The iConnectHere Website, iConnectHere.com, (the "Website" or "Site") is a place where consumers can meet all their communications needs including the ability to download and use software ("the Software") and services ("the Services"). The Site is owned and operated by deltathree.com, Inc. ("deltathree"), subject to your compliance with the terms and conditions set forth below, including the attached iConnectHere End User License Agreement and all exhibits hereto. Please read this Agreement, the attached End User License Agreement, the Terms of Use, and the iConnectHere Privacy Policy carefully before accessing or using the Site, Software, or Services. Upon access and use of the Site, Software, and Services you agree to be bound by all of the terms and conditions set forth herein. If you do not wish to be bound by these terms and conditions, you may not access or use the Site, Software, or Services. deltathree may modify this Agreement or the attached End User License Agreement and the Terms and Conditions of Use at any time without notice and such modifications shall be deemed effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site, Software or Service shall be deemed your conclusive acceptance of the modified Agreement.
1. deltathree does not warrant that the Services are completely error free or will operate without packet loss or interruption nor does deltathree warrant any connection to or any transmission over the Internet. deltrathree makes no representation or warranty express or implied including but not limited to any warranty of merchantability or fitness for a particular purpose or as to the quality of the call. Use of the Services shall be in accordance with the Terms of Use attached hereto. User agrees to be responsible for payment of all applicable charges on the undersigned's detail report incurred as a result of the use of user's iConnectHere debit account, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Due to our verification process, all funds may not be available for immediate use. In no event will deltathree be liable for any indirect, special, incidental, or consequential losses or damages arising in any manner from the use of the iConnectHere Services.
2. iConnectHereTM, deltathree.comTM, D3BoxTM, V-GreetingsTM, Click ITTM, Delta ThreeTM and other iConnectHere or deltathree logos featured on the Site are trademarks of deltathree and may not be used, duplicated, or distributed without the written consent of deltathree.
3. Information on the Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. deltathree may also make improvements and/or changes to the Site, Software or Services at any time without notice.
4. All images, text, Software, programs and other materials found in the Website are protected by the United States copyright laws. Any commercial use of the images, text, Software, programs or other materials found in the Website is strictly prohibited without the express written consent of deltathree.
5. The Software that is made available to download from this Site is the copyrighted work of deltathree and/or its suppliers. Use of the Software is governed by the terms set forth in the End User License Agreement set forth below.
6. Any reproduction or redistribution of the Software not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
7. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.
8. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any iConnectHere Website may be copied or retransmitted unless expressly permitted by iConnectHere.
9. Any links available on this Site will enable you to leave the Site. The linked sites are not under the control of iConnectHere and iConnectHere is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. It is up to you 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. iConnectHere is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Site. Additionally, other marks that appear on this Site may be marks of third parties that are not affiliated with iConnectHere. Neither deltathree nor its affiliates control or endorse the content of third party websites. In no event will deltathree be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or on any other hyper linked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
10. deltathree cannot and does not guarantee or warrant that the files available for downloading from the Site 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 Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site, Software, Services and the Internet. All Services provided by iConnectHere or deltathree are provided "as is". deltathree 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 Services.
11a. Refund Policy
If you are unsatisfied with the iConnectHere service you have purchased, you may request a return of unused funds within 90 days of your credit card charge. A $2 refund processing fee will be incurred for all refunds processed (excluding refunds under the terms of the Money Back Guarantee, see 11b.). A refund will be credited for any unused amount in your account after payment of any monthly fees or usage charges.
11b. Money-Back Guarantee
Our money-back guarantee is available for new customers who have not made a phone call lasting longer than 5-minutes. We will reimburse a maximum of $2 in usage charges. The money-back guarantee is available within 30 days of first charge, and does not apply to monthly fees. To receive a refund for unused funds or for our Money-Back Guarantee, follow the link below: Money Back Guarantee
12. In no event will deltathree be liable for (i) any incidental, consequential, or indirect 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 Site, Software or Services, or any transactions provided on, or hyperlinked, from the Site, even if deltathree or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the Services and/or materials or information downloaded through, or hyperlinked from, the Site.
13. You agree to indemnify, defend and hold deltathree, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Site, Software or Services from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement, or the End User License Agreement set forth below or Terms and Conditions of Use. The provisions of this paragraph are for the benefit of iConnectHere and its officers, directors, employees, agents, shareholders, licensors, suppliers to the Site, Software or Service. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
14. This Agreement shall be governed and construed in accordance with the laws of the State of New York. You agree that in any legal action or proceeding between you and iConnectHere for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction in New York, NY and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Software or Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. deltathree's failure to insist upon or enforce strict performance of any provision of this Agreement 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 this Agreement. deltathree may assign its rights and duties under this Agreement to any party at any time without notice to you.
15. All bonus and promotional minutes are subject to the following:
15a. All bonuses given due to amount of charge will be activated only after completion of the aforementioned charge. If the bonus is not utilized within 60 days (unless stated otherwise) any unused funds will expire.
15b. All bonuses given due to minutes of usage will be activated after the defined usage and will not expire.
15c. 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.
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The term Software shall include all programs and related documentation supplied herewith by iConnectHere, including all updates subsequently provided by iConnectHere. The terms and conditions of this Agreement will apply to the Software delivered by electronic download or other means and derivatives obtained therefrom, including any copy.
1. Title and License Grant
The Software is copyrighted and contains proprietary information protected by law. The Software, and all copies thereof, are and will remain the sole property of deltathree or its suppliers. deltathree hereby grants you a personal, non-transferable and non-exclusive right to use the Software.
2. Software Use
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A. As part of this END USER LICENSE AGREEMENT, you are permitted to make a single archive copy of the Software, provided however that the Software shall not otherwise be reproduced, copied, disassembled, decompiled, reverse engineered or disclosed to others in whole, or in part, except as explicitly provided herein.
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B. The Software, together with any archive copy thereof, shall be destroyed when no longer used in accordance with this END USER LICENSE AGREEMENT or when the right to use the Software is terminated and shall not be removed from a country in which use is licensed.
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C. You understand and acknowledge that the Software may contain expiration routines that will disable the Software at the expiration of this License. |
3. No Warranty
All services provided by iConnectHere hereunder are provided "as is". deltathree , its affiliates, contractors, suppliers and agents make no warranties, express or implied, and specifically disclaim any warranty of merchantability or fitness for a particular purpose or any warranty of intellectual property non-infringement.
4. Rate Adjustment
deltathree reserves the right to adjust its rates at any time without prior notice. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY USING THE SITE, SOFTWARE AND SERVICES YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.
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