I Connect Here

Updated December 2010

Terms of use

INTRODUCTION

iConnectHere ("iConnectHere") is powered by joip, a division of deltathree, Inc. ("deltathree"). iConnectHere provides a Voice over Internet Protocol (also known as VoIP, or Voice over IP) enabled telephone service (the "Service"), which can be accessed through our website located at http://www.iconnecthere.com (the "Website").The Service includes the ability to download and use PC to Phone software (the "Software"), purchase Broadband Phone or PC to Phone, manage existing user accounts, and other services. Your use of the Service, Software and Website is subject to your compliance with the Terms of Use set forth below.


These Terms of Use, the Privacy Policy, the information contained in the answers provided by iConnectHere in the "Frequently Asked Questions" section of the Site (the “FAQ’s”) (including the section of the FAQ's describing the particular calling plans offered by iConnectHere (the “Calling Plan Details”)) (each of which are incorporated herein), together constitute the "Terms of Use" and govern your use of the Service, Software and Website. Additionally, when using particular services, you shall be subject to all posted agreements, guidelines or rules applicable to such services that may contain terms and conditions in addition to those in the Terms of Use. All such agreements, guidelines and/or rules are hereby incorporated by reference into these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE WEBSITE, DOWNLOADING OR USING THE SOFTWARE OR UTILIZING THE SERVICE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE.


These Terms of Use may be modified at any time without notice and any such modification shall be effective immediately upon posting. By-consenting to these Terms of Use, you agree to periodically review these Terms of Use and further agree that you will be bound by any modifications or amendments thereto. Your continued use of the Services, Software or Website following any such modifications shall be deemed your conclusive acceptance of the modified Terms of Use.


Questions regarding these Terms and Conditions should be addressed to Customer Care.


SERVICE - GENERALLY

iConnectHere provides a VoIP enabled telephone service, including outbound calling, inbound phone numbers, and related telephony features. The Service is offered on a prepaid basis,and user accounts that are subject to a monthly service charge are automatically replenished through a charge billed to your credit card without further action by you (“Automatic Recharge”). You hereby authorize such charges. Automatic Recharge takes place (i) on a monthly basis at the commencement of each monthly term (unless you give iConnectHere written notice of non-renewal as set forth below) and (ii) when the Account Balance is below the level set forth in the Calling Plan Details with respect to your particular calling plan. iConnectHere provides the Service for full monthly terms only, beginning on the date that your account is first created.

You agree to use the Service, Software and Website for lawful purposes only. You are prohibited from utilizing the Service to engage in any conduct, that is fraudulent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or otherwise objectionable, including without limitation, any material or conduct that encourages unlawful activities. If iConnectHere suspects that you have engaged in any of the foregoing conduct, it may, in its sole discretion, (i) terminate or suspend your account or use of the Service, Software and/or Website and/or (ii) forward the offensive materials and/or information related to such prohibited conduct, your communications with iConnectHere, and your personally identifiable information to the proper authorities for investigation or prosecution.


EMERGENCY 911 SERVICE

PLEASE READ CAREFULLY THIS INFORMATION REGARDING EMERGENCY 911 SERVICE AND ITS LIMITATIONS. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF ICONNECTHERE'S EMERGENCY 911 SERVICE. YOU ALSO UNDERSTAND THE DISTINCTIONS BETWEEN SUCH EMERGENCY 911 SERVICE AND TRADITIONAL 911 OR E911 CALLS. You agree to notify any user who may place calls using your Service, including any household residents, guests or third persons who may be present in your household, of the limitations of iConnectHere's Emergency 911 Service.


IN ORDER FOR ICONNECTHERE TO PROVIDE YOU WITH EMERGENCY 911 SERVICE, YOU MUST ACCURATELY REGISTER YOUR SERVICE ADDRESS (THE GEOGRAPHICAL LOCATION WHERE YOU WILL BE USING YOUR SERVICES) WITH US. Failure to provide the correct and proper service address may result in misdirecting 911 calls to the incorrect Public Safety Answering Point (a “PSAP”) or emergency operator and/or the failure to reach the correct location and render emergency service when requested as well as the general unavailability of E911 service. In addition, because of the time it takes to properly update the E911 emergency databases by the third party providers of the database service, after you have accurately registered your service address your E911 service may not be available for up to 72 hours after you have initiated service and are able to make outbound calls using the Service.


PLEASE BE AWARE THAT EVEN IN THOSE AREAS IN WHICH ICONNECTHERE OFFERS EMERGENCY 911 SERVICE, ICONNECTHERE CANNOT AND DOES NOT GUARANTEE THAT THE SERVICE WILL OPERATE AS INTENDED. THE ONLY WAY TO KNOW WITH ABSOLUTE CERTAINTY THAT YOU HAVE FUNCTIONING 911 SERVICE IS TO TEST THE SYSTEM; ICONNECTHERE IS NOT AUTHORIZED TO MAKE TEST CALLS TO THE 911 SYSTEM AND CANNOT AUTHORIZE YOU TO DO SO. YOU MAY WISH TO CALL THE NON-EMERGENCY NUMBER OF YOUR LOCAL POLICE OR FIRE DEPARTMENT TO FIND OUT IF THEY ARE ABLE TO HELP YOU OBTAIN SUCH PERMISSION.

There are two types of iConnectHere emergency 911 services - enhanced 911 (or “e911”) and basic 911. With e911, your call is routed to the PSAP supporting the service address you registered with your account. The emergency operator receives the name, address, and origination phone number of the caller. With this service, you do not need to verbally provide your location to the operator. With basic 911, a call is routed to the general telephone number at the emergency response center and the emergency response center personnel receiving your call will not be able to identify your phone number or the physical address from which you are calling unless you verbally provide that information. Basic 911 is available only for a "grandfathered user", which is an “interconnected” user (as defined below) who (1) had the Service prior to November 28, 2005, (2) is located in an unsupported e911 area (as defined below), and (3) uses the Service at the service address that was in effect prior to November 28, 2005.


BECAUSE OF THE LIMITATIONS ON THE EMERGENCY 911 SERVICE, ICONNECTHERE RECOMMENDS THAT YOU MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICES.


In addition to the limitations and conditions described above, the following additional terms, conditions and limitations apply to iConnectHere's Emergency 911Services:

  • iConnectHere’s E911 Service will only be available for you if you are an interconnected user who has informed us that you are using your Service in the United States. You are an interconnected user if you have an inbound phone number from us and have the ability to make outbound calls. You will inform us of the geographical location where you will be using your Services by completing, during the sign-up process, the “service address” information.
  • iPAYMENT AND BILLINGConnectHere will initiate Service to you, as an interconnected user, only if your service address is in the geographical area where iConnectHere can provide E911. During the sign-up process, you will provide iConnectHere with the physical service address where you will use your Service. iConnectHere will confirm whether it is able to provide you with E911 at that service address before completing your order. In the event that iConnectHere determines that your service address is in a geographical location where iConnectHere cannot provide E911 (“Unsupported E911 Area”), iConnectHere will not provide interconnected Services to you. As a result, you will not be able to contact emergency response centers (for example, police, fire, medical and other emergency service personnel) using such iConnectHere Services. iConnectHere is continuously attempting to expand the geographical locations for its E911 service.
  • iConnectHere’s E911 Service will not function if your equipment is not configured properly or if your iConnectHere services are not functioning for any reason. This includes a broadband or electrical power outage or if your broadband, ISP, or iConnectHere services are suspended or terminated. Should there be an interruption in the power supply, the Services, including any Emergency 911 service, will not function until power is restored. A power failure or disruption may require you to reset any equipment used in connection with the Services prior to using the Services or any Emergency 911 Service. In addition, in the event of a local disaster, there is a greater possibility that an E911 call will produce a busy signal, fail to be completed, or experience long connection times due to network congestion.
  • Because of the time it takes to properly update the E911 emergency databases by the third party providers of the database services, your E911 service may not be available immediately. iConnectHere's E911 service may not function properly for up to 72 hours after you initiate service and are able to make outbound calls using the Service. In addition, E911 service may not be available at all in the event that the service address you provide is inaccurate or incomplete.
  • If you move or intend to use your Services away from the geographic location you have registered with iConnectHere, you must update your account with your new location. You agree that if you use your Service from a new location, you must register the new service address and you acknowledge that you are solely responsible for maintaining accurate physical service address information on your iConnectHere account. iConnectHere cannot route your emergency calls to the correct local emergency response center unless and until you have registered your new physical service address location by contacting iConnectHere's customer service, and iConnectHere has confirmed that it can provide E911 to the new location and has completed the registration process by updating all appropriate E911 emergency databases. Since it may take several days or more to properly update the E911 emergency databases, you should not rely on the Service for 911 emergency dialing if you are using the Service when you are temporarily traveling away from home. Until your new service address is fully registered, your 911 calls using the Service will continue to be directed to the local emergency response center that supports the service address you previously registered with iConnectHere. The emergency response center to which any such 911 calls are routed may be unable to provide you with assistance and iConnectHere will be unable to inform emergency response personnel of your actual location. If you register a new service address in an Unsupported E911 Area, iConnectHere may suspend, terminate or otherwise deny Services without further notice and without liability on the part of iConnectHere. iConnectHere will not provide a refund for the period that your Service is suspended and normal iConnectHere monthly plan charges will continue to apply. If your new service address is in an Unsupported 911 Area, you may elect to terminate your Service. iConnectHere will not charge you an early termination fee, if applicable, if you terminate your Services for this reason.
  • Basic 911 and additional limitations that apply to Basic 911. Basic 911 is provided only for Grandfathered Users. When we provide you Basic 911, your call will be routed, in most instances, to the general telephone number for the emergency response center designated for the service address you have registered with iConnectHere. You agree that you may not be routed to a dispatcher who is specifically trained and designated to receive incoming emergency response calls. It is possible that the telephone line at the emergency response center will be in use for other communications and that you will get a busy signal. It is also possible that the line may not be answered or that you will not reach a live operator. It is also possible that the emergency response center will refuse to accept iConnectHere 911 calls. You acknowledge and agree that the emergency response center personnel receiving your call may not be able to identify your phone number or the physical address from which you are calling unless you verbally provide that information. You will need to state the nature of your emergency promptly and clearly, including your telephone number and location. You agree that the individual answering the call may not be able to call you back or determine your location if the call is unable to be completed, is dropped or disconnected, or if you are unable to provide them your phone number and physical location and/or if the Service is not operational for any reason, including without limitation those reasons listed elsewhere in these Terms of Use.
  • Outage of Service due to Suspension of Your Account. You agree and understand that an outage of your Service due to suspension of your account as a result of billing issues or any other reason, including, but not limited to, those reasons described elsewhere in this Terms of Use, will prevent the functioning of all services, including any Emergency 911 Service.
  • Acknowledgement. You understand and acknowledge that iConnectHere's Emergency 911 Service has certain characteristics that distinguish it from traditional, legacy, circuit-switched 911 service. You should carefully evaluate your circumstances when deciding to activate the Service. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services.

  • You acknowledge and understand that iConnectHere will not be liable for any outage of your Service and/or inability to dial 911 using the Service or to access emergency service personnel due to the characteristics and limitation of the Service set forth in these Terms of Use. You agree to defend, indemnify, and hold harmless iConnectHere, its officers, directors, employees, affiliates, subsidiaries, parent companies, and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to 911 dialing. You acknowledge that we strongly recommend that you always have an alternative means of accessing emergency service. This provision supplements the general indemnification provision found below in "Legal".
  • You also acknowledge and understand the limitations of liability of iConnectHere contained below in "Legal".


711 Service

"Interconnected" users located within the United States may obtain assistance in placing a call by dialing 711 to connect with a telecommunications relay service (TRS) center. Specially trained Communications Assistants at TRS centers provide confidential assistance to complete calls. In the event you wish to contact us regarding any accessibility barriers you may be experiencing or concerns you may have please contact us toll free at (800) 710-7030, by email at disability_access_complaints@deltathree.com or by fax at (212) 500-4888.


Please note that emergency calls should not be placed using 711. All users, including those with speech or hearing disabilities, must dial 911 for emergency services to ensure that they reach the appropriate emergency service agencies dedicated to providing service in the user’s registered geographic location.


TERMS OF PLANS

Any subscriber that signs up for the “Unlimited 2009 Plan” shall be entitled to up to an aggregate of 10,000 minutes of normal residential usage per month, with an aggregate limit of 360 minutes per day, for calls made to landlines or mobile telephones in the United States, Canada and Puerto Rico. In addition, no more than 50 different telephone numbers can be called per day.


Any subscriber that signs up for the “Free Calls to the USA” promotion shall be entitled to up to 400 minutes of normal residential usage for a period of one month for calls made to the United States. Any minutes above such number shall be billed at the normal rate. Following the termination of such one-month period, all calls to the United States shall be billed at the normal rate.


iConnectHere reserves the right to monitor the type and amount of usage for possible abuse of the Service and to immediately terminate or modify the Service provided to you (including applying iConnectHere's higher rates for business plans on account of all periods, including past periods, in which you use or used the Service) for excessive usage. Excessive usage is monitored per line per account, including each line for MAP (Multiple Account Program) accounts. Calling plans with unlimited calling minutes are provided solely for residential, consumer use, and not for commercial use, as described below in Restrictions – Consumer Users..

PAYMENT AND BILLING

You authorize any charges incurred from the use of your iConnectHere account to be billed to you through your account or credit card and authorize deltathree, on behalf of joip, to automatically charge your credit card for all fees and charges you may incur in connection with the service. You may use the iConnectHere account only so long as your account or credit card remains valid. You agree to pay for all charges incurred by use of the iConnectHere account issued to you and comply with all other terms and conditions set forth herein.


In order to protect our customers from fraudulent credit card usage we have developed a sophisticated verification process that we activate upon sign up and registration. Consequently, it can take up to forty eight (48) hours from registration for your funds to be available in your account.


You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree to notify iConnectHere's Customer Care immediately if you become aware at any time that your account or the Service is being stolen or fraudulently used. You agree to be responsible for payment of all charges on your account incurred as a result of the use of your iConnectHere debit account, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss.


You are not authorized to use your iConnectHere account after your account or credit card has expired or been withdrawn, revoked, or terminated. Nevertheless you remain responsible to iConnectHere for any charges resulting from the use of your iConnectHere account after any such expiration, withdrawal, revocation or termination, which charges are payable immediately to iConnectHere.


Charges for the Service will be rated and charged in accordance with the rates provided by iConnectHere, any promotional offer pursuant to the published terms of such offer by iConnectHere, or as otherwise provided in our price list or on the Website. Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole cent. All calls that are determined to have been answered incur a minimum one (1) minute charge. iConnectHere relies on reasonable and standard technologies to determine whether and when a call has been answered, including without limitation signals sent by the carrier connecting the call that indicates the commencement of the call. These technologies are not perfect or entirely reliable and it is possible for call-commencement signals to be received in error. All such calls for which we receive a call commencement signal will be deemed to have been completed. You must notify iConnectHere in writing of any disputed charges within sixty (60) days of the charges or you will be deemed to have waived your right to dispute the charges.


Certain federal, state, provincial, municipal, local or other governmental sales, use, excise, value added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future (collectively, “Taxes”) may apply or become applicable in connection with the use of the Service, Software or Website. You will be solely responsible for any Taxes, and such Taxes will be deducted automatically from your prepaid debit Account Balance or charged directly to your credit card.


iConnectHere may charge an enhanced services fee and administrative recovery fee applicable in connection with the use of the Service, Software or Website. The enhanced services fee recovers iConnectHere's costs for enhanced 911 services and other enhanced services as they become applicable, and the administrative recovery fee assists in deferring the costs iConnectHere incurs in complying with regulatory requirements as well as other expenses and charges iConnectHere incurs in providing service. The enhanced services fee and administrative recovery fee will be deducted from your prepaid debit Account Balance or charged directly to your credit card.


All prices are subject to change without prior notice. We will use commercially reasonable efforts to notify you of any changes to calling plans subject to a fixed monthly fee (the “Monthly Fee”) pursuant to the applicable Calling Plan Details, but such notification shall not be deemed a prerequisite to the effectiveness of any such change. Our rates may not include additional charges you may be assessed for originating a call from a cell phone. In addition, you will be responsible to pay any fees that iConnectHere charges for optional services that you subscribe to from iConnectHere. If you elect to subscribe to the "Directory Listing" service you will be charged $1.50 per month (or the pro rata portion thereof), which assists in recovering the costs iConnectHere incurs in paying a third party provider in connection with the service as well as other expenses and charges iConnectHere incurs in providing the service. These fees will be deducted from your prepaid debit Account Balance or charged directly to your credit card.


All Monthly Fees and any additional per minute charges incurred will be deducted from your prepaid debit account or charged directly to your credit card on the same date and at the same time every month, provided that there may be a delay of up to a few days from time to time.


If you are subscribed to a calling plan subject to a Monthly Fee, and in the event that your debit Account Balance drops below the level set forth in the Calling Plan Details with respect to your particular calling plan, your credit card will automatically be recharged in the amount specified by you during sign up, unless your account is not subject to Automatic Recharge. In the event that your calling plan is subject to Automatic Recharge and your account falls below the level set forth in the Calling Plan Details with respect to your particular calling plan, but the charge for the Automatic Recharge fails, you will be automatically downgraded to a per-minute price plan.


ACCOUNT EXPIRATION AND TERMINATION

You may terminate your account at any time by providing at least ten (10) days' prior written notice to iConnectHere Customer Care that contains your name, account number and clear request to terminate the Service.

If you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges through the end of the then-current monthly term. Any notice of termination received within the final ten (10) days of any monthly term will be effective as of the conclusion of the subsequent month.

Accounts not subject to Automatic Recharge will expire after one hundred and twenty (120) days unless a call has been made or funds have been added.


BONUSES

All eligibility for bonuses is described in the applicable Calling Plan Details.

Bonuses based on the amount of charge to your credit card will be activated only after completion of the charge. These bonuses must be used within sixty (60) days of activation (unless stated otherwise in the materials describing the applicable calling plan). Any unused bonus funds will expire.

Bonuses based on minutes usage will be activated after the defined usage. These bonuses do not expire.

iConnectHere reserves the right to change and/or add new types of bonuses and to change the expiration period of the existing types of bonuses. Any changes will apply only to future bonuses and periods.


INTERNATIONAL SHIPPING

Please note that in cases of international shipping, iConnectHere will not be held responsible for any delays resulting from local customs offices or the processing through the local postal service.


REFUNDS AND MONEY BACK GUARANTEES

Refunds

If you are not satisfied with the Service you have activated, you may request a refund of unused funds in your pre-paid Account Balance within sixty (60) days of your credit card charge, subject to payment of any applicable monthly fees or usage charges. Such funds include only those you actually paid and do not include bonuses or other promotional additions to your Account Balance. A $2.00 refund processing fee will be incurred for all refunds processed (excluding refunds under the terms of the Money Back Guarantee).


Money Back Guarantee

iConnectHere offers a comprehensive money-back guarantee to ensure that you are satisfied with your purchase, as follows:

  • Broadband Phone plans. Customers subscribed to the Pay as You Go plan only, without any calling bundle, will be eligible for the Money Back Guarantee up to $4.00 of usage. Customers who signed up for a calling bundle will be eligible for the Money Back Guarantee when using up to $4.00 (for out of calling plan minutes) or when using up to 40 minutes.
  • PC to Phone plans. The Money Back Guarantee is available to subscribers who cancel their service within thirty (30) days of account activation and provided that they have not exceeded thirty (30) minutes or $2.00 of usage (on out of plan calls).
  • Per minute plans. The Money Back Guarantee is available to subscribers who cancel their service within thirty (30) days of account activation, provided that they have $2.00 of usage and none of the calls made by them were more than 8 minutes long.

If you meet these requirements, iConnectHere will refund the charges for monthly and activation fees if written notice is received by iConnectHere within such thirty (30) day period. Federal excise taxes and any other applicable taxes are not refundable. Account Balance bonuses are not refundable.


For Broadband Phone Users


If you were shipped an adapter for Broadband Phone Service, the Money Back Guarantee is payable and contingent upon your returning such equipment to iConnectHere. The device must be returned to iConnectHere in the condition it was received and in the original packaging. You are responsible for return shipping and associated costs and you must contact iConnectHere Customer Care to cancel your service and obtain a return merchandise authorization (RMA) number before shipping the equipment. The device must be returned to iConnectHere within 45 days of obtaining the RMA number.


Cancellation of Broadband Phone Service within the first 12 months of service, after the 30 day Money Back Guarantee period, is subject to a deactivation fee of $39.99. The adaptor that was provided for free as part of the Broadband Phone Service that you purchased is available for use with the iConnectHere network only. In no event will it be possible to use this device with another network. For more information, visit our FAQs (and type in a search for “guarantee” or “cancellation”).


LICENSES

Trademarks


All trademarks, service marks, corporate names, logos, websites and domain names of iConnectHere and its suppliers (collectively “Marks”) are and shall remain the exclusive property of deltathree and its affiliates and such suppliers and nothing in these Terms of Use shall grant you the license to use such Marks for any purpose.


Copyrights


The Service, Software and materials contained on the Website and otherwise provided by iConnectHere are protected by copyright, and/or other intellectual property laws. Any commercial or unauthorized use of the Service, Software and materials contained in the Website is strictly prohibited, without the express, prior, written consent of iConnectHere. Any reproduction or redistribution of the Service, Software and materials contained in the Website not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.


Use of Software

The Software is the copyrighted work of deltathree and/or its suppliers. Use of such software is governed by these Terms of Use. Subject to the terms and conditions contained in these Terms of Use, deltathree hereby grants to you a personal, non-exclusive, non-transferable, non-sublicensable right to use one (1) copy of the Software for your own personal use on a single computer. deltathree, on its own behalf and that of its suppliers, reserves all rights in the Software not expressly granted herein, including without limitation ownership and proprietary rights. You may not reverse engineer, decompile or otherwise attempt to discover the source code of the Software. You may not reproduce or distribute the Software for any purpose whatsoever. Without limiting the foregoing, you may not copy the Software to any server or location for reproduction or distribution. The contained herein apply equally to any updates that may be provided to you by iConnectHere. The Software and any accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation" respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, or their successors as applicable. Any use, modification, reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.S. Government will be governed solely by the terms of these Terms of Use and will be prohibited except to the extent expressly permitted by these Terms of Use.


RESTRICTIONS

Consumer Users

If you have subscribed to one of iConnectHere's consumer calling plans, the Service is provided to you as an individual user, for your personal, non-business and non-professional use. This means that you are not using the Service for any commercial (for-profit or not-for-profit) or governmental activities, including but not limited to home office, business, sales, telecommuting, telemarketing, autodialing, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. Additionally, you may not resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express prior written permission from iConnectHere. You agree that your use of the Service, or the use of the Service provided to you by any other person for any commercial or governmental purpose, will obligate you to pay iConnectHere's higher rates for business plans on account of all periods, including past periods, in which you use, or used, the Service. iConnectHere reserves the right to immediately terminate or modify the Service, if iConnectHere determines, in its sole discretion, that your Service is being used for non-residential or commercial use.


Commercial Users

If you have subscribed to iConnectHere's business plans, the Service, Software and Website are provided to you as a small business user. This means that you are not to resell or transfer the Service, Software and Website to any other person for any purpose, without express, prior, written consent of iConnectHere. You agree that iConnectHere's business plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. iConnectHere reserves the right to immediately terminate or modify the Service, if iConnectHere determines, in its sole discretion, that your Service is being used for any of the aforementioned activities.


LEGAL

iConnectHere does not warrant that the Service is completely error free or will operate without packet loss or interruption nor does iConnectHere warrant any connection to or any transmission over the Internet. Use of the Service shall be in accordance with these Terms of Use. Information on the Website or in other materials may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. iConnectHere may also make improvements and/or changes to the Service, Software or Website at any time without notice. Statements and descriptions concerning the Service, Software or Website, if any, made by iConnectHere or iConnectHere's agents or partners are for informational purposes only and are not given as a warranty of any kind.


The Service, the Software and the Website and any equipment provided by iConnectHere are provided “as is”. ICONNECTHERE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, THE SOFTWARE, THE WEBSITE OR ANY EQUIPMENT PROVIDED.


NEITHER ICONNECTHERE NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE OR WILL BE LIABLE FOR THE INABILITY TO MAKE EMERGENCY SERVICE CALLS, INCLUDING WITHOUT LIMITATION 911 CALLS, OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE SERVICES OR SOFTWARE.


IN NO EVENT WILL DELTATHREE, ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE WEBSITE OR ANY TRANSACTIONS PROVIDED ON, OR HYPERLINKED, FROM THE WEBSITE, EVEN IF DELTATHREE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE WEBSITE (INCLUDING WITHOUT LIMITATION THE INABILITY BY YOU OR ANY THIRD PARTY TO BE ABLE TO DIAL 911 OR OTHER EMERGENCY SERVICE NUMBERS OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE).


By way of example only, and not limitation, deltathree and its affiliates, subsidiaries, service providers, partners, officers, directors, employees and agents shall not be liable for any delay or failure to provide the Service at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

  1. act or omission of an underlying carrier, service provider, vendor or other third party;
  2. equipment, network or facility failure, upgrade or modification;
    force majeure events such as (but not limited to); strikes; fire; war; riot; government actions;
    or
  3. equipment, network or facility shortage or relocation;
  4. service, equipment, network or facility failure caused by the loss of power to you;
  5. outage of your ISP or broadband service provider;
  6. your act or omission or that of any other person using the Service provided to you; or
  7. any other cause that is beyond deltathree's control, including without limitation, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed.

DELTATHREE'S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR EXPENSE FROM ANY CAUSE WHATSOEVER, SHALL IN NO EVENT EXCEED SUMS ACTUALLY PAID TO ICONNECTHERE BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.


Links available on or through the Website may enable you to leave the Website. The linked sites are not under the control of deltathree and deltathree is not responsible for the content of any linked site or any link contained on or through a linked site, any changes or updates to such sites or the privacy practices of any linked site. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature. deltathree is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iConnectHere.


iConnectHere cannot and does not guarantee or warrant that the files available for downloading from the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Service, Software and Website, and your use of the Internet.


You agree to indemnify, defend and hold harmless deltathree, affiliates, subsidiaries, service providers, partners, officers, directors, employees and agents (the “Indemnified Parties”) from and against all third party claims, losses, expenses, actions, liabilities, damages and costs (including without limitation reasonable attorneys' fees) arising out of or in connection with any claim, demand, action, suit, investigation, arbitration, or other proceeding by a third party to the extent directly or indirectly arising from your use of the Service provided by iConnectHere, including the inability by you or any third party to be able to dial 911 or to access emergency service personnel . The provisions of this paragraph are for the benefit of the Indemnified Parties. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.


You agree that iConnectHere, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, Software or Website, for any reason, or no reason. iConnectHere may also in its sole discretion, discontinue providing or modify the Service, Software or Website or any parts thereof. You agree that any termination of your access to, or modification of, the Service, Software or Website may be effected without prior notice. Further, you agree that iConnectHere shall not be liable to you or any third-party for any such termination, modification, deactivation or any other act of iConnectHere contemplated by this paragraph.


The export and re-export of the Service, Software and Website are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you agree to comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Service, Software and Website to any destination requiring such a license. In addition, the materials may not be exported or re-exported (i) into, or to a national or resident of, any country to which the United States has embargoed goods, or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii) any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. By activating the Service, downloading or using the Software or using the Website, you are certifying that you are not a national of one of these countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.


These Terms of Use shall be governed and construed in accordance with the laws of the State of New York, without reference to its conflicts of laws rules. In any legal action or proceeding between you and deltathree concerning or arising out of these Terms of Use, you agree to submit to exclusive jurisdiction of the federal and state courts located in New York City, New York and you expressly waive all defenses to lack of jurisdiction. Any cause of action or claim you may have with respect to the Service, Software or Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred. deltathree's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to modify any provision of these Terms of Use. deltathree may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

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