VoIP Service Provider

VoIPVoIP, the consumer division of Kosmaz Technologies LLC. (VoIPVoIP), provides Internet phone Services (the Service or Services) through https://www.VoIPVoIP.com (the Website). The Services include the ability to download and use PCPhone software (the Software), purchase Broadband Phone or PC to Phone, manage existing user accounts, and other services. Your use of the Services, Software and Website is subject to your compliance with the Terms of Use set forth below.

This Agreement governs both the Service and any devices, such as a VoIPVoIP VoIP Phone Adapter, VoIPVoIP VoIP Router & Phone Adapter, VoIPVoIP WiFi Phone, VoIPVoIP Multiline IP Phone, or any other IP connection device provided by VoIPVoIP for use in conjunction with the Service ("Device" or "Equipment").

BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES OR DEVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND THAT YOU AGREE TO BE BOUND BY ALL TERMS HEREIN. IF YOU HAVE NOT READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND DO NOT AGREE TO BE BOUND BY ITS TERMS, DO NOT USE THE SERVICES OR DEVICE, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING VoIPVoIP VIA E-MAIL AT SUPPORT@VoIPVoIP.com AND STATING YOUR NAME, ACCOUNT INFORMATION AND DESIRE TO CANCEL SERVICE.

SERVICE

1.1 Term

VoIPVoIP offers Voice over Internet Protocol (also known as VoIP, Voice over IP) enabled telephone service, including outbound calling, inbound phone numbers, and related telephony features. Service is offered on a prepaid basis. User accounts that are subject to a monthly service charge are automatically replenished through a charge billed to your credit card without further action by you (Automatic Recharge). You hereby authorize such charges. Automatic Recharge takes place (i) on a monthly basis at the commencement of each monthly term (unless you give VoIPVoIP written notice of non-renewal as set forth below) and (ii) when the account balance is below the level set forth in the Calling Plan Details with respect to your particular calling plan. VoIPVoIP provides the Service for full monthly terms only, beginning on the date that your account is first created.

You agree to use the Services, Software and Website for lawful purposes only. You are prohibited from posting on, or transmitting through, the Website any materials, or engaging through the Services in any conduct, that is fraudulent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or otherwise objectionable, including without limitation, any material or conduct that encourages unlawful activities. If VoIPVoIP suspects that you have engaged in any of the foregoing conduct, VoIPVoIP may, in its sole discretion, (a) terminate or suspend your account or use of the Services, Software and/or Website; and/or (b) forward the offensive materials and/or information related to such prohibited conduct, your communications with VoIPVoIP, and your personally identifiable information to the proper authorities for investigation or prosecution.

1.2 Equipment Requirements

The Service requires standard SIP based customer premises equipment ("CPE") which may be provided by VoIPVoIP or by the Customer on a BYOD (Bring Your Own Device) plan pursuant to the terms of this Agreement. Use of the Service without such equipment is strictly prohibited. If you elect to provide your own equipment, then you are solely responsible for maintaining it and ensuring that it is compatible with the Service, and you agree that if it is not compatible with, or properly configured for VoIPVoIP, VoIPVoIP may terminate the Service in its sole discretion.

1.3.1 Residential Use of Service

If you subscribe to VoIPVoIP's UNLIMITED residential services, the Service and the Device are provided to you solely for residential use. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use.

1.3.2 Business Use of Service

If you subscribe to VoIPVoIP's UNLIMITED Business services, the Service and Device are provided to you as a Business user. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service or the Device for any of the aforementioned or similar activities.

1.4 Prohibited Uses of Service

You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers, or (2) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would (1) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. VoIPVoIP reserves the right to terminate the Service immediately and without advance notice if VoIPVoIP, 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, plus a disconnect fee, all of which immediately become due, payable and chargeable to your credit card. If VoIPVoIP, in its sole discretion believes that you have violated the above restrictions, VoIPVoIP may forward the objectionable material, as well as your communications with VoIPVoIP and your personally identifiable information to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding.

1.5 Use of Service and Device by Customers Outside the United States

VoIPVoIP allows use of the Service inside or outside of the United States. However, if you use it outside the United States you do so at your own risk. If you remove the Device to a country outside the United States and/or use or attempt to use it there, you do so at your own risk, including but not limited to the risk that such activity violates the laws of the country where you do so, and/or violates the export laws of the United States and/or the import laws of that other country.

1.6 Loss of Service Due to Power Failure or Internet Service/Broadband Outage

You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure the Device and other CPE equipment prior to using the Service. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by VoIPVoIP) and that, accordingly, in the event of an outage of, or termination of broadband service with or by your Internet service provider ("ISP") and/or broadband provider, the Service will not function. If there is an interruption in the power supply and/or an ISP/broadband outage, the Service will not function until the power supply is restored and/or the ISP/broadband outage fixed. You will continue to be billed for the Service during such failures, terminations and/or outages unless and until you or VoIPVoIP terminate the Service in accordance with this Agreement.

1.7 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 VoIPVoIP'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 VoIPVoIP are and shall remain the exclusive property of VoIPVoIP 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 in object code form (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. You expressly agree that the Device is exclusively for use in connection with the Service and that VoIPVoIP will not provide any passwords, codes or other information or assistance that would permit or enable you to use the Device for any other purposes. If you decide to use the Service through an interface device not provided by VoIPVoIP, which VoIPVoIP reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless VoIPVoIP against any and all liability arising out of your use of such interface device with the Service. You agree not to reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

1.8 Tampering with the Device and Service

You agree not to change the electronic serial number, MAC or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from VoIPVoIP in each instance which VoIPVoIP may grant or deny in its sole discretion. VoIPVoIP 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. You agree not to disrupt or hack the Service or to make or attempt to make any use of the Service that is inconsistent with its intended purpose.

1.9 Theft of Service or Device

You agree to notify VoIPVoIP immediately, in writing or by calling the VoIPVoIP 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.

1.10 Number Transfer on Service Termination

VoIPVoIP may, solely at the Company's discretion, release any telephone number that was ported in to VoIPVoIP by you and used in connection with your Service 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; (ii) your VoIPVoIP account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account. VoIPVoIP will not transfer or release telephone numbers that it has assigned for use in conjunction with your Service.

1.11 Service Distinctions

You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by VoIPVoIP. Some, but not all, of these distinctions are described in this Agreement. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums.

1.12 No 900 Calls

The Service does not permit calls to 900 numbers or other pay-per-call services.

1.13 No Operator Service

The Service does not support calls to operator services.

1.14 No Collect Calls

The Service does not support collect calls.

1.15 Directory Assistance

You agree that calls to Directory Assistance (411, 1-XXX-555-1212) excluding toll-free Directory Assistance (1-8---555-1212) will incur a US$0.99 per call charge.

1.16 Calls from a Payphone

You agree that calls to a VoIPVoIP Toll-free Alternate Number from a Payphone will incur a US$0.30 per call charge.

EMERGENCY SERVICES

2.1 Non-Availability of Traditional 911 or E911 Service.

END USER MUST MAINTAIN AN ALTERNATE MEANS OF REQUESTING EMERGENCY SERVICES. END USER acknowledges and understands that VOIPVOIP does NOT support traditional 911 and E911 access to emergency services. The limited emergency response service provided by us differs in a number of important ways from traditional 911 and E911 as explained further below. END USER must maintain an alternate means of accessing traditional emergency response services.

END USER acknowledges and understands that our 911 Service cannot be used in conjunction with a Soft Phone or non-interconnected Virtual Numbers (virtual numbers not associated with a DID and therefore cannot receive calls from a PSTN line). Our 911 Service is not automatic; END USER must separately take affirmative steps, as described in this Agreement and on our website, to register the address where END USER will use the Services in order to activate the 911 feature. END USER must do this for each interconnected virtual number that END USER obtains. The 911 Service is different in a number of important ways from traditional 911 or E911 service as described on our website page for E911 Service and below. END USER shall inform any household residents, guests and other third persons who may be present at the physical location where END USER utilize the Service of (i) the non-availability of traditional 911 or E911, and (ii) the important differences in and limitations of the our 911 service as compared with traditional 911 or E911 Service. The documentation that accompanies each Device that END USER purchase should include a sticker concerning the potential non-availability of traditional 911 or E911 Service (the "911 Sticker"). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 911 Sticker on each Device that END USER use with the Service. If END USER did not receive a 911 Sticker with your Device, or END USER require additional 911 Stickers, please contact our customer care department.

2.2 Registration of Physical Location Required.

END USER acknowledges and understands that for each interconnected virtual number that END USER use for the Service, END USER must register with the physical location where END USER will be using the Service with that virtual number. When END USER moves the Device to another location, END USER must register your new location. If END USER do not register your new location, any call END USER make using the 911 Service feature may be sent to an emergency center near your old address. END USER will register your initial location of use when END USER subscribes to the Service. Thereafter, END USER may register a new location by logging into your control panel and clicking on the “update 911 info” button located next to your virtual number on the “DID Numbers” page. For purposes of the 911 features, END USER may only register one location at a time for each phone line END USER use with the Service.

2.3 Confirmation of Activation Required.

END USER acknowledges and understands that your 911 Service will not be activated for any phone line that END USER are using with the Service, unless and until END USER has submitted a verified address.

2.4 How Emergency Personnel are contacted.

END USER acknowledges and understands that VOIPVOIP contracts with a third party to use the address of your registered location to determine the nearest emergency response center and then forward your call to a general number at that center. When the center receives your call, the operator will have the address END USER entered in our 911 database as well as your DID number that END USER associated with your virtual number. If END USER has not provided this information, END USER must provide your address and phone number in order to get help. In order to allow the emergency operations center personnel to call END USER back if necessary, VOIPVOIP immediately disables any call forwarding that END USER may have established in your account. Some local emergency response centers may decide not to have their general numbers answered by live operators 24 hours a day. If VOIPVOIP learns that this is the case, VOIPVOIP will send your call instead to a national emergency calling center and a trained agent will contact an emergency center near END USER to dispatch help. END USER hereby authorize us to disclose your name and address to third-party service providers, including, without limitation, call routers, call centers and public service answering points, for the purpose of dispatching emergency services personnel to your registered location.

2.5 Service Outages.

(a) Service Outages Due to Power Failure or Disruption.

END USER acknowledges and understands that 911 Service does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Service, will not function until power is restored. Following a power failure or disruption, END USER may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Service.

(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service.

END USER acknowledges and understands that service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Service, from functioning.

END USER acknowledges and understands that service outages due to suspension or termination of your account will prevent all Service, including 911 Service, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. END USER acknowledges and understands that your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that END USER alerts us to this situation, VOIPVOIP will attempt to work with END USER to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Service feature, may not function. END USER acknowledges that VOIPVOIP is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 Service, that may result. In the event END USER lose service as a result of blocking of ports or any other impediment to your usage of the Service, END USER will continue to be responsible for payment of the Service charges unless and until END USER terminate the Service in accordance with this Agreement.

(e) Other Service Outages.

END USER acknowledges and understands that if there is a Service outage for any reason, such outage will prevent all Service, including 911 Service, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

2.6 Re-Verifying Your Address is Required if END USER

Change Your Number or Add or Port New Numbers. END USER acknowledges and understands that 911 Service does not function if END USER change your phone number or if END USER add or port new phone numbers to your account, unless and until END USER successfully register your location of use for each changed, newly added or newly ported phone number.

2.7 Network Congestion; Reduced Speed for Routing or Answering 911 Service Calls.

END USER acknowledges and understands that there may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Service call made utilizing the Service as compared to traditional 911 Service over traditional public telephone networks.

2.8 Possible Lack of Automatic Number Identification.

END USER acknowledges and understands that it may or may not be possible for the local emergency personnel to automatically obtain your phone number when END USER use 911 Service. Our system is configured to send the automatic number identification information; however, one or more telephone companies, not us, route the traffic to the emergency response center and that center may not be capable of receiving and passing on that information. As a result, the operator who answers your 911 Service call may not be able to automatically obtain your phone number and call END USER back if the call is not completed or is not forwarded, is dropped or disconnected, if END USER are unable to speak to tell the operator your phone number, or if the Service is not operational for any reason.

2.9 No Automated Location Identification.

END USER acknowledges and understands that in most service areas, it is not possible at this time to transmit to the local emergency response center the address that END USER registered for 911 Service. END USER will need to state the nature of your emergency promptly and clearly, including your location (and possibly your telephone number), as the operator may not have this information. Emergency personnel will not be able to find your location if the call is not completed or is not forwarded, is dropped or disconnected, if END USER are unable to speak to tell the operator your location, or if the Service is not operational for any reason.

2.10 Disclaimer of Liability and Indemnification.

END USER acknowledges and understands that VOIPVOIP do 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. VOIPVOIP disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center.

END USER acknowledges and understands that VOIPVOIP rely on third parties to assist us in routing 911 Service calls to local emergency response centers and to a national emergency calling center. VOIPVOIP 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 company, nor its officers or employees, may be held liable for any claim, damage, or loss, and END USER 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. END USER shall defend, indemnify, and hold harmless our company and or any of our subsidiaries, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to END USER in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, END USER 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.

2.11 Alternate 911 Arrangements.

END USER acknowledges and understands that VOIPVOIP strongly encourages END USER to have an alternate means of accessing traditional 911 or E911 services or terminating the Service. VOIPVOIP does not recommend END USER rely on a non-traditional 911 service in an emergency.

2.12 911 Fees.

END USER acknowledges and understands that VOIPVOIP charges a fee of $25.00 US Dollars for all non-emergency calls to the 911 Service. This charge is in place to help ensure that the service is not abused.

2.13 Abuse.

END USER acknowledges and understands that while our 911 Service is not traditional 911, abusing the 911 Service, making false or prank calls to a 911 service is still a crime. If END USER commits such acts, your account will be terminated and END USER may be prosecuted by your local and state governments.

INDEMNIFICATION

YOU ARE LIABLE FOR ANY AND ALL USE OF THE SERVICE AND/OR DEVICE BY YOURSELF AND BY ANY PERSON MAKING USE OF THE SERVICE OR DEVICE, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VoIPVoIP AGAINST ANY AND ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VoIPVoIP FROM ANY AND ALL CLAIMS AND/OR LIABILITY FOR DAMAGES, PERSONAL INJURY, DEATH, FINES, PENALTIES, COSTS, EXPENSES, LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, ATTORNEYS’ FEES, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE AGREEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL VoIPVoIP BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT. NOR SHALL VoIPVoIP BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO VoIPVoIP OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND VoIPVoIP’S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE QUALITY. VoIPVoIP SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO VoIPVoIP’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 VoIPVoIP’S NEGLIGENCE OR OTHER ACTS OR OMISSIONS. VoIPVoIP’S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY WHETHER OR NOT VoIPVoIP WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE VoIPVoIP FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST VoIPVoIP TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. THIS SECTION SHALL SURVIVE THE AGREEMENT.

WARRANTIES

THE TERM "VoIPVoIP" AS USED IN THIS SECTION SHALL MEAN KOSMAZ TECHNOLOGIES LLC AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
VoIPVoIP MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. VoIPVoIP DOES NOT WARRANT THAT THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. VoIPVoIP DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. IF CUSTOMER PURCHASED THE DEVICE NEW FROM VoIPVoIP AND THE DEVICE INCLUDED A LIMITED WARRANTY AT THE TIME OF PURCHASE, CUSTOMER MUST REFER TO THE SEPARATE LIMITED WARRANTY DOCUMENT FOR INFORMATION ON THE LIMITATION AND DISCLAIMER OF SUCH WARRANTY. IF CUSTOMER’S DEVICE DID NOT INCLUDE A LIMITED WARRANTY FROM VoIPVoIP AT THE TIME OF PURCHASE, CUSTOMER AGREES THAT IT ACCEPTS THE DEVICE "AS IS" AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST VoIPVoIP TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.

CHANGES TO THIS AGREEMENT

VoIPVoIP may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supercede all previously agreed to electronic and written Terms and Conditions. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, AND/OR TERMS AND CONDITIONS HAVE BEEN MADE, YOU AGREE TO THE CHANGES. Notices will be considered given and effective on the date posted on the VoIPVoIP website at www.VoIPVoIP.com/terms and/or the date we notify you of changes by the following: email at the address provided by you, postcard, letter, recorded announcement, message on your bill, an insert in your bill, newspaper ad, or a call to your billed telephone number, whichever occurs first.

CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION

7.1. Billing

You authorize any charges incurred from the use of your VoIPVoIP account to be billed to you through your account or credit card. You may use the VoIPVoIP account only so long as your account or credit card remains valid and in good standing. You agree to pay for all charges incurred by use of the VoIPVoIP account issued to you and comply with all other terms and conditions set forth herein.

In order to protect our customers from fraudulent credit card usage we have developed a sophisticated verification process that we activate upon sign up and registration. Consequently, it can take up to forty eight (48) hours from registration for your funds to be available in your account.

You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree to notify VoIPVoIP immediately if you become aware at any time that your account or the Service is being stolen or fraudulently used, in writing by e-mailing to VoIPVoIP Customer Care or by engaging VoIPVoIP’s Customer Care personnel through VoIPVoIP’s “live chat” functionality feature. You agree to be responsible for payment of all charges on your account’s detail report incurred as a result of the use of your VoIPVoIP debit account, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss.
You are not authorized to use your VoIPVoIP account after your account or your credit card has expired, or been withdrawn, revoked, or terminated. Nevertheless you remain responsible to VoIPVoIP for any charges resulting from the use of your VoIPVoIP account after any such expiration, withdrawal, revocation or termination, which charges are payable immediately to VoIPVoIP.

7.2 Billing Disputes

You must notify VoIPVoIP in writing within seven (7) days after receiving your credit card statement or from the time funds are debited from your VoIPVoIP Master Account if you dispute any VoIPVoIP charges on that statement or that have been debited from your VoIPVoIP Master Account, or such dispute will be deemed waived. Notification of all billing disputes shall be sent to the following address:

Customer Care Billing Department
Kosmaz Technologies LLC
80W Sierra Madre Blvd #130 Sierra Madre, CA 91024

billing@VoIPVoIP.com

7.3 Payment

Charges for the Service will be rated and charged in accordance with the rates provided by VoIPVoIP, any promotional offer pursuant to the published terms of such offer by VoIPVoIP, or as otherwise as provided in our price list or on the Website. Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole cent. All calls that are determined to have been answered incur a minimum one (1) minute charge. VoIPVoIP relies on reasonable and standard technologies to determine whether and when a call has been answered, including without limitation signals sent by the carrier connecting the call that indicates the commencement of call. These technologies are not perfect or entirely reliable and it is possible for call-commencement signals to be received in error. All calls made to mobile telephones are deemed to have been completed. You must notify VoIPVoIP in writing of any disputed charges within sixty (60) days of the charges or you will be deemed to have waived your right to dispute the charges.

All prices are subject to change without prior notice. We will use commercially reasonable efforts to notify you of any changes to calling plans subject to a fixed monthly fee (the Monthly Fee) pursuant to the applicable Calling Plan Details, but such notification shall not be deemed a prerequisite to the effectiveness of any such change. Our rates may not include additional charges you may receive for originating a call from a cell phone.
All Monthly Fees and any additional per minute charges incurred will be deducted from your prepaid debit account or charged directly to your credit card on the same date and at the same time every month, with a possible delay of four (4) hours which may cause a possible shift in date, from time to time.

If you are subscribed to a calling plan subject to a Monthly Fee, and in the event that your debit account balance drop below the level set forth in the Calling Plan Details with respect to your particular calling plan, your credit card will automatically be recharged in the amount specified by you during sign up, unless your account is not subject to Automatic Recharge. In the event that your calling plan is subject to Automatic Recharge and your account falls below the level set forth in the Calling Plan Details with respect to your particular calling plan, but the charge for the Automatic Recharge fails,, you will be automatically downgraded to a per-minute price plan.

7.4 Termination/Discontinuance of Service

VoIPVoIP reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If VoIPVoIP discontinues providing the Service generally, or terminates or suspends 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 or suspended for any stated reason, including without limitation, violation of any terms 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 or your acts or omissions that violate any acceptable use policy of VoIPVoIP or of a third party provider to which VoIPVoIP is subject), 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 if applicable, all of which immediately become due, payable and chargeable to your credit card.

7.5 Taxes

Certain 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 (collectively, “Taxes”), may apply, or become applicable in connection with the use of the VoIPVoIP accounts or the Services, Software or Website. You will be responsible for any Taxes. Applicable Taxes will be deducted from your prepaid debit account balance or charged directly to your credit card.

7.6 Money Back Guarantee; Limitations and Conditions

VoIPVoIP offers a comprehensive money-back guarantee to ensure that you are satisfied with your purchase.
VoIPVoIP VoIP plans:

For VoIPVoIP VOIP accounts, we will grant you the Money Back Guarantee provided that you have not exceeded sixty (60) minutes or $2 of usage

VoIPVoIP Mobile plans:

The money back guarantee is available if you cancel service within thirty (30) days of account activation and provided that you have not exceeded thirty (30) minutes or $2 of usage

Pay per call:

The money back guarantee is available if you cancel service within thirty (30) days of account activation and provided that you have not exceeded thirty (30) minutes or $2 of usage
If you meet these requirements, VoIPVoIP will refund the charges for monthly fees if written notice is received by VoIPVoIP within such thirty (30) day period. Federal excise taxes and any other applicable taxes are not refundable. Account Balance bonuses are not refundable.

For VoIPVoIP VoIP Users:

If you were shipped an adapter for VoIPVoIP VoIP Service, the Money Back Guarantee described herein is payable and contingent upon your returning such equipment to VoIPVoIP. The device must be returned to VoIPVoIP in the condition it was received and in the original packaging. You are responsible for return shipping and associated costs and you must contact VoIPVoIP Customer Care to cancel your service and obtain a return merchandise authorization (RMA) number before shipping the equipment. The device must be returned to VoIPVoIP within 45 days of obtaining the RMA number.

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. VoIPVoIP reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if VoIPVoIP determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with VoIPVoIP'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. VoIPVoIP'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 harmless VoIPVoIP 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.

RESOLUTION OF DISPUTES BY BINDING ARBITRATION

Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in California. The arbitrator's decision will follow the plain meaning of the relevant documents, and will 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. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, CALIFORNIA.

GOVERNING LAW

This Agreement and the relationship between you and VoIPVoIP shall be governed by the laws of the State of California without regard to its conflict of law provisions.

ENTIRE AGREEMENT

This Agreement and any modifications to it pursuant to Section 6, and the rates for Services found on VoIPVoIP's website, constitute the entire agreement between you and VoIPVoIP and govern your use of the Service, superseding any prior agreements between you and VoIPVoIP and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No changes to this Agreement shall be binding upon either you or VoIPVoIP unless they are made pursuant to Section 6.

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.

PRIVACY

VoIPVoIP Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. You acknowledge and understand that VoIPVoIP cannot guarantee that voice over IP communication is completely secure. You agree that VoIPVoIP may access all features of your account and the Services to determine whether the Services are being used fraudulently and/or in violation of this Agreement, and for any other purposes. YOU AGREE THAT VoIPVoIP SHALL NOT BE LIABLE FOR ANY LACK OF PRIVACY. Please refer to our Privacy Policy at www.VoIPVoIP.com for additional information.

ASSIGNMENT

VoIPVoIP may assign all or part of its rights or duties under the Agreement without notifying you. If we do that, we have no further obligation to you. You may not assign the Agreement or the Service or Device without our prior written agreement.

NO THIRD PARTY RIGHTS

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.

SURVIVAL

The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes, billings and your obligation to pay for the Service provided and any additional usage charges, shall survive the termination of the Agreement and the termination of the Service.

LEGAL

VoIPVoIP does not warrant that the Services are completely error free or will operate without packet loss or interruption nor does VoIPVoIP warrant any connection to or any transmission over the Internet. Use of the Services shall be in accordance with these Terms of Use. Information on the Website or in other materials may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. VoIPVoIP may also make improvements and/or changes to the Services, Software or Website at any time without notice. Statements and descriptions concerning the Service, Software or Website, if any, by VoIPVoIP or VoIPVoIP’s agents or partners are informational and are not given as a warranty of any kind.
All Services Software and the Website and equipment provided by VoIPVoIP are provided “as is”. VOIPVOIP DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, THE SOFTWARE, THE WEBSITE OR ANY EQUIPMENT PROVIDED.

NEITHER VOIPVOIP NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR THE INABILITY TO MAKE EMERGENCY SERVICE CALLS, INCLUDING WITHOUT LIMITATION 911 CALLS, OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE SERVICES OR SOFTWARE.

IN NO EVENT WILL VOIPVOIP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNATIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, SOFTWARE OR WEBSITE OR ANY TRANSACTIONS PROVIDED ON, OR HYPERLINKED, FROM THE WEBSITE, EVEN IF VOIPVOIP OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE WEBSITE, INCLUDING WITHOUT LIMITATION THE INABILITY BY YOU OR ANY THIRD PARTY TO BE ABLE TO DIAL 9-1-1 OR OTHER EMERGENCY SERVICE NUMBERS OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE.
By way of example, and not limitation, VoIPVoIP shall not be liable for any delay or failure to provide the Service 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 to you;
- outage of your ISP or broadband service provider;
- your act or omission or that of any other person using the Service provided to you; or
- any other cause that is beyond VoIPVoIP’s control, including without limitation, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed.

VOIPVOIP’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR EXPENSE FROM ANY CAUSE WHATSOEVER, SHALL IN NO EVENT EXCEED SUMS ACTUALLY PAID TO VOIPVOIP BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

Links available on or through the Website may enable you to leave the Website. The linked sites are not under the control of VoIPVoIP and VoIPVoIP is not responsible for the content of any linked site or any link contained on or through a linked site, any changes or updates to such sites or the privacy practices of any linked site. It is up to you take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature. VoIPVoIP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VoIPVoIP.

VoIPVoIP cannot and does not guarantee or warrant that the files available for downloading from the Website 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 Website for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Services, Software and Website, and your use of the Internet.

You agree to indemnify, defend and hold harmless VoIPVoIP, its officers, directors, employees, agents, subsidiaries, shareholders, licensors, suppliers and any third party information providers of or to the Services, Software or Website (the “Indemnified Parties”), from and against all third party claims, losses, expenses, actions, liabilities, damages and costs (including without limitation reasonable attorneys' fees) arising out of or in connection with any claim, demand, action, suit, investigation, arbitration, or other proceeding by a third party to the extent directly or indirectly arising from your use of the Services provided by VoIPVoIP, including the inability by you or any third party to be able to dial 911 or to access emergency service personnel . The provisions of this paragraph are for the benefit of the Indemnified Parties. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

You agree that VoIPVoIP, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, Software or Website, for any reason, or no reason. VoIPVoIP may also in its sole discretion, discontinue providing or modify the Service, Software or Website or any parts thereof. You agree that any termination of your access to, or modification of the Service, Software or Website may be effected without prior notice. Further, you agree that VoIPVoIP shall not be liable to you or any third-party for any such termination, modification, deactivation or any other act of VoIPVoIP contemplated by this paragraph.

The export and re-export of the Service, Software and Website are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you agree to comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Service, Software and Website to any destination requiring such a license. In addition, the Materials may not be exported or re-exported (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (c) any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. By activating the Service, downloading or using the Software or using the Website, you are certifying that you are not a national of one of these countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

These Terms of Use shall be governed and construed in accordance with the laws of the State of California, without reference to its conflicts of laws rules. In any legal action or proceeding between you and VoIPVoIP concerning or arising out of these Terms of Use, you agree to submit to exclusive jurisdiction of the federal and state courts having jurisdiction over Walnut Creek, California and you expressly waive all defenses to lack of jurisdiction. Any cause of action or claim you may have with respect to the Service, Software or Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred. VoIPVoIP’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to modify any provision of these Terms of Use. VoIPVoIP may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Last Updated: November 26, 2006