My Guy Solutions, LLC Terms of Service
By registering, accessing or using any services developed, operated, maintained or hosted by My Guy Solutions, LLC. including all websites and IP addresses available at and configured for use at https://www.myguysolutions.com, (“Service”), you agree to be bound to the following terms and conditions (“Terms of Service.”). The following Terms of Service apply to all versions of the Service, whether they be Free, Trial, ALPHA, BETA, Pre-Release, Full Release, Educational, Non-Profit, Complete or any Paying version of the Service.
My Guy Solutions, LLC reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.myguysolutions.com/terms-and-conditions/
Violation of any of the terms below will result in the termination of your Account. While My Guy Solutions, LLC prohibits such conduct and Content on the Service, you understand and agree that My Guy Solutions, LLC cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. My Guy Solutions, LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- If you are using a free account you are not permitted to block ads.
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Customers may access their My Guy Solutions, LLC account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses My Guy Solutions, LLC, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that My Guy Solutions, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if My Guy Solutions, LLC has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to My Guy Solutions, LLC via the API may result in the temporary or permanent suspension of your account’s access to the API. My Guy Solutions, LLC, in its sole discretion, will determine abuse or excessive usage of the API. My Guy Solutions, LLC will make a reasonable attempt via email to warn the account owner prior to suspension.
- My Guy Solutions, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
- To administer features beyond the scope of the Free Version, users must select a payment plan and subscribe to My Guy Solutions, LLC.
- You may upgrade your Free Version to a paying plan anytime. By upgrading to a paying plan your Free Version will end. Your billing cycle begins immediately on the day you upgrade your Service.
- Services are billed in advance and in accordance with the payment schedule you select: monthly, quarterly or annually. My Guy Solutions, LLC will continue to bill your credit card or invoice you automatically on the monthly, quarterly or annual billing cycle in accordance with the payment schedule you select.
- Usage and Transaction fees will be billed on the following billing cycle on a monthly basis regardless of service billing interval according to the payment plan you selected.
- All fees are exclusive of all taxes or duties imposed by taxing authorities.
- You may use our online upgrade/downgrade service, or send us email to email@example.com and we will upgrade or change your plan accordingly.
- All payments rendered are non-refundable. You may cancel at anytime, by simply logging into your account and processing online. Refunds and/or credits cannot be issued for partial months or periods pre-paid in advance.
- All cancellation notices are made effective immediately upon receipt. Refunds and/or credits cannot be issued for unused partial months or periods pre-paid in advance. Upon cancellation, My Guy Solutions, LLC will destroy all content, data, information, text, files, documents, images and feeds that were created and accessed during your subscription to the Service.
- My Guy Solutions, LLC may change the prices for any of its Services upon 30 days notice via the My Guy Solutions, LLC website (https://www.myguysolutions.com) or through the Service itself. My Guy Solutions, LLC will not raise or lower prices for pre-paid periods in advance. Any price changes will be made effective upon the next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. My Guy Solutions, LLC does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- My Guy Solutions, LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other My Guy Solutions, LLC service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. My Guy Solutions, LLC reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- My Guy Solutions, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the My Guy Solutions, LLC Site (https://www.myguysolutions.com) or the Service itself.
- My Guy Solutions, LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All content posted on the Service is must comply with U.S. copyright law. Please review our copyright compliance policy.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- My Guy Solutions, LLC does not pre-screen Content, but My Guy Solutions, LLC and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright©2010 My Guy Solutions, LLC, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from My Guy Solutions, LLC.
- By submitting, disclosing, or offering any recipe, review, photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to My Guy Solutions, LLC, either online or offline and whether or not solicited by My Guy Solutions, LLC, you hereby grant to My Guy Solutions, LLC an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party.
- You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at My Guy Solutions, LLC expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by My Guy Solutions, LLC to effect, perfect, and confirm the license granted to My Guy Solutions, LLC to your Submitted Item as set forth herein.
- Publication or use of any Submitted Items is at the sole discretion of My Guy Solutions, LLC and My Guy Solutions, LLC is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Web site or otherwise used by My Guy Solutions, LLC, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant My Guy Solutions, LLC the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item; however, only your name and not your e-mail address will be published with your Submitted Item.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that My Guy Solutions, LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, My Guy Solutions, LLC, or any other My Guy Solutions, LLC service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by My Guy Solutions, LLC.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any My Guy Solutions, LLC customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by My Guy Solutions, LLC) of other My Guy Solutions, LLC customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- My Guy Solutions, LLC does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that My Guy Solutions, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if My Guy Solutions, LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of My Guy Solutions, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and My Guy Solutions, LLC and govern your use of the Service, superseding any prior agreements between you and My Guy Solutions, LLC (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Voice over Internet Protocol Services
- General Description. Voice over Internet Protocol services, which may be offered by Provider in a variety of forms and packages (each being a “VoIP Service” and collectively being the “VoIP Services”). The VoIP Service(s) shall consist of a combination of software solutions, products, networks, services and hosting facilities (the “Network”), components of which Provider has been granted access and/or licenses to by third party licensors, suppliers, vendors, and subcontractors (“Third Party Vendors”). In no event shall Provider’s use of, or contractual arrangement with any Third Party Vendors create any agency, employment, joint venture, partnership, representation or fiduciary relationship, and neither Provider nor its Third Party Vendors shall have the authority to create any obligation on behalf of the other.
- Non-Regulated Provider. The Customer acknowledge that Provider is not a regulated carrier and does not provide telecommunications services or other regulated services. Rather, Provider provides management services whereby Provider arranges for Third Party Vendors, including certificated carriers, to provide the underlying services. In addition, different regulatory treatment may be applied to all or aspects of the VoIP Service(s) than is applied to other telecommunications services, which may affect Customer’s rights before regulatory agencies and other governmental bodies.
- Fees. Rate Decks establish the Fees of certain of the VoIP Services. Customer is responsible to select a Rate Deck that is appropriate for the Customer’s needs from the available Rate Decks. Customer agrees that Customer is responsible, and not Provider, for the selection of a Rate Deck and Customer is responsible, and not Provider, for any cost associated with selection or non-selection of any Rate Deck. In addition, certain fees and charges associated the VoIP Service(s) shall be set forth within each VoIP Service’s respective Order Form, other fee schedules, these Terms of Service and/or other policies and/or rate decks furnished by Provider from time to time, all of which may be amended by Provider in its sole discretion. Provider will reasonably try to provide customer with notice of any rate or fee increases; however, Provider reserves the right to modify any fees and/or rates without notice.
- Modifications to Service. Provider and any Third Party Vendor may modify, expand, decrease, improve, maintain and/or repair the Service(s) or Network at any time and without liability to the Customer or any third party although such process may require a suspension of VoIP Service(s) or increased rates.
- Compatibility. Traffic carried by the VoIP Service(s) must be IP originated. Customer acknowledges and agrees that the VoIP Service(s) may not be compatible with all communication equipment.
- Power Outages. The VoIP Service does not function in the event of power failure. Should there be a power interruption in the power supply, the VoIP Service will not function until power is restored. A power failure or disruption may require that Equipment be reset or reconfigured prior to utilizing the VoIP Service. Power disruptions or failures will also prevent dialing to emergency service numbers including any 911 calling feature that may be activated in or accessed by the VoIP Service.
- Non-Supported Calling. Provider does not support 0+ calling (including without limitation collect or third party billing), 900 and 976 calls, and 10-10 “dial-around” calls. The VoIP Service(s) may not support 311, 411, 511 and/or other x11 services in some or all VoIP Service areas. Customer understands and acknowledges that access to the aforementioned functionality is not part of the VoIP Service(s).
- Short Message Service (SMS). Customer may purchase SMS Services from Provider (the “SMS Services”) for person to person inbound and outbound text messaging. Customer shall at all times comply with laws and regulations governing the use of SMS Services including those that control use of SMS for marketing or solicitation purposes. Provider will deliver SMS messages to the best of its ability, but does not guarantee that any message sent via the SMS Services will reach the intended recipient. SMS messages are delivered in plain text and are not secured. Customer accepts responsibility for, and Provider accepts no responsibility for, any SMS message communicated via the SMS Services, including any message that is received by a party other than one intended by the sender.
- Call Failover Service. Customer may purchase Call Failover Service, whereby an unanswered call is to be forwarded to a secondary Customer selected number. Provider does not guarantee that any call acted upon by the Call Failover Service will reach the secondary number selected by Customer. The Call Failover Service is only to be used in the case of a temporary failure that prevents delivery of the call to the target number. Customer agrees not to provide a Call Failover number that has not been issued to Customer for its own use. Customer is responsible to provide the secondary number to Provider. Provider accepts no responsibility for any calls that are forwarded to a party other than Customer.
- Fax to Email Service. If Customer purchases Fax to Email Service from Provider, facsimiles received at the number designated for Fax to Email Service will be converted to emails and delivered to Customer in an unsecured email format. Accordingly, Customer should not receive sensitive documents via the Fax to Email Service and accepts responsibility for all communications received via the Fax to Email Service. Provider accepts no responsibility for any communication that is accessed by an unintended third party or for any communication or lack of communication that uses or attempts to use the Fax to Email Service. Provider does not guarantee that any fax sent to the Fax to Email Service will be properly converted to email and does not guarantee that any fax sent to the Fax to Email Service will be delivered to the Customer.
- Email to Fax Service. If Customer purchases Email to Fax Service from Provider, emails sent from the number designated for Email to Fax Service will be converted to facsimiles and delivered to a Customer designated facsimile number in an unsecured format. Accordingly, Customer should not send sensitive documents via the Email to Fax Service. Provider accepts no responsibility for any communication that is accessed by an unintended third party or for any delivery, mis-delivery, or non-delivery of a communication that uses or attempts to use the Email to Fax Service. Provider does not guarantee that any fax sent to the Fax to Email Service will be properly converted to email and does not guarantee that any fax sent to the Fax to Email Service will be delivered to Customer. Customer agrees not to use the Email to Fax Service to send advertisements or solicitations of any kind in a manner prohibited by law. Customer agrees to use the Email to Fax Service only to a communication to a single recipient known to the sender each time the Email to Fax Service is used.
- International Voice Termination. If Customer purchases International Voice Termination Service from Provider, rates shall be as set forth in the Rate Deck or Rate Decks offered by Provider for such Services. International Services and rates that Provider will charge Customer are subject to change with or without notice. Provider does not guarantee international call delivery and may block routes it determines may be improperly using the Services at any time.
- Hosted Billing Services. If Customer purchases hosted billing Services, such Services shall be provided primarily by Third Party Providers. Use of such Services does not relieve Customer of responsibility for the preparation, content, accuracy (including computational accuracy), and reviewof tax calculations or returns prepared by Customer while using the Services. Customer will neither inquire nor rely upon Provider for any tax, accounting, legal or other professional or expert advice of any kind. Customer will comply with all State electronic filing regulations as shall be in effect from time to time. Customer is solely responsible for providing all complete, correct and necessary information directly to taxing authorities. Provider cannot guarantee that taxing authorities will accept all returns. Customer is fully and solely responsible for: (i) use of the Services; (ii) all results obtained from the Services; (iii) selecting, obtaining and maintaining all hardware, software, computer capacity, Internet service, program and system resources and other equipment and utilities needed for access to and use of the Services, and for all costs associated therewith; and (iv) selection, use of, and results obtained from any other programs, computer equipment or services used with the Product.
- Voice Response Services for Toll Free Services. In the event an inbound Toll Free Call is sent to Customer and such call is not accepted by Customer’s equipment or such equipment is unable to complete the call for any reason, Customer shall be responsible for any and all surcharges levied onto Customer by Provider for such incomplete call. In attempt to assist Customer to avoid such surcharges, Provider will automatically provide Customer Voice Response Services (“CVRS”) designed to redirect incomplete Toll-Free Calls to Provider’s Voice Response platform, which will complete the call and provide an automated voice message. The CVRS is not a message recording system and the sender of the call will not be able to leave a message or interact with the platform in anyway. The sender of the call will receive an automated message that generally indicates that the call is not able to be completed at this time. Unless notice is provided to the contrary, CVRS will be provided at no cost to Customer. Customers may opt out of the Toll-free CVRS at any time by using the Back Office Settings Page. Provider reserves the right to stop providing CVRS to Customer at any time for any or no reason. Provider does not make, nor does it intend to make, representations or warranties with respect to the Toll-free CVRS, including any representation that the CVRS will work in every event or error free. Customers shall remain responsible to complete inbound traffic to any Toll Free number associated with their account, and in the event the CVRS is not able to complete a call for any reason, Customers shall remain responsible for any and all surcharges associated with incomplete the call.
- Activity. Customer agrees it is responsible to pay for any and all activity related to the Services purchased by Customer, including all international calls made from any IP address Customer has registered with Provider. Customer agrees that Provider shall have the right to, temporarily or permanently, at Provider’s sole discretion, immediately terminate Customer Services or any communication if suspicious activity occurs. Examples of suspicious activities include, for example, any communication lasting more than thirty (30) minutes and excess daily usage, as determined by Provider. The above shall in no way limit other Rights of Provider with respect to Prohibited Activities or otherwise under law or equity.
Unlawful and Prohibited Use
- Automated Calling Prohibition. Unless Customer purchases the short duration calling VoIP Service from Provider, Customer agrees that all calls it originates through the VoIP Services shall be initiated by a human user and conducted by that human user. Unless otherwise agreed upon in writing, Customer agrees that it shall not use the VoIP Services to initiate any automated communication. Customer shall ensure that any and all automatic Calling shall be at all times conducting in compliance with federal, state and local, laws regulations and rules.
- General Prohibitions. Customer is expressly prohibited from using the VoIP Service(s) in a manner that would, in any way, constitute or encourage conduct that is improper, including uses that are criminal in nature, that may give rise to a civil liability, or that otherwise violates any applicable laws or regulations. Examples of such improper uses include, without limitation, attempts at phishing or otherwise improperly attempting to gain access to financial information and making calls to numbers included in a government Do Not Call List. In addition, Customer are is expressly prohibited from using the VoIP Service(s): (i) for any abusive or fraudulent purpose; (ii) in a manner that enables Customer to avoid any obligation to pay for the VoIP Service(s); (ii) in a manner that is deemed to interfere with, disrupt, or present a risk to the VoIP Service(s), Network, software, property, or security of Provider, its customers, its Third Party Vendors or other third parties, whether directly or indirectly; (iv) in a manner that results in usage inconsistent with Provider’s expectations or the purpose for which Provider is providing the VoIP Service(s); and/or (v) in a manner that may violate these Terms of Service, or the policies of Provider. Customer shall provide, at its cost, all reasonably necessary security equipment, software, facilities and other apparatuses to ensure that the Service(s) are not used in a fraudulent or unauthorized manner, whether by Customer and any third party.
- Rights. If Provider determines, in its sole discretion, that Customer is or any of its customers are using the VoIP Service(s) in a manner that violates or is contrary to this Section then Provider, as well as any effected Third Party Vendors, shall have the right, without liability, to block, suspend or terminate the VoIP Service(s), or any part thereof, without notice. Customer shall be responsible for any liabilities and obligations arising from Customer’s use of the VoIP Service(s) that is contrary to, or violates this Section. Customer agrees to indemnify and hold Provider, the Third Party Vendors, and the parent companies, sister companies, employees, directors, officers and shareholders of the same, harmless from and against any and all claims, liabilities, losses, judgments, damages and expenses, including without limitation attorneys’ fees and costs of litigation, incurred or suffered by such party relating to or arising out of Customer’s violation of this Section. If Provider, in its sole discretion, believes that Customer’s actions or omissions may be considered criminal in nature, Provider may forward personally identifiable information to the appropriate authorities for investigation and prosecution. Customer hereby consents to such forwarding.
- Suspicious Activity Service Termination. In addition to and not to limit any other rights of Provider, Provider has right to suspend or terminate VoIP Service if Provider, in its sole discretion, believes that any activity on the Customer account is or could be suspicious in nature.
- Use of Service outside the United States. Customer shall be liable for any and all use of the VoIP Service and/or Equipment by any person outside of the United States. Transport or sale of the Device outside of the United States may result in a violation of U.S. or foreign technology import/export laws or rules; compliance with which is Customer’s sole responsibility, and you agree to indemnify and hold Provider harmless from any and all liability associated with claims arising therewith. Customer agrees to indemnify and hold Provider, the Third Party Vendors, and the parent companies, sister companies, employees, directors, officers and shareholders of the same, harmless from and against any and all claims, liabilities, losses, judgments, damages and expenses, including without limitation attorneys’ fees and costs of litigation, incurred or suffered by such party relating to or arising out of the aforementioned.
- Provider reserves the right to audit, track or monitor Customer’s use of the VoIP Service(s) to (a) enforce the provisions of these Terms of Service; (b) conform to legal requirements or comply with legal process; (c) protect and defend the rights or property of Provider or any Third Party Vendors; (d) respond to request for identification in connection with a claim of copyright or trademark infringement, or unlawful activity; (e) act to protect the interests of Provider’s customers or such Customer’s Users; (f) conform to Provider’s contractual obligation with any Third Party Vendor; or (g) provide the VoIP Service(s). Customer agrees that these Terms of Service are sufficient notice to Customer of such monitoring to the extent any notice is required under applicable federal or state law.
- Customer agrees that if a Service Order submitted by Customer is accepted by Provider, Customer shall pay all charges and amounts associated with the Service(s) and Customer’s account(s), regardless of whether such amounts result from fraudulent or unauthorized activities by third parties. Customer shall comply with Providers billing and payment policies that are in addition to the provisions set forth herein, as the same may change from time to time in Provider’s sole discretion.
- Customer shall be responsible for accurately providing Provider with Customer’s valid payment information, including the payment method, and maintaining and updating the same at all times.
- Customer shall ensure that all amounts billed hereunder are available each time Provider attempts to charge or debit any account designated for such purposes. Provider shall charge Customer a service fee in the amount of $30.00 each time Provider attempts to charge or debit such designated account and such charge or debit is rejected due to insufficient funds.
- If Provider charges Customer for Service(s) pursuant to these Terms of Service and Customer places a chargeback with its credit card company for any reason, Provider shall charge Customer a fee in the amount of $150.00. In addition, Provider shall consider credit card chargebacks as fraud if it believes that the amounts charged to Customer’s account were proper pursuant to these Terms of Service. Provider will pursue all criminal and civil remedies available to recover losses incurred as a result of Customer’s chargeback.
- Customer hereby waives any and all claims, actions or suits against Provider, and its parent companies, Affiliates and subsidiaries, and such entities’ employees, officers, directors and shareholders, and releases the same from any errors, omissions and/or liabilities that may arise due to the processing of aforementioned charge or debit transaction.
- CUSTOMER ACKNOWLEDGES THAT PROVIDER WILL NOT, NOR IS IT RESPONSIBLE TO, MONITOR CUSTOMER(S) ACCOUNT FOR FRAUDULENT OR UNAUTHORIZED ACTIVITIES, OR ACTIVITIES THAT MAY RESULT IN INCREASED COSTS TO CUSTOMER. CUSTOMER AGREES THAT IT IS ENTIRELY RESPONSIBLE TO MONITOR ALL ACTIVITIES ATTRIBUTED TO ITS ACCOUNT(S). IF CUSTOMER BELIEVES THAT ANY SERVICE IS BEING USED IN A FRAUDLENT OR UNAUTHORIZED MANNER THROUGH ITS ACCOUNT, THEN CUSTOMER MUST NOTIFY PROVIDER OF SUCH ACTIVITIES AND PROVIDER WILL REASONABLY ASSIST CUSTOMER TO PREVENT SUCH INDIVIDUALLY IDENTIFIED ACTIVITIES.
- Customer shall pay charges in addition to those charges normally associated with the Consumption of the Service(s) in those circumstances in which costs and expenses are generated by Customer and incurred by Provider, including but not limited to: (i) costs associated with Provider’s employees, agents or third parties assisting Customer with problems relative to Customer’s network, equipment or service outage if Provider determines that the outage was not a result of Provider’s network or facilities; and (ii) excessive costs associated with Provider’s employees, agents or third parties compliance with criminal, quasi criminal or civil subpoenas, court orders, and/or the like, that relate to Customer or third parties that access and/or use the Service(s) by and through the Customer.
- Provider may require Customer to commit to and pay a minimum monthly fee for certain Services. Such minimum commitment shall be set forth on the respective Order Form. Customer acknowledges that if a minimum commitment is required by Provider at the time the Service(s) is purchased, Customer shall be responsible for and shall pay the minimum monthly fee throughout the Term of the Service(s), regardless of whether Customer actually consumes any of the Services.
- Customer is responsible for and must pay any applicable federal, state, local, or other governmental sales, use, excise, public utility, or other taxes, regulatory fees, and charges now in force or enacted in the future, as well as other additional costs that may arise as a result of the Customer’s consumption of the Service(s). Similarly, Provider may pass through to Customer taxes and fees owed by Provider to the extent permissible by law. Said amounts, if any, are in addition to set-up fees or charges associated with the consumption of the Service(s). If Customer is exempt from paying any taxes or fees, Customer must provide documentation, acceptable to Provider, certifying that Customer is exempt. Tax exemption will only apply from and after the date Provider acknowledges Customer’s exemption request. Customer agrees to indemnify and hold Provider, the Third Party Vendors, and the parent companies, sister companies, employees, directors, officers and shareholders of the same, harmless from and against any and all claims, liabilities, losses, judgments, damages and expenses, including without limitation attorneys’ fees and costs of litigation, incurred or suffered by such party relating to or arising out of any exemption claimed by Customer.
- As a condition of accepting a Service Order, providing Service(s) to Customer or continuing to provide Service(s) to Customer, Provider may require Customer to make a security deposit, which shall be due upon Provider’s written request. Upon termination of Services, Provider may apply such deposit to any fees, charges or other amounts unpaid by Customer.
- Provider may permit Customer to provide to Provider one or more payment facilities, including one or more credit facilities or credit card accounts, which may be provided in writing, through a secure internet based facility, or otherwise, to be used for payment of any amount due from Customer to Provider. Provider may draw any amount due from Customer to Provider from any payment facility provided by Customer.
- For certain Services, Provider may provide invoices and related billing notifications to Customer by email. Provider will provide such invoices and related billing notification emails to one or more emails provided by Customer. Customer agrees that it is responsible to provide desired email addresses to Provider. Provider accepts no responsibility for invoices or related billing notifications that are not received by Customer due to an improper email address being provided by Customer and Provider accepts no responsibility for sending invoices or related billing notifications to any Customer provided email address. Provider accepts no responsibility for any interruption in Services or other harm caused to Customer due to one or more invoices or related billing notifications that are not received by Customer because the invoice or related billing notification was sent to an improper email address provided to Provider by Customer.
- Provider may immediately suspend, restrict or terminate the Service(s)s, without notice or liability, if Provider does not receive payment of all amounts billed to Customer by the required due date and/or all amounts that must be prepaid in order to continue the provision of the Service(s). In addition, Provider may add interest charges to any past-due amounts at a rate equal to the lesser of 2.5% per month or the maximum rate allowed by law, prorated for each day payment is past due. Service suspension or cancellation will result in Customer’s loss of the numbers associated with the Service(s). Acceptance of late or partial payments (even if marked “Paid in Full” or with other restrictions) shall not waive any of the rights of Provider to collect the full amount of the charges for the Service(s). Customer agrees to reimburse Provider for reasonable attorneys’ fees, and any other costs associated with collecting delinquent or dishonored payments. Provider may assess reinstallation charges against Customer in the event the Provider suspends, restricts or terminates the Service(s) as a result of Customer’s nonpayment or breach of this agreement.
- If Customer has prepaid for the Service(s), such Service(s) shall be immediately suspended without notice at the time the fees for Customer’s consumption of Service(s) has reached the pre- payment amount. Customer is entirely responsible to monitor its consumption of Service(s) and replenish any prepayment amounts when necessary to continue using the Service(s).