services and Products in compliance with the laws of the
United States and other jurisdictions in which VM Services and Products
are being used, and may be made in such other circumstances as We from
time to time may elect (but any such changes not compelled by applicable
law shall only take effect after you have been given written notice of
such changes) . You agree that your subsequent use or continued use of VM
Services and Products, on or after the date posted changes take effect
constitutes your consent to the amended terms and conditions.
7. TERMINATION OF THIS AGREEMENT.
VIDEOMEETING and/or PBX.NET may terminate this Agreement for cause at
any time, and breach of this Agreement by You shall constitute such cause.
You may terminate this Agreement only by giving written notice of
termination to VIDEOMEETING and/or PBX.NET and ceasing all further use of
VM Services and Products. If you decide after you have entered into this
Agreement that you no longer wish to agree with any term or condition of this
Agreement, as it may be amended from time to time, then your only remedy is to
terminate this Agreement by written notice, to cease use, and to refrain
from further use of VM Services and Products. In that event VM shall be
entitled to keep all payments for services you have made, and you shall
remain liable to pay, and shall pay, for all services that You and Your
Users have made of VM Products and Services
If you terminate this Agreement then you must cease all use of, and remove
from your computer(s), any software associated with VM Services and
Products; and you must destroy any copies of such software, except only
that you shall not destroy matter which is reasonably likely to be or to
become material evidence in judicial or arbitration proceedings.
Following termination of this Agreement, this Agreement will survive for
the limited purpose of governing rights, obligations and responsibilities
which arise from events and transactions that occurred prior to such
termination; but no right will survive for continued or future use of VM
Services and Products. For example, if you incur charges, liabilities, or
obligations to VIDEOMEETING and/or PBX.NET which have not yet been paid or discharged at
the time you terminate, then you remain obligated to pay such charges and
to discharge such liabilities and obligations after you terminate. As a
further example, your obligations to respect our copyrights, trademarks,
and other intellectual property continue after termination.
If you give written notice of termination, but continue or resume use of
VM Services and Products, then VIDEOMEETING and/or PBX.NET may elect in its sole
discretion to deem your termination to be ineffective, but VM retains its
rights to immediately terminate, block or restrict without notice your use
and Your User's Use.
8. YOUR USER'S INFORMATION; YOUR INFORMATION.
To use VM Products and Services the computers of You and Your Users
necessarily must supply information to access, register and use VM
Services and Products. This applies to You and to all of Your Users as
well, who, through the use of your VIDEOMEETING and/or PBX.NET Enterprise Product License,
use, or continue to use VM Services and Products. You and Your Users may
choose, or your computers may automatically function, to send information
to us or to our contractors or subcontractors, or exchange it with us and
others during the course of your use of VM Services and Products. You and
Your User's Information (also called "Your Information") is defined for
the purposes of this Agreement to mean the content and the form of any and
all information which you or Your User's computers provide to us, or cause
or permit other persons to transmit to us, in connection with use of the
VM Product.
This information may include names, email addresses, logins, passwords,
Internet Protocol (IP) addresses, and other information required by VM to
provide Services and Products covered in this Agreement. You as Licensee
have sole responsibility to verify the accuracy of Your Information and of
Your User's Information.
9. COMMUNICATION CONTENT.
"Communication Content" means the content and form of any information that
You or your Users receive, access, take or otherwise obtain that
originated from, was sent from, or was posted by any third party in any
manner through use of VM Services and Products, including without
limitation, use of Your License on computer servers owned or controlled by
You. "Third party" means any person not affiliated with VIDEOMEETING and/or PBX.NET. You
and Your Users are solely responsible for the accuracy, lawfulness, risks
and use of the Communication Content. VIDEOMEETING and/or PBX.NET does not monitor, select
or modify Communication Content, other than the limited information
transmitted in Your utilization of VM servers for account setup,
maintenance, conference initiation, User/Host verification and reporting,
and related administrative functions. "Third party" means any person not
affiliated with VIDEOMEETING and/or PBX.NET or with You. It is contemplated that most
"Communication Content" of You and Your Users will be transmitted via Your
Communications Channels and Bandwidth, except for the limited
communications with the computer servers of VM and VM's contractors and
subcontractors for such administrative functions
10. LICENSE GRANTED BY VM TO YOU FOR YOUR USE OF VM SYSTEMS & SOFTWARE.
Through this Agreement, VIDEOMEETING and/or PBX.NET grants you a license to use VM
Services and Products, specifically its Product, allowing a limited number
of Users to simultaneously participate in Hosted Sessions (concurrent
users). The maximum numbers of concurrent Users is fixed based on separate
usage level agreements between You and VIDEOMEETING and/or PBX.NET. The initial usage level
is 50 total concurrent Users. The Status conferred upon You by this
License is non-sublicensable and non-transferable by you, either directly
or indirectly. You may sublicense rights under this Agreement to Your
Users solely for limited end user purposes as Hosts or Participants in
communications using Your Communications Channels and Bandwidth, but You
do not receive any license authorizing you to, and you shall not,
otherwise assign, sublicense, distribute, or redistribute VM Services and
Products, our systems, or our software. You shall not in any circumstances
compile, decompile, copy, modify, or reverse engineer the VM Services and
Products, our systems, or our software.
11. YOU WARRANT YOUR AUTHORITY FOR USE OF YOUR INFORMATION.
You represent and warrant to VIDEOMEETING and/or PBX.NET that you have full authority to
disclose and use Your Information without violating the rights of any
other party, and You shall require Your Users to provide this same
representation and warranty. If you do not have full authority with
respect to any information, then do not supply it and do not use it as
part of Your Information, and similarly so instruct Your Users . YOU ARE
WARNED AND URGED, AND YOU SHALL INSTRUCT YOUR USERS, TO USE PRUDENCE AND
CAUTION TO LIMIT ANY INFORMATION YOU OR YOUR USERS PERMIT TO BE
TRANSMITTED OR RECEIVED ON THE INTERNET BECAUSE THE INTERNET IS FORMED OF
INNUMERABLE COMPUTERS CONTROLLED BY INNUMERABLE PERSONS OTHER THAN VIDEO
MEETING. NO PRIVACY OR SECURITY SYSTEMS OR METHODS ARE FOOLPROOF, AND THUS
ANY EXPOSURE OF YOUR INFORMATION OR YOUR USERS' INFORMATION TO THE
INTERNET CREATES INHERENT RISKS OF DISCLOSURE TO UNAUTHORIZED PERSONS. VIDEO
MEETING will make reasonable efforts to maintain your information and the
information of Your Users according to the VIDEOMEETING and/or PBX.NET Privacy Policy but
it is neither theoretically possible nor financially feasible to
absolutely prevent any loss of privacy or security concerning Your
Information or Your Users' Information. BY USING VM SERVICES AND
PRODUCTS, INCLUDING WITHOUT LIMITATION THE VM PRODUCT, YOU ACKNOWLEDGE
AND ACCEPT THESE RISKS AND YOU SHALL REQUIRE THAT YOUR USERS SIMILARLY
ACKNOWLEDGE AND ACCEPT THESE RISKS.
12. PROHIBITED AND RESTRICTED ACTIONS.
12.1. Unlawful Activities. You agree that you shall not do, and You shall
not suffer Your Users to do, any of the following in connection with your
use or their use of VM Services and Products, or Your Information or Your
Users' Information:
(a) violate any law, statute, regulation, or rule having the force of law;
this includes without limitation, laws concerning anti-terrorism, money
laundering, export control, investment securities, consumer protection,
unfair competition, anti-discrimination, false advertising, gambling,
wagering, eavesdropping, communication interception, child abuse, elder
abuse, "hate" crimes, obscenity, pornography, and insider trading;
(b) make any false, materially misleading, or fraudulent statements or
communications to us or to any other person;
(c) engage in fraudulent or otherwise unlawful transactions;
(d) sell or otherwise transfer counterfeit or stolen items or materials;
(e) infringe any copyright, trademark, patent, or other intellectual
property of VIDEOMEETING and/or PBX.NET or of any third party, nor misappropriate or
disclose trade secrets or other proprietary rights without the consent of
the owner, nor violate the privacy rights of any person;
(f) engage in defamation, slander, unlawfully harassing, hateful, or
threatening activity;
(g) engage in or communicate unlawful obscenity or pornography, or
child-harming activity (and you agree that you shall not transmit, post,
email, forward, or otherwise use or traffic in material which is lawfully
suitable only for adults except in areas and channels of communication
that are restricted to Mature Audiences and to which only persons for whom
such material is suitable will be given access);
(h) engage in, pass on or transmit any Ponzi or pyramid scheme;
(i) "stalk" or harass any other person;
(j) if you are accessing or using VM Services and Products in any nation,
state or other jurisdiction which restricts such access or usage, then you
shall abide by the laws of that place and refrain from any access or use
as required by the laws of the applicable jurisdiction and you shall not
aid or abet any other person to engage in any activity which is unlawful,
or which is constrained or restricted by this Agreement; and you shall not
contribute to any such misconduct of any other person.
12.2. Improper , Illegal and Abusive Computer and System Functions. You
agree that you shall not:
(a) interfere with, impair or degrade any functions of VIDEOMEETING and/or PBX.NET or its
Services and Products;
(b) create or purport to create liability for VIDEOMEETING and/or PBX.NET;
(c) interfere with the performance by VIDEOMEETING and/or PBX.NET's employees of their
duties;
(d) create or impose an unreasonable load on VIDEOMEETING and/or PBX.NET or its services,
functions or infrastructure;
(e) employ any automatic data-mining or search engine, including without
limitation any robot, spider, scraper, or similar means to access VM
Services and Products without the express, prior written consent of an
authorized officer of VIDEOMEETING and/or PBX.NET;
(f) bypass security measures or constraints which VIDEOMEETING and/or PBX.NET have created
to restrict access to or use of its systems and its data;
(g) transmit any material that constitutes or contains any harmful
computer code, including without limitation, any computer virus, Trojan
horse, worm, time bomb, denial of service, cancelbot, easter egg, or other
computer codes or methods which are harmful to, unlawfully detract from
the function or performance of, expropriate, misappropriate, or misuse VIDEO-
MEETING's computers, software, systems or infrastructure, or those of any
other person; "transmit" includes without limitation to upload, post,
email or otherwise make available;
(h) copy, modify, create derivative works from, reverse-engineer,
decompile, duplicate, distribute, or publicly display any matter obtained
from VIDEOMEETING and/or PBX.NET or its Services and Products, or from any other person by
use of VM Services and Products, without the express prior written
consent of VIDEOMEETING and/or PBX.NET or other person owning rights in such matter.
13. COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY.
We respect the copyright and other intellectual property of other persons.
We ask that you also respect intellectual property rights. In appropriate
cases we may exercise discretion to limit, terminate or disable the
accounts of You or Your Users who are identified as repeat infringers, or
to remove or disable access to infringing material. You do not receive any
license to use any copyright or other intellectual property of VIDEOMEETING and/or PBX.NET
except as otherwise is expressly granted herein; no such license shall be
implied which is not expressly granted herein.
13.1. Copyrights.
Copyright © VIDEOMEETING.BIZ /PBX.NET Corproation 2010. All rights reserved.
13.2. Trademarks.
The following are trademarks of VIDEOMEETING.BIZ:
"VIDEOMEETING.BIZ and/or PBX.NET","VIDEOMEETING and/or PBX.NET",and "VM".
14. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE AS FOLLOWS:
NO WARRANTY. VIDEOMEETING and/or PBX.NET, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS PROVIDE
VM SERVICES AND PRODUCTS "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS OR IMPLIED OR STATUTORY. WITHOUT LIMITING
THE BREADTH OF THE FOREGOING SENTENCE, WE EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
FOR THE PURPOSES OF THIS SECTION, "VIDEOMEETING and/or PBX.NET, ITS AFFILIATES, SUPPLIERS
AND CONTRACTORS" IS INTENDED TO INCLUDE, WITHOUT LIMITATION, VIDEO MEETING,
OUR LIMITED LIABILITY COMPANY MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS,
THE SUPPLIERS OF OUR WEB SITES, OUR INTERNET SERVICE PROVIDERS ("ISPs"),
OUR OTHER TECHNICAL AND SERVICE PROVIDERS, OUR RESELLERS, AND ANY PERSONS
WHO MAY BE OR BE DEEMED OUR PARTNERS, JOINT VENTURERS, OR PRINCIPALS, EACH
AND ALL OF WHOM SHALL BE EXPRESS THIRD PARTY BENEFICIARIES OF THESE
DISCLAIMERS OF WARRANTY.
Some states do not allow the disclaimer of implied warranties in some
circumstances, so if the laws of such a state apply to your dealings with
us and if the requisite circumstances exist in your case, then some
portion or all of the foregoing disclaimer may not apply to you. The law
of warranty varies from state to state and the law applicable in your
particular case may give you specific legal rights.
15. LIMITATIONS AND EXCLUSIONS OF DAMAGES.
IN NO EVENT SHALL VIDEOMEETING and/or PBX.NET, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS BE
LIABLE FOR ANY OF THE FOLLOWING KINDS OF DAMAGES: LOST PROFITS, LOST GOOD
WILL, BUSINESS INTERRUPTION; OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL , OR EXEMPLARY DAMAGES ARISING, OR ALLEGED TO ARISE, OUT OF
OR IN CONNECTION WITH OUR SITE, OUR PRODUCTS AND SERVICES, OR THIS
AGREEMENT.
WITHOUT LIMITING THE BREADTH OF THE KINDS OF DAMAGES EXCLUDED BY THE
PRECEDING SENTENCE, VIDEO MEETING, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS
SHALL NOT BE LIABLE FOR ANY OF THE FOREGOING KINDS OF DAMAGES ARISING OR
RESULTING FROM: (a) ANY USE OR INABILITY TO USE VM SERVICES AND PRODUCTS;
(b) ANY COST OF ACQUIRING SUBSTITUTE GOODS AND SERVICES; (c) ANY
UNAUTHORIZED ACCESS TO, DEGRADATION OF, OR ALTERATION OF THE CONTENTS OF
TRANSMISSIONS OF YOU OR ANY THIRD PARTY; (d) ANY CONDUCT OR COMMUNICATIONS
OF ANY THIRD PARTY BY USE OF VM SERVICES AND PRODUCTS; OR (e) ANY OTHER
MATTER OR CIRCUMSTANCE RELATED TO VM SERVICES AND PRODUCTS.
IN ANY CIRCUMSTANCE WHERE VIDEO MEETING, ITS AFFILIATES, SUPPLIERS AND
CONTRACTORS MAY HAVE LIABILITY TO YOU THAT IS NOT EXCLUDED BY THE
FOREGOING, THEN ANY SUCH LIABILITY TO YOU AND TO ANY THIRD PARTY IS
LIMITED IN AMOUNT TO THE GREATER OF (A) ONE HUNDRED DOLLARS ($100), AND
(B) THE AMOUNT OF FEES (IF ANY) YOU HAVE PAID TO US IN THE NINETY (90)
DAYS IMMEDIATELY PRIOR TO THE EVENTS ALLEGEDLY GIVING RISE TO THE CLAIMED
LIABILITY.
FOR THE PURPOSES OF THIS SECTION "VIDEO MEETING, ITS AFFILIATES, SUPPLIERS
AND CONTRACTORS" IS INTENDED TO INCLUDE, WITHOUT LIMITATION, VIDEO MEETING,
OUR LIMITED LIABILITY COMPANY MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS,
THE SUPPLIERS OF OUR WEB SITES, OUR INTERNET SERVICE PROVIDERS ("ISPs"),
OUR OTHER TECHNICAL AND SERVICE PROVIDERS, OUR RESELLERS, AND ANY PERSONS
WHO MAY BE OR BE DEEMED OUR PARTNERS, JOINT VENTURERS, OR PRINCIPALS, EACH
AND ALL OF WHOM SHALL BE EXPRESS THIRD PARTY BENEFICIARIES OF THESE DAMAGE
EXCLUSIONS AND LIMITATIONS.
Some states do not allow exclusion or limitation of incidental or
consequential damages in some circumstances, so if the laws of such a
state apply to your dealings with us and if the requisite circumstances
exist in your case, then some portion or all of the foregoing exclusion
and limitation may not apply to you. The law varies from state to state
and the law applicable in your particular case may give you specific legal
rights.
16. INDEMNITY.
You agree to indemnify us ("VIDEOMEETING and/or PBX.NET, its affiliates, suppliers and
contractors" as defined in the sections which disclaim warranties and
limit and exclude damages), and to hold us harmless, from any claim, cost,
liability or demand or any third party (including but not limited to Your
Users), including reasonable attorneys fees, which arises or is alleged to
arise from:
(a) breach by you or by anyone for whom you bear responsibility of this
Agreement or of any of the materials which this Agreement incorporates by
reference; or
(b) violation by you or by anyone for whom you bear responsibility of any
law or of the rights of any third party.
 Click Here to Chat with a PBX.NET Customer Support Assistant - For Live Help AnyTime! Please ask for more information about our Products and Services. We will be happy to answer any questions you might have regarding VOIP/Voice over IP Technology.
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