|Terms & Conditions
LiveOnTheNet.com, Inc., a Delaware corporation (Provider) makes its voice conference call service (Service) available to the general public for a variety of applications. Each person who is actually using, or has actually used the Service for voice conferencing is an End-User.
DESCRIPTION OF SERVICE
The Service is an enhancement to the End-user's "land-line" or other means of telecommunications services and this Service should not be the End-user's primary means of communications. While the Company may use commercially reasonable efforts to provide the Service, no representation or warranty is made to the End-user that this Service will be available on any regular or reliable basis.
Specific Disclaimer of Liability for Emergency Services. Neither the Company nor its officers or employees may be held liable for any claim, damage, or loss that results from the End-user's use of the Services or any failure of the Services to perform. The End-user hereby waives any and all such claims or causes of action, arising from or relating to the use of Services to contact emergency services personnel. The End-user shall defend, indemnify, and hold harmless the Company, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to the End-user in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, the End-user or any third party relating to the absence, failure or outage of the Service provided hereunder, including specifically any claims arising out of the failure of the Company to offer emergency services.
Any use of the Services or any other action that causes a disruption in the network integrity of Provider or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services. End-User understands that neither Provider nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End-User agrees that it will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. End-User agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of Provider. Use of service shall not include certain activities including, but not limited to, any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with residential or small business usage, unless specifically agreed to otherwise in writing by Provider.
UNLIMITED USAGE PLANS; CHANGES TO THE AGREEMENT, SERVICES OR PLAN
a. GENERAL TERMS. Provider reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan ("Change of Service"). In the event of a Change of Service, Provider will post to the website. Notice will be considered received by End-Users and such changes will become binding to End-Users, on the date the changes are posted to the website ("Change Date"), and no additional notice will be required. If End-User does not send Provider notification of its desire to terminate this agreement or uses the Service after the Change Date, End-User is deemed to have accepted and consented to the change of terms and conditions of the Service. Provider may decrease prices for the Services or Plans without providing any prior notice to End-User.
b. USE OF SERVICE. Provider reserves the right to review usage of unlimited usage plans to ensure that there is no End-User abuse of such plans. End-User agrees to use unlimited plans for the purposes intended by Provider and will not employ methods or devices to take advantage of unlimited plans by using service excessively or for means not intended by Provider. Provider may terminate service immediately if, in its sole discretion, End-User is abusively using the unlimited plan.
Provider utilizes the public Internet and third party networks to provide voice and video communication services. Accordingly, Provider cannot guarantee the security of voice and video communications of End-User.
Provider will make available technical support to End-Users via telephone and e-mail for the Services provided. Support for other applications and uses is not provided or implied unless agreed to in writing by Provider and End-User.
In the event of End-User's breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, End-User shall reimburse Provider for all reasonable attorney fees, court, collection and other costs (including appeals) incurred by Provider in the enforcement of Providerís rights hereunder and Provider may keep any deposits or other payments made by End-User.
End-User agrees to defend, indemnify and hold Provider, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Provider or its vendors be liable for any special, incidental, indirect, punitive 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 services or products provided hereunder whether due to a breach of contract, breach of warranty, the negligence of Provider or its vendors or otherwise.
WARRANTY AND LIABILITY LIMITATIONS
PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTNER NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO PROVIDERíS OR END-USERíS TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF END-USERíS 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 PROVIDERíS OR ITS VENDORSí NEGLIGENCE. IN NO EVENT SHALL PROVIDERíS TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY THE END-USER TO PROVIDER IN THE PRIOR TWELVE (12) MONTHS FROM THE DATE OF CLAIM.
End-User agrees to comply with U. S. Export laws concerning the transmission of technical data and other regulated materials via the Services. End-User agrees to comply with applicable local, state and federal regulations governing the locality in which the Services are used.
Any software used by Provider in connection with the Services and any software provided to End-User in conjunction with providing the Services are protected by copyright law and international treaty provisions. End-User may not copy the software or any portion of it.
Provider communicates with its End-Users primarily via email. Notices to End-User shall be sent to the email address specified by End-User at the time of registration for the Services or as subsequently specified by End-User ("Email Address"). End-User is responsible for notifying Provider of any Email Address changes. End-User agrees that sending a message to the Email Address is the agreed upon means of providing notification. Email is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that End-User read any email sent to the Email Address in a timely manner in order to avoid any potential interruption in the Services provided hereunder.
The Agreement and the relationship between End-User and Provider shall be governed by the laws of the State of Alabama without regard to its conflict of law provisions. End-User and Provider agree to submit to the exclusive jurisdiction of the courts located within the State of Alabama. Venue shall be proper in Madison County, Alabama, only. The failure of Provider 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 or Arbitrator 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. End-User agrees 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.
The terms and conditions of this Agreement constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Services. This agreement shall be binding upon the heirs, successors, and assigns of Provider and End-User.