Terms of Use
This agreement sets forth the terms and conditions ("Terms of Use") for your use of ConferencingNet, LLC ("ConferencingNet") services ("Services"). If you ("Customer") order or use any of our Services, you accept this agreement and agree to all of the Terms of Use. In addition, when you use any current or future ConferencingNet Services whether or not included in our Website, you will also be subject to our current Terms of Use. Pricing, services and promotions are subject to change.
Privacy To understand our practices, please review our Privacy Policy that also governs your visit to our Website and use of our Services. A complete statement of our privacy policy can be found at http://www.ConferencingNet.com.
Trademarks The names, logos and taglines identifying ConferencingNet products and services are proprietary marks of ConferencingNet. All other trademarks and logos that are not owned by ConferencingNet are the property of their respective owners.
Links to Third Party Sites Some links contained in our web pages may allow you to leave our website. ConferencingNet has neither control, nor any responsibility for the contents of any linked site, or any changes or updates to such sites. ConferencingNet provides these links to you only as a convenience, and without any implied endorsement by ConferencingNet for use of the third party site.
Your Account Password and Security The customer is responsible for maintaining the confidentiality of your personal identification numbers and passwords ("Account") and for restricting access to your Account. Customer agrees to accept responsibility and liability for all activities that occur under your Account whether lawful or unlawful and you agree to notify us immediately if there has been an unauthorized use of your account or any other breach of security. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Customer is also solely responsible for all uses of your Account, whether or not actually or expressly authorized by you. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. Violation of Terms of Use may result in immediate deletion of your Account. In order to ensure that we are able to provide high quality services that are responsive to your needs, you agree to allow our employees to access your Account and records on a case-by-case basis to investigate complaints. We will not disclose the existence or occurrence of such an investigation unless required by law.
Some of our services may require you to open an account, and/or complete a registration form. If you are assigned a password and user name, or asked to choose a password and user name, you are responsible for maintaining the confidentiality of your password and account. You are responsible for any and all activities that may occur under your account and you agree to notify us immediately if there has been an unauthorized use of your account or any other breach of security. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Payment Except for Customers electing payment via credit card, we will send a periodic invoice for your use of the Services. Credit terms will be stated on the invoice. At any time, we may require a deposit or a valid credit card to providing or continuing to provide Service based on our evaluation of your credit. If payment is not received within 60 days of the invoice date, ConferencingNet reserves the right to apply outstanding charges to a credit card. In the event of non-payment of any invoice, Customer agrees to pay collection fees, attorney fees, and court costs incurred in enforcing the terms of any invoice. Rates listed are based on US dollars and are exclusive of any applicable taxes. Customer is responsible for all taxes, gross receipts taxes, fees and surcharges relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent that you provide ConferencingNet with a valid tax exemption certificate before ConferencingNet provides Services to the Customer. Customer is responsible for payment of surcharges, including but not limited to UCC and USF. Services are payable in US dollars or via credit card.
IF YOU DISPUTE CHARGES ON YOUR BILL, YOU MUST NOTIFY CONFERENCINGNET IN WRITING OF THE DISPUTE WITHIN SIX (6) MONTHS OF THE DATE ON THE AFFECTED BILL, OR ELSE CUSTOMER WAIVES THE DISPUTE.
Communications and Content The Customer is responsible for the content of the messages you communicate when using our Services as well as the consequences of those messages. You agree that you will not use our Services to engage in activities that are illegal, obscene, threatening, defamatory, invade privacy, infringe intellectual property rights, or otherwise injure third parties or are objectionable. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to your identity.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY UNLESS WE OTHERWISE AGREE IN WRITING, THIS SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. CONFERENCINGNET EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CONFERENCINGNET DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR FREE, SECURE, VIRUS FREE, OR WITHOUT INTERRUPTION.
NEITHER OF PARTIES WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH SERVICES PROVIDED BY US (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. CONFERENCINGNET TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SERVICES RENDERED, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO CONFERENCINGNET HEREUNDER IN THE PAST THREE (3) MONTHS OF THE AGREEMENT PRIOR TO THE CLAIM.
Ownership All rights that are not granted to the Customer are reserved by ConferencingNet. The Services, System, our technology, and any updates or improvements to the Services, System, or our technology, are owned by ConferencingNet and its licensors. You understand that our Services, System and technology contain valuable software and confidential information and you agree that you will not modify, reverse engineer, decompile, create other works from, or disassemble any of our software without our prior written consent.
Indemnification You agree to indemnify, defend and hold harmless ConferencingNet, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our Services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of ConferencingNet successors, assigns and licensees.
Applicable Law These Terms of Use will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of laws or your actual state or country of residence.
Modification and Severability We reserve the right to make changes to our site and policies at any time. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition well be deemed severable and will not affect the validity and enforceability of any remaining condition.
|