BY PRESSING THE 'I ACCEPT'
BUTTON, YOU (HEREINAFTER THE 'USER') ARE
STATING THAT YOU AGREE TO ACCEPT AND BE
BOUND BY ALL OF THE TERMS AND CONDITIONS
OF THIS AGREEMENT. DO NOT PROCEED
IF YOU ARE UNABLE TO AGREE TO THE TERMS
AND CONDITIONS OF THIS AGREEMENT. THESE
TERMS AND CONDITIONS OF SERVICE FOR USE
OF IPCALL2PHONE SERVER (THE 'AGREEMENT')
CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN
IPCALL2PHONE AND THE ENTITY THAT AGREES
TO AND ACCEPTS THESE TERMS AND CONDITIONS.
ACCESS TO IPCALL2PHONE’s SESSION
INITIATION PROTOCOL SERVER ('SIP SERVER')
IS BEING PROVIDED ON AN 'AS IS' AND 'AS
AVAILABLE' BASIS, AND IPCALL2PHONE MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, WITH
RESPECT TO USER'S ACCESS OF THE SIP SERVER,
INCLUDING BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT, TITLE
OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER,
IPCALL2PHONE MAKES NO REPRESENTATIONS OR
WARRANTIES THAT THE SIP SERVER, OR USER'S
ACCESS THERETO, WILL BE AVAILABLE AT ANY
GIVEN TIME, OR WILL BE FREE FROM ERRORS,
DEFECTS, OMISSIONS, INACCURACIES, OR FAILURES
OR DELAYS IN DELIVERY OF DATA. USER ASSUMES,
AND IPCALL2PHONE DISCLAIM, TOTAL RISK,
RESPONSIBILITY, AND LIABILITY FOR USER'S
ACCESS TO AND USE OF THE SIP SERVER.
Access to IPCALL2PHONE
Server is being provided on a non-exclusive
basis. User acknowledges and understands
that IPCALL2PHONE site is in a developmental
stage and that IPCALL2PHONE makes no
guarantees regarding the availability
or functionality thereof. User may not
sublicense its access rights to the SIP
Server to any third party.
USER AGREES TO INDEMNIFY,
DEFEND AND HOLD IPCALL2PHONE, ITS AFFILIATES,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS
AND LICENSORS HARMLESS FROM AND AGAINST
ANY AND ALL CLAIMS, ACTIONS, EXPENSES,
LOSSES, AND LIABILITIES (INCLUDING COURTS
COSTS AND REASONABLE ATTORNEYS' FEES),
ARISING FROM OR RELATING TO THIS AGREEMENT
INCLUDING USER'S ACCESS TO AND USE OF THE
SIP SERVER TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL IPCALL2PHONE
OR ANY OF ITS LICENSORS, BE LIABLE FOR
ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES, ARISING OUT OF
THE ACCESS TO OR USE OF OR INABILITY TO
ACCESS OR USE THE SIP SERVER, OR THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS
IN TRANSMISSION OR OPERATION OR ANY FAILURE
OF PERFORMANCE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
If User commits, in IPCALL2PHONE’s
sole determination, a default of these
terms and conditions, IPCALL2PHONE may
immediately terminate User's access to
the SIP Server. Furthermore, IPCALL2PHONE
reserves the right to discontinue offering
access to the SIP Server at any time.
User may not assign its
rights hereunder without the prior written
consent of voip.IPCALL2PHONE. User agrees
to comply with all laws, regulations and
other legal requirements that apply to
these terms and conditions.
If any provision of this
Agreement is held to be unenforceable for
any reason, such provision shall be reformed
only to the extent necessary to comply
with applicable laws, and the remainder
shall remain in full force and effect.
Any failure of IPCALL2PHONE
to enforce any provision of this Agreement
shall not constitute a waiver of any rights
under such provision or any other provision
of this Agreement.
USER ACKNOWLEDGES THAT
IT HAS READ THIS AGREEMENT, UNDERSTANDS
IT, AND AGREES THAT IT IS THE COMPLETE
AND EXCLUSIVE STATEMENT OF THE ENTIRE AGREEMENT
BETWEEN COMPANY AND IPCALL2PHONE WITH RESPECT
TO THE SUBJECT MATTER HEREIN, AND SUPERSEDES
ALL PRIOR AND CONTEMPORANEOUS PROPOSALS,
DISCUSSIONS, AGREEMENTS, UNDERSTANDINGS,
AND COMMUNICATIONS, WHETHER WRITTEN OR
ORAL AND MAY BE AMENDED ONLY IN A WRITING
EXECUTED BY BOTH USER AND IPCALL2PHONE. |