
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
This Agreement is a contract between you ("you", "your"), and eMedia Marketing Corp., a Florida corporation, or its subsidiary 247OpenOffice (the "Company" or "we") and applies to your use of 247OpenOffice Services. The conditions described herein, apply to 247OpenOffice VPA services, 247OpenOffice Customer Support Services, 247OpenOffice Phone Answering services and 247OpenOffice Hosted PBX & VoIP virtual office phone service, including all optional features and related services, as provided to you as a customer of 247OpenOffice.
You must read, agree with and accept all of the terms and conditions contained in this Agreement. The User Agreement is subject to change by 247OpenOfficeat any time, at its sole discretion, with advance notice given to the user. You should review the User Agreement regularly, to determine if there have been changes. Continued use of your membership constitutes acceptance of the most recent version of the User Agreement. In addition to reviewing this Agreement, please read our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. By agreeing to the terms of this Agreement, you are also agreeing to the terms of 247OpenOfficePrivacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. If you are using the Services on behalf of your employer, you represent that you are authorized to accept this Agreement on your employer's behalf.
If you begin, but fail to complete the sign up process for Services, the Company may contact you in an effort to help you sign up for the Services or another service provided by the Company. You hereby authorize the Company to make such contact, even if you ultimately determine not to sign up for any of the services provided by the Company.
2. MODIFICATIONS TO THIS AGREEMENT AND TO THE SERVICES
The Company may automatically amend this Agreement, Privacy Policy, or any other policy or issue 247OpenOffice may have, at any time by posting a revised version on the 247OpenOffice Website, and if the amendments are material sending information regarding the amendment to the email address you provide to the Company. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE 247OPENOFFICE WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and the Company. The Company reserves the right to modify or discontinue any of the Services with or without notice to you and the Company shall not be liable to you or any third party should the Company exercise its right to do so.
3. ELIGIBILITY AND AUTHORIZATION
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state and/or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
4. SERVICES
The Company offers services described on its website at www.247openoffice.com. Individually, the Services are:
a. 247OpenOffice Virtual Personal Assistant (VPA)(referred to herein as "VPA") includes: (a) 247 Assistance services providing around-the-clock assistant services accessible by phone, web and your existing email account and (b) Dedicated VPA, a dedicated assistant available from 10am to 7pm EST by email or phone to assist with specified tasks
b. 247OpenOffice Customer Support Services: 247OpenOffice Customer Support (referred to herein as "Customer Support") includes (a) phone support, (b) live chat support, (c) email support, (d) dedicated agent support
c. 247OpenOffice Answering Services: 247OpenOffice Answering Service (referred to herein as "Answering") includes remote receptionist service to answer your calls, take messages and direct your phone calls directed to your Service telephone number.
247OpenOffice Hosted PBX & VoIP Phone Services: 247OpenOffice Hosted PBX & VoIP Phone Services (referred to herein as "PBX") includes (a) a virtual PBX that directs telephone calls to telephone numbers you specify and (b) an auto-attendant allowing callers to have their call routed to one of a number of specified recipients, (c) an automated assistant to forward telephone calls to telephone numbers you specify (d) the ability to send voicemail messages by email or fax and
(e) conference calling, (f) hosted call center solution.
5. USE LIMITATION AND STORAGE PRACTICES
While your 247OpenOffice account is active, the Company will store fax messages and voicemails through your 247OpenOffice number for a period of up to 30 days and enable you to access these messages through the online 247OpenOffice Messenger Center. You have the option to change your default setting in your 247OpenOffice account and store your messages for a longer period subject to applicable duration and storage size limitations. You acknowledge that the Company may change its practices and limitations concerning storage of messages, including without limitation, the maximum (a) period of time that messages will be retained, (b) number of messages stored at any one time and (c) storage space utilized, at any time, as provided for in the Section of this Agreement entitled "Modifications to this Agreement and to the Services" above. You further agree that the Company has no responsibility or liability whatsoever for the deletion or failure to store any fax messages, voicemails or any other communications maintained or transmitted by or through the Services.
6. PRIVACY POLICY
Information collected by the Company about you will be treated in accordance with our privacy policy ("Privacy Policy"). This Privacy Policy can be found at http://www.247OpenOffice.com/privacy. If the Company decides to change its privacy practices, the Company will post a revised Privacy Policy at this location so you are always aware of what information the Company collects, how the Company uses it and under what circumstances, if any, the Company discloses it. The Company will use information in accordance with the Privacy Policy in effect at the time the information was collected. If the Company makes any material changes to its privacy practices or material changes to how your information is treated, the Company will notify you via email. You will have a choice as to whether or not the Company uses your information in this different manner. However, if you have deleted/deactivated your 247OpenOffice account, then you will not be contacted, nor will your personal information be used in this new manner.
The Company will not read, listen to or disclose to any third parties your voicemails, emails, voicemail transcriptions or other communications transmitted through the Services except as specifically set forth herein, as required to ensure proper operation of the Services or as otherwise authorized by the Privacy Policy. Where the Company is unable to convert a message to text due to poor dictation, noisy environment, poor phone connection or drop-outs, language, unacceptable content or any other reason, the Company will notify you by email that you have received a voicemail message that could not be transcribed.
7. YOUR RESPONSIBILITIES
a. General: You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services; (b) maintain any security of your user identification, and other confidential information relating to your 247OpenOffice account and; (c) be responsible for all charges resulting from use of your 247OpenOffice account, including unauthorized use prior to your notifying the Company of such use and taking steps to prevent its further occurrence.
b. User Account, Password, and Security: As part of your registration process, you will be required to provide a valid email address and select a password. Once you become a registered user, your 247OpenOffice will be provided to you within 24 hours from the date of your order. You may change your password to protect your voicemails and faxes after logging in to the 247OpenOffice Website. You are entirely responsible for notifying the Company of any change in your email address and for failing to maintain the confidentiality of your password, 247OpenOffice number and account information. Furthermore, you are entirely responsible for any and all activities that occur under your 247OpenOffice account. You agree to immediately notify the Company of any unauthorized use of your 247OpenOffice account or any other breach of security known to you.
c. Content of Transmissions: You are fully responsible for the contents of your transmissions through the Services. The Company simply acts as a passive conduit for you to send and receive information of your own choosing.
d. Prohibited Conduct: Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws or false advertising). You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind of nature; (7) not to use or reference the Services for chain letters, junk fax or junk mail, spamming or any other use of distribution lists to any person who has not given specific permission to be included in such a process;, (8) not to use the Service to attempt to gain unauthorized access to other computer systems; and (9) not to interfere with another's use and enjoyment of the Services or similar services.
(e)Spam: If you transmit or are otherwise connected with any email, fax or voice ‘spam' or other unsolicited marketing message, you agree to pay the Company its actual damages if those damages can be reasonably calculated. If actual damages cannot be reasonably calculated, you agree to pay the Company liquidated damages of ten dollars (US $10.00) for each piece of ‘spam' or unsolicited marketing message transmitted from or otherwise connected with your 247OpenOffice account. You acknowledge that if actual damages cannot be reasonably calculated, these liquidated damages are a reasonable estimation of such damages and are not a penalty. You also agree that the Company may charge such damages to your credit card or other payment method you use to pay for the Services.
(f) Prohibited Charges: You agree that you are not authorized to charge products or services provided to you or at your request to the 247OpenOffice number assigned to you by the Company and that you will not request or otherwise cause any third-party to charge any such products or services to such number. Any such charges will give the Company the right to immediately terminate or suspend your 247OpenOffice account without notice and you further understand and agree that the Company can immediately charge your credit card or other payment method you use to pay for the Services for these products or services.
8. DISCLAIMER OF WARRANTIES
THE COMPANY AND ITS SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND NEITHER THE COMPANY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS ("PROVIDERS") MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. THE COMPANY AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY OR COMPLETENESS. NEITHER THE COMPANY NOR ITS PROVIDERS WARRANT THAT ACCESS TO OR USE OF THE COMPANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE COMPANY SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF THE COMPANY, IN EVALUATING THE SERVICES OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
9. LIMITATION OF LIABILITY
YOUR USE OF THE COMPANY SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING COMPANY SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE COMPANY. YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE ANY COMPANY SOFTWARE OR SERVICES. NEITHER THE COMPANY NOR ANY OF ITS SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES WHETHER WITHIN OR OUTSIDE THE COMPANY'S OR ANY SUCH SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF SERVICES. 247OPENOFFICE SHALL NOT BE LIABLE FOR ANY DELAY IN THE SERVICE OR PERFORMANCE DIRECTLY OR INDIRECTLY CAUSED BY OR RESULTING FROM ACTS OF GOD, FIRE, FLOOD, ACCIDENT, RIOT, WAR, GOVERNMENT INTERVENTION, EMBARGOES, STRIKES, LABOR DIFFICULTIES, POWER FAILURE, EQUIPMENT FAILURE, INTERRUPTION OF BROADBAND OR HIGH-SPEED INTERNET ACCESS, BACKBONE SUPPLIER FAULTS OR BREAKAGE, 247OPENOFFICE EQUIPMENT MALFUNCTION OR ANY NATURAL DISASTER OR OTHER CAUSES BEYOND THE REASONABLE CONTROL OF 247OPENOFFICE .
ALL 247OPENOFFICE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 247OPENOFFICE DOES NOT WARRANT FOR ANY LOSS OF SERVICE TIME, TRANSMISSION ERRORS, CONNECTIVITY OR QUALITY OF SERVICE, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. ANY CLAIM AGAINST 247OPENOFFICE MUST BE MADE WITHIN ONE YEAR OF THE EVENT GIVING RISE TO THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER, AND 247OPENOFFICE SHALL HAVE NO LIABILITY THEREAFTER. 247OPENOFFICE RESERVES THE RIGHT TO INTERRUPT THE SERVICE FOR MAINTENANCE AND SYSTEMS UPGRADES AT ITS DISCRETION.YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO THE COMPANY SOFTWARE AND SERVICES AS SET FORTH HEREIN, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY OR ANY SUCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF THE COMPANY AND ITS PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE COMPANY SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE COMPANY SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S. $500.00. YOU HEREBY RELEASE THE COMPANY AND EACH OF ITS SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
10. CHARGES
a. You agree to pay the Company for Service based subject to prices and charges applicable to selected service plan. There shall be an initial non-refundable set-up fee in the amount of $29.99 for VPA, Customer Support Services and Phone Answering Services, payable by you upon agreeing to this User Agreement. You also agree to pay, if applicable, any connection charges, usage charges, taxes and government imposed or permitted charges.
All hosted PBX & VoIP phone plans are available at projected monthly fees, excluding taxes, overages, and cellular network charges. There will be also a one-time activation fee in the amount of $25 that will be shown in user’s first PBX & VoIP phone bill from 247OpenOffice.
b. Prices: You agree to pay all charges for your use of the Services at the prices then in effect for your plan. The Company reserves the right to charge value-added taxes ("VAT"), sales or other taxes on the Services as it deems appropriate and the Company reserves the right to change prices or institute new charges for access to or use of the Services. The prices and charges for particular Service Plans may depend on various factors, including how a Service Plan is use, how or when a call is placed, the length of the call, and the distance called. All pricing changes will be sent to you by email and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your 247OpenOffice account after changes are sent constitutes your acceptance of the prices as modified by the prices sent. To view your current account balance, along with billing details and any accumulated charges, please click on "Billing and Usage" after logging in to the 247OpenOffice Website.
c. Outbound, Long Distance/International Calling Service : If you choose to have an outbound or long distance/international calling option, where available, all calling charges includinginternational/long distance calling rates, and applicable prices and terms, will apply to your main PBX service calling plan, regardless of the calling plan or basic rate service originally selected for such individual account. For this purpose, the Company will require that you to place a deposit in the amount of $20.00, which will be used to cover all charges, occurred during the placement of outgoing or long distance/international calls. Should your deposit reach the amount of $0.00, you will no longer be able to place any calls until this deposit has been renewed.
d. Conference Calling: Conference calls are billed on a per "leg" basis, each conference participant constitutes a "leg". For example, if there are four participants on a conference call lasting ten minutes, it will consume forty of your minutes.
e. Additional Fees: You will incur charges in addition to the minimum monthly charge if you receive a combined number of fax pages, voicemail messages or you use more minutes through your 247OpenOffice account in excess of that permitted by your plan. Per page usage includes pages received or sent through the Services. For each transmission (sending or receiving), the number of pages is calculated based on the greater of the actual number of pages or the number of full or partial 60-second increments of transmission time. If you are using the Services from certain locations, you may also incur charges levied by your Internet service provider, online service provider and/or long distance carrier to access the Company. When calling or faxing to destinations outside of the continental USA, international rates apply from the first minute. Please contact Customer Service for current international rates.
If a message delivered to your wireless phone exceeds a single SMS in length, your carrier may deliver the message as a series of consecutive SMS messages which will utilize more of your text messages under your plan. Each PBX account includes up to one (1) U.S. telephone number for use with the auto attendant. Each extension for all 247OpenOffice services includes one (1) U.S. telephone number. Additional auto attendants or extension phone numbers may be obtained for an additional monthly fee. You can also obtain phone numbers for your sub-menus (sub auto-attendants) for an additional monthly fee. For information on these additional fees, please contact Customer Service.
11. BILLING
a. Payment
Payment of your 247OpenOffice account balance is due monthly or annually, in accordance with your payment plan, the currency in which it is billed, and must be made by the credit or debit card (hereinafter "credit card" will refer to both credit and debit cards) designated by you for 247OpenOffice use and transactions or through other methods, including monthly invoicing (if you meet certain criteria) or pre-payment by check or credit card. By providing the Company with a credit card number that the Company accepts for payment of all of the charges, the You expressly authorize the Company to satisfy and pay all such charges by payment from the credit card issuer. You agree to pay the credit card issuer all amounts charged to Your credit card. No additional consent or notice are required for billing to that credit card or account. If your 247OpenOffice account is a qualified business account and is approved by the Company for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.
If you pay for the Service by check, you are responsible for immediate payment of invoices. Returned checks will result in a $25 fee applied to your account balance.
Interruption of the Service may be experienced in the event that the account balance is not maintained in the manner described above. A late fee of 1.5% per month may be applied to any unpaid account balance along with a processing fee of $10 per month.
Your set-up fee and monthly or annual service fees, as applicable, are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that the Company may submit charges for your annual service fee annually and for your monthly service fee monthly, plus all applicable usage fees, in each case, without further authorization from you, until you provide prior notice (in accordance with the Company's verification procedures, as may be established by the Company from time to time in its sole discretion) ("Verification Procedures") that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before the Company reasonably could act on your notice. If you sign up for more than one 247OpenOffice number, your first payment for such additional 247OpenOffice number(s) may be prorated to coincide with the monthly/annual anniversary of your first 247OpenOffice number. Failure to use your account will not be deemed a basis for refusing to pay any charges. If you have any questions regarding any charges that have been applied to your 247OpenOffice account, you must contact Customer Service within thirty (30) days of the charge date.
b. Credit Card Payments
Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that the Company is authorized to charge your designated card. If the credit card payment is not received by the Company from the card issuer (or its agent or affiliate), you agree to pay all amounts due upon demand by Company. Your card issuer's agreement governs your use of your designated card, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You are responsible for overdraft fees and all other fees charged by your card issuer. You agree that the Company may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that the Company may delay obtaining authorization from your card issuer until submission of the accumulated charges. This means that accumulated charges may appear on the statement you receive from your card issuer. In order to avoid interruptions in the Services caused by rejected credit or debit card charges, the Company reserves the right to update your credit or debit card details (such as expiration dates or new card numbers) where this is not prohibited by law. You understand and agree that the Company is entitled to obtain such updated card details, store them and use them to bill charges.
c. Pre-Paid Discounts
If you subscribed for a Service pursuant to a special offer granting a pre-paid discount for a fixed term, your pre-paid fees are payable in advance and are COMPLETELY NON-REFUNDABLE. In addition, your initial service fee for the next term immediately following your pre-paid period will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD LIMIT and will be immediately charged to your credit card, without further authorization from you, upon the expiration of such pre-paid period, unless you provide prior notice (in accordance with the Verification Procedures) that you have terminated this authorization. Such notice will not affect charges submitted before the Company could reasonably act on your notice.
d. Providing Notification to Company
You must promptly notify the Company of changes to: (a) the account number or expiration date of your designated credit card; (b) your billing address for the designated credit card and (c) the name of each minor whom you have authorized to use your 247OpenOffice account. You must also promptly notify the Company if your card is canceled (e.g., for loss or theft).
e. Trial Offer
The “Free 7 Day Trial” includes monthly system rental, minute charges, and all options except: vanity phone number activation, transferred phone number activation, 800-prefix number activation, and minute charges for calls originating from- or forwarded to- locations outside of the United States. The trial offer offers 5 hours of VPA service or 100 minutes of Customer Support, Answering Service or PBX phone system to be used within a week .This trial will be offered free of cost if the user continues the service. If the user does not wish to continues the service user will be automatically billed at $5/hour for VPA services or $0.39/minute for Customer Support, Answering Service or PBX phone system. If the user wishes to continue with the service, on the 8th day following the activation of the Service, the Customer will be charged for monthly system rental and any optional features chosen that have recurring monthly fees.
12. TERMINATION OR SUSPENSION
a. By You
You may terminate your 247OpenOffice account at any time, with or without cause, upon notice. In order for you to give such notice, you must contact 247OpenOffice Customer Service. A Customer Service representative will assist you with terminating your account in accordance with the Company's Verification Procedures. Upon termination of your account, the Customer Service representative will provide you with a cancellation number. Your account will not be deemed terminated unless and until you receive the cancellation number.
b. By the Company
The Company may terminate or suspend your 247OpenOffice account at any time, with or without cause, upon notice. The Company reserves the right to do so without prior notice, provided that the Company will attempt to confirm such termination or suspension by subsequent notice. In addition, the Company reserves the right to suspend or terminate your 247OpenOffice account without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to the Company when the Company believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to the Company. The Company reserves the right to limit use of the Services or to terminate any account if we believe unreasonable usage has occurred on such account or if the Services are used in a manner that is not permitted by this Agreement. If your account is suspended or terminated and the Company later reactivates your account, the Company may charge you a re-activation fee of $35. The Company also reserves the right to take any action with respect to the Services that it deems necessary or appropriate in its sole discretion if the Company believes you or your information may create liability for the Company, compromise or disrupt the Services for you or others or cause the Company to lose (in whole or in part) the services of the Company's suppliers.
13. CUSTOMER OF RECORD OF 247OPENOFFICE TELEPHONE NUMBERS
UNDERSTAND AND AGREE THAT YOU WILL HAVE USE OF THE TELEPHONE NUMBER(S) THAT ARE PROVIDED AS PART OF THE SERVICES ONLY UNTIL THE END OF THE TERM OF YOUR AGREEMENT WITH THE COMPANY OR UNTIL THE COMPANY NO LONGER PROVIDES YOU WITH SERVICE, UNLESS YOU SATISFY THE PROVISIONS IN SECTION b BELOW. THE COMPANY IS GRANTING YOU THE REVOCABLE PERMISSION TO USE SUCH TELEPHONE NUMBER(S) IN ACCORDANCE WITH THIS AGREEMENT FOR THE LENGTH OF THE TERM OF THE AGREEMENT. YOU UNDERSTAND THAT THE COMPANY IS THE CUSTOMER OF RECORD OF ALL TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICES AND, THEREFORE, THE COMPANY HAS CERTAIN RIGHTS WITH RESPECT TO THE NUMBER(S), INCLUDING WITHOUT LIMITATION CERTAIN RIGHTS RELATING TO PORTING OF THE NUMBER(S) (“PORTING” IS CAUSING OR ATTEMPTING TO CAUSE NUMBER(S) TO BE TRANSFERRED, SWITCHED, OR OTHERWISE MOVED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY). AS THE CUSTOMER OF RECORD FOR THE TELEPHONE NUMBER(S), THE COMPANY HAS THE DIRECT RELATIONSHIP WITH THE TELEPHONE COMPANY THAT PROVIDES THE UNDERLYING TELECOMMUNICATIONS THAT SUPPORT THE SERVICES YOU RECEIVE FROM THE COMPANY. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT, ITSELF, A TELEPHONE COMPANY AND THEREFORE THE COMPANY IS NOT UNDER ANY LEGAL OBLIGATION TO PERMIT YOU TO PORT ANY TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICE UNLESS YOU SATISFY THE PROVISIONS IN SECTION b BELOW. YOU UNDERSTAND AND AGREE THAT YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY UNLESS YOU SATISFY THE PROVISIONS IN SECTION b BELOW FOR PORTING OUT THE NUMBER(S). IN THE EVENT YOU VIOLATE THE FOREGOING PROVISION, YOU AGREE TO IMMEDIATELY RETURN THE NUMBER(S) TO THE COMPANY AND PAY THE COMPANY AN AMOUNT EQUAL TO US $500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE THE COMPANY TO CHARGE YOUR ACCOUNT CREDIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT AND TO CAUSE THE NUMBER(S) TO BE SO RETURNED. YOU AGREE THAT THIS PAYMENT REPRESENTS LIQUIDATED DAMAGES REFLECTING A REASONABLE MEASURE OF THE ACTUAL OR ANTICIPATED HARM, DAMAGES CAUSED, AND ADMINISTRATIVE FEES INCURRED BY THE COMPANY FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF THE COMPANY'S LOSS AND THAT THIS PAYMENT IS NOT A PENALTY. SOME NON-US JURISDICTIONS DO NOT ALLOW LIMITATIONS TO BE PLACED ON YOUR RIGHT TO PORT THE TELEPHONE NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT APPLY IF YOU OR THE NUMBER(S) ASSIGNED TO YOU ARE LOCATED IN SUCH A JURISDICTION.
a. Non Toll-Free Numbers Provided by the Company May Not be Ported
THE COMPANY IS THE CUSTOMER OF RECORD FOR ALL NON TOLL-FREE NUMBERS PROVIDED BY THE COMPANY TO YOU AND, THEREFORE, THE COMPANY HAS EXCLUSIVE RIGHTS OVER PORTING SUCH NUMBERS. YOU ARE PROHIBITED FROM AND MAY NOT PORT OUT NON TOLL-FREE NUMBERS THAT WERE PROVIDED TO YOU BY THE COMPANY.
b. Telephone Numbers Ported In and Toll Free Telephone Numbers May be Ported Under Certain Conditions
IF YOU "PORTED IN" ANY TELEPHONE NUMBER(S) IN CONNECTION WITH YOUR USE OF SERVICES, THE COMPANY ASSIGNED YOU ONE OR MORE TOLL FREE VOICE SERVICE NUMBERS, OR YOU ARE ENTITLED TO "PORT OUT" A TELEPHONE NUMBER UNDER NON-US LAW, YOU MAY "PORT OUT" SUCH NUMBER(S) IN CONNECTION WITH TERMINATING YOUR ACCOUNT IF, AND ONLY IF, YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO THE COMPANY OF YOUR INTENTION TO "PORT OUT" SUCH TELEPHONE NUMBER(S) NO LATER THAN THIRTY (30) DAYS AFTER PROVIDING THE COMPANY NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT (THE "PORTING NOTICE PERIOD"); (ii) YOUR NEW TELEPHONE CARRIER PROVIDES THE COMPANY?S TELEPHONE CARRIER A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; (iii) YOU HAVE PAID THE COMPANY FOR ALL SERVICES PROVIDED TO YOU PRIOR TO THE DATE YOU PROVIDE THE COMPANY NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT; (iv) PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, THE COMPANY HAS RECEIVED AN ADMINISTRATIVE FEE TO COVER ITS REASONABLE COSTS ASSOCIATED WITH PROCESSING THE PORT IN AN AMOUNT OF $40 (OR THE EQUIVALENT IN LOCAL CURRENCY); AND (v) THE COMPANY HAS SUCCESSFULLY BILLED YOUR CREDIT CARD FOR AN AMOUNT EQUAL TO THREE TIMES THE MONTHLY RECURRING FEE FOR THE SERVICE ORGINALLY ORDERED. YOU HEREBY AUTHORIZE THE COMPANY TO CHARGE YOUR CREDIT CARD IN THE APPLICABLE AMOUNT FOR THE ADMINISTRATIVE FEE IN SUBSECTION (iv) ABOVE AND ANY REMAINING COST TO SATISFY SUBSECTION (v) ABOVE OR TO OTHERWISE ARRANGE TO MAKE THIS PAYMENT TO THE COMPANY WITHIN THE PORTING NOTICE PERIOD. THE PORTING PROCESS CAN BE LENGTHY; IF YOU WOULD LIKE TO MAINTAIN YOUR ACCOUNT WITH THE COMPANY DURING THE PORTING PROCESS, YOU MUST MAINTAIN YOUR ACCOUNT IN AN ACTIVE STATUS AND NOT TERMINATE YOUR ACCOUNT UNTIL THE PORTING OUT IS COMPLETE. REGARDLESS OF WHEN THE PORT OUT IS COMPLETE, YOU WILL CONTINUE TO BE RESPONSIBLE TO PAY ALL APPLICABLE ACCOUNT FEES WITH RESPECT TO THE TELEPHONE NUMBERS UNTIL YOU FORMALLY TERMINATE YOUR SERVICE. IF YOU FAIL TO SATISFY ANY OF THE FOREGOING REQUIREMENTS, THE COMPANY REMAINS THE CUSTOMER OF RECORD OVER THE NUMBER(S) AND YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. THE COMPANY ALSO RETAINS THE RIGHT TO RECLAIM THE NUMBER(S) FROM YOU AFTER THE NUMBER(S) ARE PORTED OUT IN CONTRAVENTION WITH THESE REQUIREMENTS AND TO CHARGE YOUR CREDIT CARD THE US$500 (OR THE EQUIVALENT IN LOCAL CURRENCY) IN LIQUIDATED DAMAGES SET FORTH ABOVE IN THIS SECTION. YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE REQUIREMENTS SET FORTH IN THIS SECTION b, TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS MAY OCCUR WHEN ATTEMPTING TO PORT OUT THESE NUMBERS (E.G. WHEN NO PORTING AGREEMENT EXISTS BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON) AND SUCH DIFFICULTIES OR INTERRUPTIONS MAY PREVENT YOUR NEW CARRIER FROM PORTING THE NUMBERS. THE COMPANY IS NOT RESPONSIBLE FOR SUCH TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS AND YOU WILL RECEIVE NO REFUND OF YOUR ADMINISTRATIVE FEE.
c. Re-assignment of 247OpenOffice Number Upon Termination
You understand and agree that following the termination of your 247OpenOffice account for any reason, your 247OpenOffice number may be re-assigned immediately to another customer. You agree that the Company will not be liable for damages (including consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if the Company has been advised of the possibility of damages.
d. Company's Right to Change Your 247OpenOffice Number
You understand and agree that the Company may from time to time need to change the 247OpenOffice number assigned to you (whether due to an area code split or any other reason whether outside or within the Company's control). You agree that the Company will not be liable for damages (including consequential or special damages) arising out of any such change in the 247OpenOffice number assigned to you and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if the Company has been advised of the possibility of damages.
14. INDEMNIFICATION
You agree to indemnify and hold harmless the Company and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your 247OpenOffice account, including any violation of this Agreement by you or any other person using your account; any claim of libel, defamation, violation of rights of privacy or publicity; any loss of service by other customers; any infringement of intellectual property or other rights of any third parties; or any violation of any laws or regulations prohibiting transmission of unsolicited faxes or emails.
15. OWNERSHIP; NO RESALE OF THE SERVICES
a. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Service are wholly owned by the Company and/or its service providers except where expressly stated otherwise. You may not use the Company's trademarks, trade names, patents, copyrights or other intellectual property rights without the Company's prior written permission.
b. Your right to use the Services is personal to you. You agree not to resell the use of the Services.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
You may enter into correspondence with or participate in promotions of advertisers showing their products on the Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. The Company assumes no liability, obligation or responsibility for any part of such correspondence or promotion.
17. NOTICES; CONSENT
Notices given by the Company to you will be given by email, by a general posting on the 247OpenOffice Website or by conventional mail. Notices given by you to the Company must be given by email or by conventional mail (subject, however, to the Company's Verification Procedures, which may include the requirement that you contact the Company by phone to confirm that any such notice was in fact sent by you). Notices to the Company by conventional mail must be sent to eMedia Marketing Corp., ATTN: 247Open Office, 9100 S Dadeland Blvd., Suite 1500, Miami, FL 33156, U.S.A. In any matter requiring the Company's prior consent, such consent will be considered given only if made in writing by an authorized representative of the Company.
18. GENERAL TERMS
THE LAWS OF THE STATE OF FLORIDA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE COMPANY SOFTWARE AND SERVICES. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE COMPANY SOFTWARE OR SERVICES RESIDES IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF FLORIDA OR A SUPERIOR COURT FOR THE STATE OF FLORIDA. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within one (1) year from the date on which such claim or action accrued. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Company's failure to act with respect to a breach by you or others does not waive the Company's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. The Company shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond the Company's reasonable control. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of email or other messages as provided as part of the Services.
19. ATTORNEY'S FEES.
If 247OpenOffice takes any action to enforce this Agreement, 247OpenOffice will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees, costs, and any cost of arbitration, in addition to any other relief, at law or in equity, to which such parties may be entitled.
20. LEGAL NOTICES
a. Trademark Information
247OpenOffice, VPA, 247 Assistance, Dedicated VPA, PBX Virtual Office, PBX Business Receptionist, PBX Enterprise, among others, are trademarks or registered trademarks of the Company in the United States and other countries.
The Companys' trademarks may be used publicly only with written permission from the Company. Fair use of the Companys' trademarks in advertising and promotion of the Company's services requires proper acknowledgement.
b. Single Copy License
The materials at the 247OpenOffice Site, www.247OpenOffice.com and the web pages within it (the "Site"), are copyrighted and any unauthorized use of such materials may violate copyright, trademark and other laws. You may download one copy of the information or software ("Materials") found on the Site on a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by the Company in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions under which you may not:
1. Modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental;
2. Decompile, reverse engineer or disassemble software Materials except and only to the extent permitted by applicable law;
3. Remove any copyright or other proprietary notices from the Materials;
4. Transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
c. Termination of this License
The Company may terminate this license at any time if you are in breach of the terms of this Agreement. Upon termination, you will immediately destroy the Materials.
d. Ownership of Materials
Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted or distributed in any way without the Company's prior written permission. Except as expressly provided herein, the Company and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information. Other rights may be granted to you by the Company in writing or incorporated elsewhere in the Materials.
e. Links
Links provided on the Site are provided solely as a convenience to you and the provision of any such link does not constitute our endorsement of the linked website or its provider or of any of the content, products or services contained or offered therein. Your use of linked websites is subject to the conditions, if any, that each of those websites has posted. You agree that the Company is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the contents, products, Services or any transmissions received through such websites. You further agree that the Company has no liability whatsoever from such third party websites and your usage of them.
f. Disclaimer
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCENTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Company and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. The Company may make changes to these Materials, or to the services described therein, at any time without notice. The Company makes no commitment to update the Materials.
21. ENTIRE AGREEMENT
This Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.