End User Terms and Conditions and Toolbar Terms of Use
Note: All Provider users are bound by these terms of service.
Union Plus.net Communication Services ("Provider", "We", "Us") agrees to
provide you ("User", "You") with those services
("Service") set forth on the Application subject to User's compliance
with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING
THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO
NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE
THE SERVICE. PROVIDER RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT
ANY TIME. CONTINUED USE OF PROVIDER'S SERVICES INDICATES ACCEPTANCE OF THE
CHANGES BY USER.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS
EXPRESSED OR IMPLIED.
Provider reserves the right to refuse service to anyone at anytime for any
reason.
Provider exercises no control whatsoever over the content of the information
passing through Provider's system. Use of any information obtained via Provider
is at User's risk. Neither Provider nor any of its affiliates, its licensers,
contractors, resellers, distributors or licensees, or their respective
employees, warrants that the Service will be uninterrupted or error free; nor
does Provider make any warranty as to the results from use of the Service.
The user understands and agrees that the Service may include advertisements and
that these advertisements are necessary for the Provider to provide the
Service. You also understand and agree that the Service may include certain
communications from the Provider such as service announcements, administrative
messages and newsletters, and that these communications are considered part of
the Service membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new properties, shall be subject
to the User Terms of Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING
FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY
PROVIDER OR ITS AFFILIATES, LICENSERS, CONTRACTORS, RESELLERS, DISTRIBUTORS, OR
LICENSEES, OR THEIR RESPECTIVE OFFICERS OR EMPLOYEES SHALL CREATE A WARRANTY.
NEITHER PROVIDER NOR ITS AFFILIATES, LICENSERS, CONTRACTORS, RESELLERS,
DISTRIBUTORS OR LICENSEES, OR THEIR RESPECTIVE OFFICERS OR EMPLOYEES, WARRANTS
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION,
SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES,
CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VSI OR
THROUGH OR FROM THE SERVICE SHALLL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS OF SERVICE.
Legal Disclaimers
Union Plus.net accelerates certain web page text and graphics when
compared to standard dial-up Internet service. Actual results may vary. Some
web pages such as secure or encrypted web pages will not be accelerated. Union Plus.net is not a broadband service and actual data transmission rates
are not faster than standard dial-up Internet service. Transmission of files
including, without limitation, streaming audio or video, digital photographs,
MP3 or other music files, executable files and other downloads, is not faster
using Union Plus.net than with standard dial-up service. Union Plus.net may not be compatible with proxy based software or services such as
content filters or firewalls.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PROVIDER OR ITS AFFILIATES, LICENSERS,
CONTRACTORS, RESELLERS, DISTRIBUTORS OR LICENSEES, OR THEIR RESPECTIVE OFFICERS
OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY
TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S
RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR
THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY
FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT,
WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
IN THE EVENT PROVIDER IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF
THIS AGREEMENT, PROVIDER'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF
USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM. THE PROVIDER
AND ITS SUPPLIERS DO NOT WARRANT OR GUARANTEE THE ACCURACY OR TIMELINESS OF ANY
INFORMATION AVAILABLE THROUGH THE SERIVCE, INCLUDING BUT NOT LIMITED TO
INFORMATION PERTAINING TO STOCKS, TRADING OR INVESTMENT. THE PROVIDER SHALL NOT
BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT DECISIONS MADE BASED ON
SUCH INFORMATION.
If User is dissatisfied with the Service or with any terms, conditions, rules,
policies, guidelines or practices of Provider in operating the Service, User's
sole and exclusive remedy is to discontinue using the Service.
Union Plus.net Communication Services does not endorse any products or services.
Indemnification
Notwithstanding anything to the contrary herein contained, User agrees to
indemnify and hold Provider and its affiliates, licensers, contractors,
resellers, distributors or licensees, or their respective officers or
employees, harmless against any and all liability, loss, claim, judgment,
damage and expense including without limitation attorney's fees and cost of
litigation) incurred or suffered by Provider, its licensers, its affiliates,
its contractors, or their respective employees as the result of any and all use
of User's account whether authorized or not authorized or as a result of the
negligence, willful misconduct, or breach of any of the terms of this Agreement
by User, including but not limited to claims, liabilities, losses, damage,
judgment and expense which arise out of alleged injury or death of any person
or damage to property of every kind and description. User shall promptly notify
Provider in writing of any claim of which it is obligated under this indemnity.
User shall have the right to assume the defense of any such claim. User and
Provider shall confer as to and agree on the legal counsel(s) to be selected in
any such defense.
Age Limit
User represents to Provider that he or she is 18 years of age or older. User
understands that certain materials available from Service provided under the
terms of this Agreement may not be suitable for individuals under the age of
18. User also agrees to: (a) provide true accurate, current and complete
information about yourself as prompted by the Provider’s registration
form and (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, the Provider has the right to
suspend or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof.)
Third Party Sites
This site may produce automated search results or otherwise link you to other
sites on the Internet. These sites may contain information or material that
some people may find inappropriate or offensive. These other sites are not
under the control of Union Plus.net Communication Services and you acknowledge that Union Plus.net Communication Services is not
responsible for the accuracy, copyright compliance, legality, decency or any
other aspect of the content of such sites. The inclusion of such a link does
not imply endorsement of the site by Union Plus.net Communication Services or any association with its
operators. You further acknowledge and agree that the Provider shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or resource.
Sexually Explicit Materials
User understands that the Internet contains unedited materials, some of which
are sexually explicit or may be offensive. User accesses such materials at his
or her own risk. Provider has no control over and accepts no responsibility
whatsoever for such materials.
Prohibited Uses
User may not: restrict or inhibit any other user from using and enjoying the
Internet; post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, pornographic, profane, or otherwise objectionable
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any local, state, national
or international law, including without limitation the U.S. export control laws
and regulations; ‘stalk’ or harass another; provide material
support or resources (or to conceal or disguise the nature, location, source or
ownership of material support or resources) to any organization(s) designated
by the United States government as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act; post on webspace provided
any sexually explicit materials or materials that may be offensive. Post or
transmit any information or software which contains a virus, cancelbot, trojan
horse, worm or other harmful component; collect or store any personal
information about other users; post, publish, transmit, reproduce, distribute
or in any way exploit any information, software or other material obtained
through the Service for commercial purposes (other than as expressly permitted
by the provider of such information, software or other material); upload, post,
publish, transmit, reproduce, or distribute in any way, information, software
or other material obtained through the Service which is protected by copyright,
or other proprietary right, or derivative works with respect thereto, without
obtaining permission of the copyright owner or rightholder; upload, post,
publish, transmit, reproduce, transmit or distribute in any way any component
of the Service itself or derivative works with respect thereto; send
unsolicited advertising or promotional materials to other network users (See
section titled "MESSAGING"); allow users to run Maillist, Listserv or
any form of auto-responds from User's account; run or activate processes while
User is not logged in; violate the security of any computer network, crack
passwords or security encryption codes, transfer or store illegal material
including that deemed threatening or obscene, or engage in any kind or illegal
activity; attempt to defeat any idle timer or system tool intended to enforce
the part-time and personal nature of User's connection, including the use of
pingbots and other methods of avoiding timing disconnection (See section titled
"LIMITATIONS OF DIAL-UP SERVICES"); or violate any of the rules,
regulations and policies of those networks and computer systems accessed via
User's account. Provider has no obligation to monitor the Service. However,
User agrees that Provider has the right to monitor the Service electronically
from time to time and to disclose any information as may be necessary to
satisfy any law, regulation or other governmental request, to operate the
Service properly, or to protect itself or its subscribers. Provider will not
intentionally monitor or disclose any private e-mail message unless required by
law. Provider reserves the right to refuse to post or to remove any information
or materials, in whole or in part, that, in its sole and absolute discretion,
are unacceptable, undesirable, or in violation of this Agreement. Provider
reserves the right to suspend access to the Service for User's account. The
account's suspension may be rescinded within the sole and absolute discretion
of Provider following payment of a reconnection charge, to be determined by
Provider in its sole and absolute discretion.
Messaging
User agrees to limit their use of the Provider service, specifically regarding
the use of Provider's electronic (e-mail) services, to the following
restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any e-mail server located throughout
the Internet for the purposes of relaying or distributing messages is
prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any e-mail message where the
return address, originator's address, or any other identifiable aspect of the
message has been purposefully altered is prohibited. User may not purposefully
misrepresent the origination information of any e-mail messages sent while
using the Provider service.
Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent
materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF
SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS
DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL
RESULT IN THE IMMEDIATE PENALTY OF $200. PROVIDER RESERVES THE RIGHT TO CHARGE
USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF PROVIDER SERVICES, A
ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS
FOR THEIR PROVIDER SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD,
PROVIDER RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE
ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE
IMMEDIATE TERMINATION OF PROVIDER SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Restricted Content
You agree not to post any of the following restricted contents: Illegal,
Abusive or Unethical Activities include, but are not limited to, pornography,
obscenity, nudity, content for which you are not the copyright holder or for
which you do not have the rights holder's permission, violations of privacy,
hacking, computer virus, gambling, or promotion of gambling, and any harassing
or harmful materials or uses, as determined by the Service. You agree to
indemnify and hold the Service harmless from any claim resulting from your
publications or use of Illegal, Abusive or Unethical materials or any other
unauthorized materials.
Content Submission
Submission of any content by User for use with any of Provider's services shall
grant us a perpetual, worldwide, non-exclusive, royalty-free right and license
to use, reproduce, display, perform, adapt, modify, distribute, have
distributed and promote such content in any form, in all media now known or
hereinafter created, anywhere in the world, and for any purpose. Provider has
no obligation to post any content that you or anyone else submits. In addition,
we may, in our sole and unfettered discretion, edit, remove or delete any
content that you post or submit.
General Practices Regarding Use and Storage
You acknowledge that the Provider may establish general practices and limits
concerning use of the Service, including without limitation to the maximum
number of days that e-mail messages will be retained by the Service, the
maximum number of e-mail messages that may be sent from or received by an
account on the Service, the maximum file size of any e-mail message that may be
sent from or received by an account on the Service, the maximum disk space that
will be allotted on the Provider’s servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may access the
Service in a given period of time. You agree that the Provider has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other content maintained or transmitted by the
Service. You acknowledge that the Provider reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that the Provider reserves the right to modify these general
practices and limits from time to time with or without notice.
Limitation of Dial-Up Services
Although Provider advertises "Unlimited Access" in regards to some of
its Dial-Up services, there are several limitations applied. The sole purpose
of these limitations are intended to limit the amount of unnecessary use of
Provider services by any such User, which restricts overall Provider system
availability for other such Users. These limitations apply only to Dial-Up
access services offered by Provider. Using a personal account for high volume
or commercial use is prohibited. The Dial-Up services are intended for
periodic, active use of e-mail, newsgroups, file transfers, Internet chat,
games, and browsing the World Wide Web. Members may stay connected so long as
they are actively using that connection for the above purposes.
Members may not use the Dial-Up services on a standby or inactive basis in order
to maintain a connection. Pinging is expressly prohibited. Accordingly,
Provider maintains the right to terminate any member's connection following any
extended period of inactivity as determined by Provider.
Call Charges
Provider is not responsible for call charges associated with your use of our
service. Please verify the location of the POP you have selected in relation
your dialing area. City names and area codes are not necessarily complete
indicators of the locality (toll free access) of a POP to your calling area. In
some countries, local calls are metered for certain locations. For additional
assistance on determining these charges, please contact your local telephone
company for applicable tariffs.
Idle Timeout
You understand and acknowledge that the Service is intended for your periodic
and legitimate active use. As a consumer oriented dial-up service it is not
intended, nor is it designed, to provide an "always on" or
"always connected" capability. In order to make the Service available
fairly to all our members we reserve the right to terminate members' sessions
after an extended period of time, and we may establish a minimum "idle
time" at our discretion in order to remain connected to the Service, e.g.,
you must click at least once every 10 minutes. You agree that we may change the
minimum idle time without advance notice to you. You may not take action for
the purpose of defeating our "idle timeouts" or similar mechanisms.
In the event your session has been terminated for any reason, you may
immediately dial back in to reconnect. User agrees to have their online session
automatically terminated after ten (10) minutes of consecutive inactivity.
Inactivity is defined as less than 500 bytes of data transferred between User's
modem and the Provider service.
Maximum Single Session
User agrees to have an online session automatically terminated after five (5)
hours of consecutive time, regardless of data transferred during such specific
online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the Provider system for a time
period of one (1) minute following the termination of their previous online
session, regardless of the reason for the previous session's termination.
Usage Standards
You understand and acknowledge that the Service is intended for your
residential consumer and not commercial use. In order to make service available
fairly to all our members we reserve the right to suspend usage for the
duration of the pay period if you exceed our usage standards. Usage standards
are defined as less than an average of 8 hours a day for an 8 day period. If
your account exceeds these usage standards it will be suspended for the
duration of your current pay period and be reactivated upon the next regular
successful rebilling.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session for each
PPP/ISDN account purchased. User agrees that Provider will charge a $1.00 fee
for each concurrent online session and user further agrees that Provider has
the right to terminate users account for repeated violations of this limit.
International Roaming Access Restrictions
User agrees that all dial-up phone numbers outside the United States and its
territories and Canada are subject to an hourly fee of $4.00 per hour.
Toll Free Access Restrictions
User agrees that all toll-free dial-up phone numbers are subject to an hourly
fee of $5.00 per hour.
Terms of Payment
A credit card User agrees to allow Provider to bill his or her card on each
successive billing date without obtaining User's permission after the initial
charge. A credit card User shall notify Provider of any changes in credit card
number or expiration date. If the card is not honored for any reason, Provider
will attempt to notify the cardholder by using the telephone information given
at sign-up or by e-mail. Provider will call the cardholder, and if alternative
billing has not been established, the account will be terminated. Restoring the
account may be subject to a setup fee of $10.00.
If payment is by Electronic Fund Transfer, User agrees to allow Provider to
process the Electronic Funds Transfer three days prior to each successive
billing date without obtaining User's permission after the initial process.
Electronic Funds returned for insufficient funds or any other reason are
subject to a collection fee to be determined by Provider in its sole and
absolute discretion and User's account may be suspended until the account is
current. If payment is not received, service will be terminated and a setup fee
of $10.00 may be added to charges for additional Service.
Provider maintains the right to terminate Service for any unpaid subscriptions.
Accounts in default are subject to an interest charge of 2.5% per month on the
outstanding balance. Termination of Service shall not relieve User from the
obligation to satisfy outstanding invoices. In the event Provider utilizes an
attorney to collect any unpaid amounts, User shall be responsible for the
payment of all of Provider's attorneys' fees and costs in the collection of
these sums.
Provider reserves the right to change prices at any time without prior notice to
its customers or the public. Price changes will not be retroactive for existing
customers, regardless of the length of their existing service subscription.
Right to Cancel
Provider reserves the right to cancel Service for any reason without prior
notice. Pre-paid service is non-refundable. Provider will not refund any
shipping or handling fees. Cancellations are defined as a cancellation of the
automatic renewal of the account and are not a termination of any prepaid
period.
User must notify Provider via telephone or in writing to cancel Service.
Cancellations shall not be honored by electronic mail. Fees for any setup, shipping and handling, and
monthly or annual service charges placed by Provider are non-refundable.
Provider may, at its sole discretion, allow for a pro-rated refund of unused
annual service fees after the collection of a cancellation fee.
Termination
You acknowledge that the Provider may, under certain circumstances and without
prior notice, immediately terminate your account, any associated e-mail
address, and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the Terms of Service or
other incorporated agreements or guidelines, (b) requests by law enforcement or
other government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Service (or any
part thereof), (e) unexpected technical or security issues or problems, and (f)
extended periods of inactivity. Termination of your account includes (a)
removal of access to all offerings within the Service, (b) deletion of your
password and all related information, files and content associated with or
inside your account (or any part thereof) and (c) barring further use of the
Service. Further, you also agree that all terminations for cause shall be made
at the Provider’s sole discretion and that the Provider shall not be
liable to you or any third-party for any termination of your account, any
associated e-mail address or access to the Service.
No Confidentiality
Information transmitted through Provider and through the Internet in general is
not confidential. Provider cannot and shall not guarantee privacy or protection
of any User. Provider reserves the right to monitor any User's transmissions
when deemed necessary for providing proper service and/or to protect the rights
and property of Provider.
Customer Information
Unless required by court order, subpoena or other legal request, or upon the
advice of counsel, Provider may publish User's name and other consumer
information in one or more directories that may be accessed by other Internet
users. In addition, unless User notifies Provider to the contrary as provided
above, Provider may make such information available to third parties from time
to time. User understands further that merchants on the Internet may have
access to such information and may make it available to third parties in
accordance with their normal practices unless User notifies those merchants
directly that User does not wish such information to be made available.
Non-transferable
The right to use the Service is not transferable. Accounts are for User's use
only. User shall be responsible for the confidentiality of User's password.
Loaning User's account to others, connecting a system used by multiple persons,
group use of user log-ins, and consuming more than one modem line are
explicitly prohibited. If User has multiple accounts, then User shall be
limited to one log-in session per system account at any time. Violation of
those terms shall constitute theft of Service and may be prosecuted under civil
and criminal law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by the
merchant or information or service provider from whom User is making the
purchase to supply certain information, including credit card or other payment
mechanism information. User agrees that all information User may provide any
merchant or information or service provider on the Service for purposes of
making purchases shall be accurate, complete and current. The merchants and
information and service providers offering merchandise, information and
services on the Service set their own prices and may change prices or institute
new prices at any time. User agrees to pay all charges incurred by users of
User's account and credit card or other payment mechanism at the prices in
effect when such charges are incurred. User shall also be responsible for
paying any applicable taxes relating to purchases on the Service.
No System Backup
Provider does not and will not perform system backups on any User's e-mail
account(s). Provider shall not be held responsible for any lost e-mail data,
e-mail attachments, or any e-mail message contents, regardless of the reasoning
for data loss or system causes. Except as otherwise set forth herein, Provider
will not provide historical data, to any party for any reason, regarding any
system or Internet activity.
Provider does not and will not perform system backups on any web sites. Provider
shall not be held responsible for any lost web data, web files, or any website
contents, regardless of the reasoning for data loss or system causes. Except as
otherwise set forth herein, Provider will not provide historical data, to any
party for any reason, regarding any system or Internet activity.
Failure to Comply with Terms and Conditions
Provider may deny User access to all or part of the Service without notice if
User engages in any conduct or activities that Provider in its sole discretion
believes violates any of the terms and conditions in this Agreement. If
Provider denies User access to the Service because of such a violation, User
shall not have right (1) to access through Provider any materials stored on the
Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s)
shall be forfeited, (3) to access third party services, merchandise or
information on the Internet through Provider, and Provider shall have no
responsibility to notify any third-party providers of services, merchandise or
information nor any responsibility for any consequences resulting from lack of
notification.
Miscellaneous
User agrees to remain signed into the network only when actually making use of
same, and to disconnect when idle for significant periods of time (more than 10
minutes). User also agrees to not remain connected to Provider's system for
periods exceeding (5) five hours, in any single continuous session. User
authorizes Provider to enforce these restrictions by appropriate software and
network measures, automated and manual.
User agrees to notify Provider if User moves or otherwise changes his or her
mailing address or phone number, and to list a truthful name, postal address
and telephone number on the forms User supplies to Provider.
Third Party Software
As part of its service offerings, Provider may require the User to install and
use software provided by a Third Party. In such cases, there may be a separate
licensing or terms of service agreement required between User and the Third
Party.
In the event that any portion of this Agreement is held to be unenforceable, the
unenforceable portion shall be construed in accordance with applicable law as
nearly as possible to reflect the original intentions of the parties and the
remainder of the provisions shall remain in full force and effect.
Provider's failure to insist upon or enforce strict performance of any
provisions of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between parties nor trade
practice shall act to modify any provision of this Agreement.
Provider may modify this Agreement from time to time by placing a notice of such
modification on our website, and User's continued use of the Service following
notice of such modification shall be deemed to be User's acceptance of any such
modification. It is User's responsibility to check this online area regularly
to determine whether this Agreement has been modified. If User does not agree
to any modification of this Agreement, User must immediately stop using the
Service.
This Agreement shall be governed by and construed in accordance with the laws of
the State of California without regard to its conflicts of law provisions. Any
cause of action User may have with respect to the 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.
Provider shall not be liable or deemed to be in default for any delay or failure
in performance under this Agreement or interruption of service resulting
directly or indirectly from acts of God, civil or military authority, acts of
public enemy, war, riots, civil disturbances, insurrections, accidents, dire,
explosions, earthquakes, floods, the elements, strikes, labor disputes,
shortages of suitable parts, materials, labor or transportation or any cause
beyond the reasonable control of Provider.
Venue for litigation of any dispute, controversy, or claim arising out of, in
connection with, or in relation to this Agreement, or the breach thereof,
naming Provider as the defendant, shall be proper only in a venue determined by
Provider.
In any action between Provider and User to enforce any of the terms of this
Agreement, Provider shall be entitled to recover expenses, including reasonable
attorney's fees.
This Agreement constitutes the entire agreement between User and Provider with
respect to the Service.
For questions regarding these terms and conditions please e-mail
TechSupport@UnionPlus.net.
Toolbar End User Terms of Use
Thank you for using the Union Plus.net Communication Services Toolbar for Microsoft Internet Explorer! By
using this Toolbar, ("Union Plus.net Communication Services Toolbar") you agree to be bound by
the following terms and conditions (the "Terms and Conditions").
Personal Use Only. Union Plus.net Communication Services Toolbar is made available to you for your
personal, non-commercial use only (at home or at work). You may not modify,
copy, publish, license, create derivative works from or sell any information or
software associated with Union Plus.net Communication Services Toolbar, without first obtaining written
permission from Union Plus.net Communication Services by contacting TechSupport@UnionPlus.net.
Furthermore, you may not use Union Plus.net Communication Services Toolbar in any manner that could
disable, impair, damage, or overburden Union Plus.net Communication Services's Internet services (e.g.,
you may not use the Union Plus.net Communication Services Toolbar in an automated manner), nor may you use
Union Plus.net Communication Services Toolbar in any manner that could interfere with any other party's
use and enjoyment of Union Plus.net Communication Services's Internet services.
Third Party Sites. Union Plus.net Communication Services Toolbar may produce automated search results or
otherwise link you to other sites on the Internet. These sites may contain
information or material that some people may find inappropriate or offensive.
These other sites are not under the control of the Union Plus.net Communication Services Toolbar and you
acknowledge that Union Plus.net Communication Services is not responsible for the accuracy, copyright
compliance, legality, decency or any other aspect of the content of such sites.
The inclusion of such a link does not imply endorsement of the site by Union Plus.net Communication Services or any association with its operators.
If you have comments on Union Plus.net Communication Services Toolbar or ideas on how to improve it, please
e-mail TechSupport@UnionPlus.net. Please note that by doing so, you also grant
Union Plus.net Communication Services and third parties permission to use and incorporate your ideas or
comments into Union Plus.net Communication Services Toolbar (or third party software) without further
compensation.
Intellectual Property. You acknowledge that Union Plus.net Communication Services or third parties own all
right, title and interest in and to the Union Plus.net Communication Services Toolbar, portions thereof,
or software provided through or in conjunction with the Union Plus.net Communication Services Toolbar,
including without limitation all Intellectual Property Rights.
"Intellectual Property Rights" means any and all rights existing from
time to time under patent law, copyright law, trade secret law, trademark law,
unfair competition law, and any and all other proprietary rights, and any and
all applications, renewals, extensions and restorations thereof, now or
hereafter in force and effect worldwide. You agree not to modify, adapt,
translate, prepare derivative works from, decompile, reverse engineer,
disassemble or otherwise attempt to derive source code from Union Plus.net Communication Services Toolbar.
You also agree to not remove, obscure, or alter Union Plus.net Communication Services's or any third
party's copyright notice, trademarks, or other proprietary rights notices
affixed to or contained within or accessed in conjunction with or through the
Union Plus.net Communication Services Toolbar.
Disclaimer of Warranties. Union Plus.net Communication Services and any third party who make its software
available in conjunction with or through the Union Plus.net Communication Services Toolbar disclaim any
responsibility for any harm resulting from your use of the Union Plus.net Communication Services Toolbar
and/or any third party software accessed in conjunction with or through the
Union Plus.net Communication Services Toolbar.
THE Union Plus.net Communication Services Toolbar AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN
CONJUNCTION WITH OR THROUGH THE Union Plus.net Communication Services Toolbar ARE PROVIDED "AS
IS," WITH NO WARRANTIES WHATSOEVER. Union Plus.net Communication Services AND SUCH THIRD PARTIES
EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED,
AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. Union Plus.net Communication Services AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE
AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Union Plus.net Communication Services Toolbar DISCLAIM ANY
WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF
Union Plus.net Communication Services Toolbar AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE Union Plus.net Communication Services Toolbar AND
ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE
Union Plus.net Communication Services Toolbar AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OR USE OF Union Plus.net Communication Services Toolbar AND SUCH THIRD PARTY
SOFTWARE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL Union Plus.net Communication Services OR ANY THIRD
PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE
Union Plus.net Communication Services Toolbar BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR
MISUSE OF Union Plus.net Communication Services Toolbar OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF
LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN
IF Union Plus.net Communication Services AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Union Plus.net Communication Services Toolbar
AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE
Union Plus.net Communication Services Toolbar, FROM INABILITY TO USE Union Plus.net Communication Services Toolbar AND ALL THIRD
PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Union Plus.net Communication Services
Toolbar, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Union Plus.net Communication Services
Toolbar AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR
THROUGH THE Union Plus.net Communication Services Toolbar (INCLUDING SUCH DAMAGES INCURRED BY THIRD
PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
Union Plus.net Communication Services's Internet Service. Union Plus.net Communication Services Toolbar has been designed to be used
in conjunction with Union Plus.net Communication Services's Internet services. Accordingly,
Union Plus.net Communication Services’s Terms of Service and Privacy Policy also define your use of
Union Plus.net Communication Services Toolbar.
Parental Controls. By using Union Plus.net Communication Services Parental Controls (“the
Service”), you agree to the current terms and conditions for the Service.
Union Plus.net Communication Services may change the terms at any time, including discontinuing the
Service. Any use of the Service by any person under the age of eighteen is to
be used only under the direct supervision of an adult Union Plus.net Communication Services customer. It
is always a good idea for parents to directly monitor all Internet activity of
children at all times.
Union Plus.net Communication Services does not make any guarantees that:
All inappropriate content will be blocked, filtered or removed
Your child will be absolutely safe from inappropriate content
Your child will not engage in inappropriate behavior
Your child will not release personal information about themselves or others
Anyone will be able to circumvent the safety features of this product
Anyone will not be able to contact your child by various means
The Service may not block, review or filter e-mail attachments, video clips,
streaming media, photographs, graphics, images, computer programs, games or any
audio files not specifically included on his lists of blocked sites and/or
applications. Items in foreign languages are not reviewed, blocked or filtered.
Miscellaneous Provisions. These Terms and Conditions will be governed by and
construed in accordance with the laws of the State of California, without
giving effect to the conflict of laws provisions of California or your actual
state or country of residence. If for any reason a court of competent
jurisdiction finds any provision or portion of these Terms and Conditions to be
unenforceable, the remainder of these Terms and Conditions will continue in
full force and effect.
These Terms and Conditions constitute the entire agreement between the parties
with respect to the subject matter hereof and supersede and replace all prior
or contemporaneous understandings or agreements, written or oral, regarding
such subject matter. Any waiver of any provision of these Terms and Conditions
will be effective only if in writing and signed by Union Plus.net Communication Services and/or a third
party who make its software available in conjunction with or through the
Union Plus.net Communication Services Toolbar.
Union Plus SoftPhone End User Terms of Use
TERMS OF USE - GENERALLY
Union Plus Voice , provides Internet phone Services (the “Service” or “Services”)
through http://beta.www.unionplus.net/voice/ (the “Website”). The Services include
the ability to download and use SoftPhone software (the “Software”), purchase
Broadband Phone, PC to Phone, or Virtual Calling Card accounts, manage existing user
accounts, and other services. Your use of the Services, 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 Union Plus Voice 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 Union Plus Voice (the “Plans and Rates”) (each of which are
incorporated herein), govern each your use of the Services, Software and Website,
and, together, constitute the "Terms of Use" between you and Union Plus Voice .
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 SERVICES, YOU ACCEPT AND ARE 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 with respect to the Services,
Software and Website. By assenting 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 Tech Support
SERVICE - GENERALLY
Union Plus Voice offers Voice over Internet Protocol (also known as VoIP, Voice over IP)
enabled telephone service, including outbound calling, inbound phone numbers, and related
telephony features. Service is offered on a prepaid basis. 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 Union Plus Voice 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. Union Plus Voice
provides the Service for full monthly terms only, beginning on the date that your account
is first created.
You agree to use the Services, Software and Website for lawful purposes only. You are
prohibited from posting on, or transmitting through, the Website any materials, or engaging
through the Services 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 Union Plus Voice suspects that you have
engaged in any of the foregoing conduct, Union Plus Voice may, in its sole discretion,
(a) terminate or suspend your account or use of the Services, Software and/or Website;
and/or (b) forward the offensive materials and/or information related to such prohibited
conduct, your communications with Union Plus Voice , 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 UNION PLUS VOICE SERVICES (PROVIDED BY VELOCITY SERVICES,
INC.), YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF UNION PLUS VOICE 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 SERVICES, INCLUDING
ANY HOUSEHOLD RESIDENTS, GUESTS OR THIRD PERSONS WHO MAY BE PRESENT IN YOUR HOUSEHOLD, OF THE
LIMITATIONS OF UNION PLUS VOICE EMERGENCY 911 SERVICE.
IN ORDER FOR UNION PLUS VOICE TO PROVIDE YOU WITH EMERGENCY 911 SERVICE, YOU MUST 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 (PSAP) or emergency operator and/or the failure
to reach the correct location and render emergency service when requested.
PLEASE BE AWARE THAT EVEN IN THOSE AREAS IN WHICH UNION PLUS VOICE OFFERS EMERGENCY 911 SERVICE,
UNION PLUS VOICE 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; UNION PLUS VOICE 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 UNION PLUS VOICE EMERGENCY 911 SERVICES – ENHANCED 911 OR “E911” AND
BASIC 911. WITH E911, YOUR CALL IS ROUTED TO THE PUBLIC SAFETY ANSWERING POINT (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, THE CALLER DOES NOT NEED
TO VERBALLY GIVE THEIR 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. BASIC 911 IS AVAILABLE ONLY FOR A GRANDFATHERED USER. A “GRANDFATHERED USER”
IS AN “INTERCONNECTED” USER (AS DEFINED BELOW) WHO (1) HAD THE SERVICES PRIOR TO NOVEMBER 28, 2005,
(2) IS LOCATED IN AN UNSUPPORTED E911 AREA (AS DEFINED BELOW), AND (3) USES THE SERVICES AT THE
SERVICE ADDRESS IN EFFECT PRIOR TO NOVEMBER 28, 2005.
BECAUSE OF THE LIMITATIONS ON THE EMERGENCY 911 SERVICE, UNION PLUS VOICE 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 Union Plus Voice Emergency 911 Services:
-
Union Plus Voice E911 Service will only be available for you if you are an “interconnected” user
who has informed us that you are using your Services 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.
-
Union Plus Voice will initiate Services to you, as an “interconnected” user, only if your service
address is in the geographical area where Union Plus Voice can provide E911. During the sign-up process,
you will provide Union Plus Voice with the physical service address where you will use your Services.
Union Plus Voice will confirm that it is able to provide you with E911 at that service address before
completing your order. Your services will not be available prior to such confirmation. In the event that
Union Plus Voice determines that your service address is in a geographical location where Union Plus Voice
cannot provide E911 (“Unsupported E911 Area”), Union Plus Voice will not provide “interconnected” Services
to you. This means that in certain geographic areas, Union Plus Voice will not provide “interconnected”
Services and you will not be able to contact emergency response centers (for example, police, fire, medical
and other emergency service personnel) using such Union Plus Voice Services. Union Plus Voice is, however,
continuously expanding the geographical locations for its E911 service.
-
Union Plus Voice E911 will not function if your equipment is not configured properly or if your Union Plus
Voice services are not functioning for any reason. This includes a broadband or electrical power outage or
if your broadband, ISP, or Union Plus Voice 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, your E911 service may not be
available immediately. Union Plus Voice E911 may not function properly for up one day after you are able to
make outbound calls with your services.
-
If you move or intend to use your Union Plus Voice services away from the geographic location you have registered
with Union Plus Voice , you must update your account with your new location. You agree that if you use your
Services 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 Union Plus Voice account.
Union Plus Voice 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 Union Plus Voice customer
service, and Union Plus Voice 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 Union Plus Voice services 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 Union Plus Voice services will continue to be directed
to the local emergency response center that supports the service Address you previously registered with Union Plus
Voice . The emergency response center to which any such 911 calls are routed may be unable to provide you with
assistance and Union Plus Voice will be unable to inform emergency response personnel of your actual location.
If you register a new service address in an Unsupported E911 Area, Union Plus Voice may suspend, terminate or
otherwise deny Services without further notice and without liability on the part of Union Plus Voice . Union Plus
Voice will not provide a refund for the period that your Services are in suspension. Normal Union Plus Voice
monthly plan charges will continue to apply. If your new service address is in an Unsupported 911 Area, you may
elect to terminate your Services. Union Plus Voice 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 Union Plus Voice .
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 Union Plus Voice 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.
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 tell them your phone number and
physical location and/or if the Services are not operational for any reason, including without limitation those reasons
listed elsewhere in these Terms of Use.
-
Outage of Services due to Suspension of Your Account. You agree and understand that an outage of your Services 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 ALL Services, including any Emergency 911 Service.
-
Acknowledgement. You understand and acknowledge that Union Plus Voice 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 Services. 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.
-
Indemnification. You acknowledge and understand that Union Plus Voice will not be liable for any outage of your Services
and/or inability to dial 911 using the Services or to access emergency service personnel due to the characteristics and
limitation of the Union Plus Voice Services set forth in these Terms of Use. You agree to defend, indemnify, and hold
harmless Union Plus Voice , its officers, directors, employees, affiliates, subsidiaries, parent companies, and agents
and any other service provider who furnishes services to you in connection with the Services, 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 Services 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 a
ccessing emergency service. This provision supplements the general indemnification provision found below in the “Legal”
section.
TERM
Service is offered on a monthly basis for a term that begins on the date that Union Plus Voice activates your Service and
ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on
a monthly basis unless you give us written notice of non-renewal at least ten (10) days before the end of the monthly
term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt
to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the
end of the then-current term, including, without limitation, unbilled charges, plus a termination fee, if applicable,
all of which will immediately become due and payable. Expiration of the term or termination of Service will not excuse
you from paying all accrued and unpaid charges due under this Agreement
Use of Service and Device by Customers Outside the United States.
Although we encourage you to use of the Service to place calls to foreign countries from within the United States, we
do not presently offer or support the Service in any countries other than the United States and Canada. If you use the
Service or the Device outside of the United States or Canada, you will be solely responsible for any violations of local
laws and regulations resulting from such use. We reserve the right to terminate your Service immediately if we determine,
in our sole and absolute discretion, that you have used the Service or the Device outside of the United States or Canada.
PAYMENT AND BILLING
You authorize any charges incurred from the use of your Union Plus Voice account to be billed to you through your account
or credit card. You may use the Union Plus Voice account only so long as your account or credit card remains valid and in
good standing. You agree to pay for all charges incurred by use of the Union Plus Voice 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 Union Plus
Voice immediately if you become aware at any time that your account or the Service is being stolen or fraudulently
used, in writing by e-mailing to TechSupport@Union Plus Voice or by engaging Union Plus Voice Tech Support personnel
through Union Plus Voice “live chat” functionality feature. You agree to be responsible for payment of all charges on
your account’s detail report incurred as a result of the use of your Union Plus Voice 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 Union Plus Voice account after your account or your credit card has expired, or
been withdrawn, revoked, or terminated. Nevertheless you remain responsible to Union Plus Voice for any charges
resulting from the use of your Union Plus Voice account after any such expiration, withdrawal, revocation or
termination, which charges are payable immediately to Union Plus Voice .
Charges for the Service will be rated and charged in accordance with the rates provided by Union Plus Voice ,
any promotional offer pursuant to the published terms of such offer by Union Plus Voice , or as otherwise as 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. Union Plus Voice 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 call. These technologies are not perfect or entirely reliable
and it is possible for call-commencement signals to be received in error. All calls made to mobile telephones are
deemed to have been completed. You must notify Union Plus Voice 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 Union Plus Voice accounts or the Services, Software
or Website. You will be responsible for any Taxes. Applicable Taxes 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 receive for originating a call from a cell phone.
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, with a possible delay of
four (4) hours which may cause a possible shift in date, 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
drop 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 of non-renewal
to Union Plus Voice Tech Support which contains your name, account number and clear request to terminate the Service
shall suffice as a written notice for the purpose described in the previous sentence.
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.
NO REFUNDS
Provider reserves the right to cancel your Service for any reason without prior notice. Pre-paid service is
non-refundable. Provider will not refund any monthly service fees, or remaining balances in your prepaid account.
Furthermore Provider will not refund any hardware purchase costs, including shipping or handling fees. Cancellations
are defined as a cancellation of the automatic renewal of the account and are not a termination of any prepaid period.
You must notify Provider via telephone or in writing to cancel Service. Cancellations shall not be honored by
electronic mail.
Provider may, at its sole discretion, allow for a pro-rated refund of unused annual service fees, after the collection
of a cancellation fee.
30 DAY LIMITED WARRANTY
If your Device is faulty or not working correctly, you may return the Device to us within fourteen (14) days of the
termination of Service and receive a replacement Device, provided that:
-
the Device is returned within the first thirty (30) days following the activation of the Service;
-
the Device is in original condition, reasonable wear and tear excluded;
-
the original proof of purchase are returned with the Device, together with the original packaging, all parts,
accessories, and documentation;
-
prior to returning the Device to us, you obtain a valid return authorization number from our customer care
department, which can be reached at TechSupport@unionplus.net ; and
-
you pay all costs of shipping the Device back to us.
TAXES
You are responsible for all applicable 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, that arise from or as a result of your subscription or use or payment for the Service or
a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit
card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an
original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption
will only apply from and after the date we receive such certificate.
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
aforementioned 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 minute’s usage will be activated after the defined usage. These bonuses do not expire.
Union Plus Voice 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.
LICENSES
Trademarks:
All trademarks, service marks, corporate names, logos, websites and domain names of Union Plus Voice and its
suppliers (collectively "Marks") are and shall remain the exclusive property of Union Plus Voice and such
suppliers and nothing in these Terms of Use shall grant you the license to use such Marks for any purpose.
Copyrights:
The Services, Software and materials contained in the Website and otherwise provided by Union Plus Voice are
protected by copyright, or other intellectual property laws. Any commercial or unauthorized use of the Services,
Software and materials contained in the Website is strictly prohibited, without the express, prior, written
consent of Union Plus Voice . Any reproduction or redistribution of the Services, 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 Union Plus Voice and/or its suppliers. Use of such software is
governed by these Terms of Use and the terms set forth in the applicable End User License Agreement, if any.
Subject to the terms and conditions contained in these Terms of Use, Union Plus Voice 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. Union Plus Voice , 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 restrictions contained herein apply equally to any updates that may be provided to you
by Union Plus Voice . 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, 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 Union Plus Voice '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 to 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 Union Plus Voice . 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 Union Plus Voice 's higher rates for business plans on account
of all periods, including past periods, in which you use, or used, the Service. Union Plus Voice reserves the
right to immediately terminate or modify the Service, if Union Plus Voice determines, in its sole discretion,
that your Service is being used for non-residential or commercial use.
Commercial Users
If you have subscribed to Union Plus Voice '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 written permission from Union Plus Voice in
advance. You agree that Union Plus Voice '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.
Union Plus Voice reserves the right to immediately terminate or modify the Service, if Union Plus Voice
determines, in its sole discretion, that your Service is being used for any of the aforementioned activities.
EXCEEDING CALLING PLAN LIMITS
Once you exceed your monthly calling plan minute limit, you agree that any calls made thereafter, including
calls to Canada and the USA, shall be charged to your prepaid account at the then current rates, published on
the Union Plus Voice website.
LEGAL
Union Plus Voice does not warrant that the Services are completely error free or will operate without packet
loss or interruption nor does Union Plus Voice warrant any connection to or any transmission over the Internet.
Use of the Services 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. Union Plus Voice may also make improvements and/or changes to the Services, Software or Website
at any time without notice. Statements and descriptions concerning the Service, Software or Website, if any, by
Union Plus Voice or Union Plus Voice agents or partners are informational and are not given as a warranty of
any kind.
All Services Software and the Website and equipment provided by Union Plus Voice are provided “as is”. UNION
PLUS VOICE 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, THE SOFTWARE, THE WEBSITE
OR ANY EQUIPMENT PROVIDED.
EMERGENCY SERVICE CALLS, INCLUDING WITHOUT LIMITATION 9-1-1 CALLS, ARE NOT INTENDED TO BE CARRIED/SUPPORTED
BY THE SOFTWARE OR SERVICES AND NEITHER UNION PLUS VOICE NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT
COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR THE INABILITY
TO MAKE SUCH CALLS OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE SERVICES OR SOFTWARE.
IN NO EVENT WILL UNION PLUS VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNATIVE,
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 SERVICES, SOFTWARE OR
WEBSITE OR ANY TRANSACTIONS PROVIDED ON, OR HYPERLINKED, FROM THE WEBSITE, EVEN IF UNION PLUS VOICE 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 9-1-1 OR OTHER EMERGENCY SERVICE NUMBERS OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE
SERVICE.
By way of example, and not limitation, Union Plus Voice 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:
a.act or omission of an underlying carrier, service provider, vendor or other third party;
b.equipment, network or facility failure;
c.equipment, network or facility upgrade or modification;
d.Force Majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
e.equipment, network or facility shortage;
f.equipment or facility relocation;
g.service, equipment, network or facility failure caused by the loss of power to you;
h.outage of your ISP or broadband service provider;
i.your act or omission or that of any other person using the Service provided to you; or
j.any other cause that is beyond Union Plus Voice control, including without limitation, the failure of an
incoming or outgoing communication, the inability of communications to be connected or completed.
Union Plus Voice ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR EXPNESE FROM ANY CAUSE WHATSOEVER, SHALL IN
NO EVENT EXCEED SUMS ACTUALLY PAID TO Union Plus Voice 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 Union Plus Voice and Union Plus Voice 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 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. Union Plus Voice is providing these links
to you only as a convenience, and the inclusion of any link does not imply endorsement by Union Plus Voice .
Union Plus Voice 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 Services, Software and Website, and your use of the Internet.
You agree to indemnify, defend and hold harmless Union Plus Voice , its officers, directors, employees, agents,
shareholders, licensors, suppliers and any third party information providers of or to the Services, Software or
Website (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 Services provided by Union Plus Voice ,
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 Union Plus Voice , 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. Union Plus Voice 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 Union Plus Voice shall not be liable to you or any
third-party for any such termination, modification, deactivation or any other act of Union Plus Voice
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 (a) into, or to a national or resident of, any country to which
the United States has embargoed goods, or (b) 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 (c) 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 Union
Plus Voice concerning or arising out of these Terms of Use, you agree to submit to exclusive jurisdiction of
the federal and state courts having jurisdiction over 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. Union Plus Voice 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. Union Plus Voice may assign its rights and duties under these Terms of Use to any party at any time
without notice to you.
©2006
Union Plus.net Communication Services
02.03.2006