Terms and conditions
The following terms and conditions govern the TrueVoIP website and
the software and services made available on the website. By
visiting our website and/or using any of our software or services,
you agree to be bound by these Terms & Conditions. When you use a
TrueVoIP service or item of software available from this website,
you will also be subject to all posted agreements applicable to
such individual services or items of software. TrueVoIP reserves
the right to change these Terms & Conditions or its other posted
agreements at any time and to notify you by posting an updated
version on this website.¤ PROPRIETARY RIGHTS TO CONTENT
Content (including but not limited to text, software, music, sound,
photographs, video, graphics or other material) contained on
TrueVoIP’s website, in sponsor advertisements or in
email-distributed by TrueVoIP is protected by copyright, trademark,
service mark, patent or other proprietary rights, laws and
treaties. Except as otherwise provided by law or expressly
permitted herein, you may not modify, copy, reproduce, republish,
upload, post, transmit, or distribute in any way content available
through the website or the services. You understand that neither
TrueVoIP nor its network services supplier is responsible for the
content of the transmissions sent by third parties that may pass
through the Internet and/or the services. All trademarks, service
marks and trade names used on or in connection with the site and
the services are proprietary to TrueVoIP and/or to their
respective owners.¤ ESTABLISHING AN ACCOUNT; MEMBER PRIVACY
To download software and certain services offered by TrueVoIP, you
will be asked to provide certain information. For example, an
email address is required. TrueVoIP uses the information you
provide when you register in accordance with our Privacy Policy,
which you may access on the Privacy Policy page. When you
establish an account with TrueVoIP, you should safeguard your
vPhone number and PIN (Personal Identification Number). You are
solely responsible for all acts or omissions that occur under your
accounts, including the content of transmissions, whether or not
authorized by you. You agree to notify TrueVoIP immediately of any
unauthorized use or any other breach of security.¤ SOFTWARE;
SOFTWARE LICENSE
The software made available through this site is the copyrighted
material of TrueVoIP and its third party suppliers. If TrueVoIP
provides any software to you in connection with the services,
TrueVoIP grants you a personal, non-exclusive, non- transferable
license for the duration of your use of the services to install
and use such software in object code form only on one piece of
hardware for the sole purpose of enabling the services. You may
not copy, distribute, reverse engineer, decompile, disassemble or
otherwise reduce to human readable form any software provided by
TrueVoIP in connection with the services.¤ TrueVoIP ACCOUNT
Funds in your TrueVoIP account may not be immediately available
for use owing to the need to verify funds availability. Funds in
an inactive account may expire after 18 months if unused at the
sole discretion of TrueVoIP Rates charged for calls are subject to
change without notice.¤ USER CONDUCT
Any unauthorized commercial use or resale of the software or
services is expressly prohibited. You agree to abide by all
applicable local, state, national and international laws and
regulations.By way of example, and not as a limitation, you agree
NOT to:
Use any service in connection with chain letters, junk email,
spamming or any duplicative or unsolicited messages;
harvest or otherwise collect information about others, including
email addresses, without their consent;
create a false identity or forged email address or header, or
otherwise attempt to mislead others as to the identity of the
sender or the origin of the message;
transmit through the services unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature;
transmit any material that may infringe the intellectual property
rights or other rights of third parties, including trademark,
copyright or right of publicity;
transmit any material that contains viruses, Trojan horses, worms,
time bombs, cancel bots, or any other harmful or deleterious
programs;
violate any U.S. law or regulation regarding the transmission or
export of technical data or software from the United States
through the services;
interfere with or disrupt networks connected to the service or
violate the regulations, policies or procedures of such networks;
attempt to gain unauthorized access to the services, accounts of
others, computer systems or networks connected to the services,
through credit card fraud, password mining or any other means; or
interfere with another member's or entity's use and enjoyment of
the services.
TrueVoIP will immediately terminate any user that TrueVoIP, in its
sole discretion, believes is violating any of the foregoing.
TrueVoIP does not guarantee call quality or connectivity, and will
not be responsible or liable for reimbursement of lost minutes or
reduction in the stored value of any vPhone account. Connection to
a wrong number is a valid call.
¤ USAGE
Higher rates will apply for calls completed to international
cellular phones.All sales are final. Phones and airtime once
issued/revealed are Non Refundable, Non Transferable and Non
Exchangeable. Phone airtime has no cash value.
Calling rates, billing increments, fees, taxes, and other charges
are subject to change any time, without notice. TrueVoIP will not
be responsible or liable for any change in calling rates, billing
increments, fees, taxes, and other charges.
TrueVoIP does not guarantee call quality or connectivity, and will
not be responsible or liable for reimbursement of lost minutes or
reduction in the stored value of any vPhone account. Connection to
a wrong number is a valid call.
Service outages extending over few hours to a couple of days may
occur. TrueVoIP will not be liable for such outage, and customers
shall have no right to any refund, credit, compensation or damages
from TrueVoIP because of service outage or any other situation
arising out of service outage.
TrueVoIP reserves the right to issue minutes credit in lieu of
credit on credit/debit card of the customer.
¤ INDEMNIFICATION
You agree to indemnify and hold TrueVoIP, its affiliates, officers,
directors, employees, and network services suppliers harmless from
any claim, demand, or damage, including reasonable attorneys' fees,
asserted by any third party due to or arising out of your use of
or conduct on the services provided by TrueVoIP¤ EMERGENCY CALLS
YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY / 911 CALLS ARE NOT
INTENDED TO BE CARRIED BY THE SOFTWARE OR SERVICES AND THAT
NEITHER TrueVoIP, ITS EMPLOYEES, AGENTS, AFFILIATES, NOR ITS
NETWORK SERVICES SUPPLIERS ARE OR WILL BE LIABLE FOR SUCH CALLS OR
FOR YOUR FAILURE TO COMPLETE SUCH CALLS USING THE SOFTWARE OR
SERVICES.¤ YOUR DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
The TrueVoIP website and the services TrueVoIP provides may
include information and links to content from third parties.
Inclusion of such information and links does not signify
TrueVoIP's endorsement of the information or third party. Any
dealings with third party advertisers found on the website,
including purchase and payment for goods and services, and any
other terms, conditions, warranties or representations associated
with such dealings, are solely between you and the advertiser.
TrueVoIP shall not be responsible or liable for any such dealings
or as a result of the presence of such advertisers on the website.¤
DISCLAIMER OF WARRANTIES
TrueVoIP DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS
OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES. TrueVoIP IS NOT
RESPONSIBLE FOR ANY SUCH INFORMATION, PRODUCTS, SERVICES OR
MATERIALS AVAILABLE THROUGH OR PROVIDED BY ANY THIRD PARTY, AND
DOES NOT WARRANT OR REPRESENT THAT ANY SUCH INFORMATION, PRODUCTS,
SERVICES OR MATERIALS ARE CORRECT, ACCURATE, OR RELIABLE.¤ FOR THE
SOFTWARE AND SERVICES TrueVoIP PROVIDES THROUGH THIS WEBSITE, TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW TrueVoIP EXPRESSLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, MERCHANTABLE QUALITY, CORRESPONDENCE TO
DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
TrueVoIP DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SOFTWARE OR THIS WEBSITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TrueVoIP DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS
OF THE USE OF THE SOFTWARE OR SERVICES AVAILABLE THROUGH THE
WEBSITE OR FROM THIRD PARTIES WILL BE CORRECT, ACCURATE, TIMELY,
RELIABLE OR OTHERWISE, OR THAT CALLS MADE USING THE SERVICES WILL
BE UNINTERRUPTED OR ERROR FREE OR WITHOUT PACKET LOSS.¤ LIMITATION
OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL
TrueVoIP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE
INABILITY TO USE ANY SOFTWARE OR SERVICE, ANY CHANGES TO THE
SOFTWARE OR ANY SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED
OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH
THE SERVICE. YOU SPECIFICALLY AGREE THAT TrueVoIP IS NOT
RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY
RIGHTS. IF YOU ARE DISSATISFIED WITH THE SOFTWARE, A SERVICE, THE
MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, OR WITH ANY OF
TrueVoIP'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE ACCESSING THE WEBSITE AND/OR USING ANY OF TrueVoIP
'S SOFTWARE AND/OR SERVICES.¤ EXPORT
You agree to comply with U.S. export laws and regulations as they
may be amended from time to time concerning the transmission of
technical data and other regulated materials via the Internet or
otherwise. By downloading any software, you certify that you are
not a national of any country to which the US embargoes services
or technology and that you are not a person on any list prohibited
by US law or regulation from receipt of such software of
technology.¤ US GOVERNMENT -- RESTRICTED RIGHTS
Software and accompanying documentation are "commercial computer
Software" and "commercial computer Software documentation",
respectively, under DFAR Section 227.7202 and FAR Section 12.212 (CFR
Title 48). Any use, reproduction, modification or disclosure of
the Software and/or Software documentation by the US government
will be governed solely by these Terms and Conditions and is
prohibited unless expressly permitted by these Terms and
Conditions.¤ GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in
accordance with the laws of the United States.You and TrueVoIP
agree to submit to the exclusive jurisdiction of the courts of the
United States. If any provision of these Terms and Conditions is
held by a court of competent jurisdiction to be contrary to law,
then such provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the parties, with the other
provisions remaining in full force and effect.
TrueVoIP's failure to exercise or enforce any right or provision
of these Terms & Conditions shall not constitute a waiver of such
right or provision unless acknowledged and agreed to by TrueVoIP
in writing.
You and TrueVoIP agree that any cause of action arising out of or
related to the software or a service must commence within one (1)
year after the cause of action arose; otherwise, such cause of
action is permanently barred.
The section titles in these terms and conditions are solely for
the convenience of the parties and have no legal or contractual
significance.
¤ TERMINATION
TrueVoIP may terminate any or all of the services or the right to
use software with or without cause at any time and effective
immediately. In addition, TrueVoIP, in its sole discretion, may
terminate any other account for violation of the letter or spirit
of these Terms & Conditions.
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