Agreement to Terms and Conditions
By subscribing to and utilizing iOfficeSuite.com Services, you are
deemed to have agreed to and be bound by the following Terms
and Conditions of this Agreement:
Definitions
"Service" or "Services" means any and
all services provided by iOfficeSuite.com to you, including but not
limited to, voice mail, fax mail, e-mail, conference
calling, chat, long distance, contact management, document
storage / retrieval, web hosting and any additional offerings by
iOfficeSuite.com utilized by you.
"iOfficeSuite.com" means VIP-Biz-Net,
its affiliates and their successors and assigns.
Right to Change Terms and Conditions
You agree that iOfficeSuite.com may change these Terms and
Conditions or its rates for any or all portions of the
Services at any time upon ten (10) days prior notice. You
agree that iOfficeSuite.com may give you notice of such changes by
posting such changes within the iOfficeSuite.com web site
http://www.iOfficeSuite.com or any of its Services web sites, by eMail or by
conventional mail (based on the address provided by you when
you subscribed), that the ten (10) day time period begins to
run when the notice is given, and that, by continuing to use
the Services after the effective date of such changes, you
agree to be bound by any such modified Terms and Conditions
of the Services.
Billing and Payment
You agree to pay iOfficeSuite.com all rates and charges. A
subscription to the Service may require a credit card number
or voided check for billing, depending on your program.
By
providing your credit card information or a voided check,
you grant iOfficeSuite.com authorization to submit charges to that
credit card number of to debit your bank account for your
use of the Service. The rates per term for Services are
charged in advance of the upcoming term of service. All
usage charges for "per minute" rates will be
billed in arrears based on actual usage. Any other
applicable charges (set up fee, payphone surcharges, taxes,
over the limit charges, others) will also be billed to you.
You acknowledge that the amount charged by iOfficeSuite.com may vary
based on your usage of the Services. Direct billing is due
upon receipt. Any unpaid charges after 30 days will be
subject to a monthly service fee of the lesser of 1.5% of
the outstanding balance, or the maximum legally allowable
interest rate. If charges applied to your credit card or
bank account are rejected, iOfficeSuite.com reserves the right to
assess a processing fee.
Annual Contracts
You acknowledge and agree that your Service will remain
"AS IS" and will not be upgraded or downgraded
during an annual term of service. Upon payment of the annual
fee, whether for the initial year of Service or for renewal
years, iOfficeSuite.com will not refund any portion of the annual
fee for any reason. You agree that changes will not be made
to your billing cycle until the end of your initial year of
service. iOfficeSuite.com will automatically bill you in full for a
renewal year of service if, after our 30 day, 60 day and 90
day notices provided to you, you do not request a different
billing option or cancel your Service. In addition to the
up-front annual fee, you will continue to receive a monthly
bill for usage charges explained in the Billing and Payment
section above.
Statements
You will have access to a Statement of Account for each
month that you incur charges, detailing your usage during
that month. The Statement is not a bill. Charge totals on
your Statement may not agree with charges shown on your
credit card or bank statement due to differences in
statement cut-off dates. Direct billed users' bill will
include a Statement. Unless you notify iOfficeSuite.com of any
dispute regarding your Statement within forty-five (45) days
(or such longer period required by law, if any) after the
date the Statement was made available to you, or if direct
billed the due date, the charges on the Statement will be
deemed to be accepted by you for all purposes, including
resolution of any inquiries made by your credit card issuer,
if applicable.
Fraudulent and Abusive Use of the Services
iOfficeSuite.com helps protect you against fraudulent use of your
Services with private user names and passwords, credit card
verification upon sign up and daily and monthly usage
limits. You are responsible for controlling access to and
maintaining the security of your user name and password. You
shall notify iOfficeSuite.com of any user names and passwords which
are lost, stolen or suspected of being used fraudulently by
contacting the phone number noted on your credit card
invoice or Statement. You agree you will be liable for all
charges incurred prior to and within thirty (30) minutes
after you notify iOfficeSuite.com's Help Desk to deactivate suspect
user names and passwords. You agree to not engage in or
assist others in fraudulent or abusive use of the Services.
Cancellation
The Services will remain in full force until canceled by
either party. iOfficeSuite.com may suspend, interrupt, or cancel
your service at any time (i) without notice for non-payment,
for any reason which in iOfficeSuite.com's judgment may preclude it
from receiving payment, or for any violation by you of these
Terms and Conditions; or (ii) with notice for any reason,
with or without cause. If you wish to cancel, call the phone
number noted on your credit card invoice or Statement of
Account. After any cancellation, you agree iOfficeSuite.com has
authorization to initiate a charge if there is an
outstanding balance. iOfficeSuite.com will not refund a prorated
portion of monthly service fees in the event that you cancel
Service part way through the month. Subsequent
reinstatements of Service after cancellation may be subject
to a Service reinstatement fee, at iOfficeSuite.com discretion.
Indemnification and Release
You agree to indemnify and hold harmless iOfficeSuite.com and its
directors, officers, affiliates, employees, agents,
suppliers, subcontractors, and vendors from any damages,
losses, obligations, liabilities, claims and expenses
(including reasonable attorneys' fees and other costs and
expenses of any suit, action, investigation, claim, or
proceeding) of any kind whatsoever, sustained, incurred or
required to be paid by iOfficeSuite.com by reason of or arising out
of, directly or indirectly, your use of the Services, or the
use of your Service account by another (whether or not
authorized by you), including without limitation, any claim
of libel, defamation, violation of rights of privacy or
publicity. iOfficeSuite.com reserves the right to assume the
exclusive defense and control of any such claim subject to
indemnification, but, notwithstanding iOfficeSuite.com's control of
the defense of such claim, you will remain obligated under
this indemnity.
Disclaimer of Warranty
You acknowledge and agree that iOfficeSuite.com has not made, and
does not make, any warranty or guarantee with respect to the
Service, whether express or implied, and that the Service is
offered to you "AS IS" and "AS
AVAILABLE". Without limitation of the foregoing,
iOfficeSuite.com makes no warranty that the Service (i) is
merchantable, (ii) is fit for a particular purpose, (iii) is
or will operate "error-free", or (iv) is
noninfringing of the rights of any third party. You
acknowledge and agree that iOfficeSuite.com cannot and does not
guarantee (i) that the Service will be available at all
times, (ii) that voice mail, fax mail or e-mail messages or
other services will be delivered or received within a
particular time, or will be transmitted accurately, (iii)
that voice mail, fax mail or e-mail messages will be stored
for any particular time, or (iv) that each and every country
will be accessible through its access numbers. You
acknowledge and agree (i) that iOfficeSuite.com cannot and does not
guarantee, and assumes no liability for, the security or
confidentiality of data transmitted to or from the Service,
(ii) that no computer system is immune from intrusion, (iii)
that data transmitted to or from the Service may pass
through many computer systems, and (iv) even encrypted data
is only as secure as the encryption method used to protect
it and may not offer complete security.
Limitation of Liability
YOU AGREE THAT IOFFICESUITE.COM WILL NOT BE LIABLE OR RESPONSIBLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSSES, LOST PROFITS,
OBLIGATIONS, LIABILITIES, CLAIMS AND EXPENSES (INCLUDING
REASONABLE ATTORNEYS' FEES AND OTHER COSTS AND EXPENSES OF
ANY SUIT, ACTION, INVESTIGATION, CLAIM, OR PROCEEDING) OF
ANY KIND WHATSOEVER (WHETHER BASED IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE), SUSTAINED OR INCURRED BY YOU AS A
RESULT OF YOUR USE OF THE SERVICE OR THE USE OF YOUR SERVICE
ACCOUNT BY ANOTHER (WHETHER OR NOT AUTHORIZED BY YOU),
INCLUDING THE LOSS, DELAY OR INACCURACY OF ANY VOICE MAIL,
E-MAIL OR OTHER MESSAGE OR SERVICE, ANY LOSS OF
CONFIDENTIALITY OF ANY VOICE MAIL, E-MAIL OR OTHER MESSAGE
INTENDED TO BE CONFIDENTIAL, OR AS A RESULT OF ANY
SUSPENSION, INTERRUPTION OR CANCELLATION OF SERVICE (EVEN IF
IOFFICESUITE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). IN NO EVENT WILL THE AGGREGATE LIABILITY OF
IOFFICESUITE.COM FOR ANY AND ALL CLAIMS (WHETHER BASED IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE), EXCEED THE AMOUNT PAID
BY YOU TO IOFFICESUITE.COM FOR SERVICE RENDERED IN THE MOST RECENT
BILLING PERIOD.
Cooperation with Law Enforcement Agencies and Others:
Access by iOfficeSuite.com
You agree that iOfficeSuite.com may cooperate with law enforcement
authorities and/or injured third parties in the
investigation of any suspected crime or civil wrong
attempted or perpetrated by using, or attempting to use, the
Service. You agree that it may be necessary for
iOfficeSuite.com to
examine any and all portions of the Service and Service
sites, including, without limitation, accessing your
mailbox, to cooperate in such investigations and also to
resolve system problems or mail system errors, and you
hereby consent to such examination.
Copyright/Trademarks
The trademarks, logos and service marks displayed on Service
materials or any Service web sites are the property of
iOfficeSuite.com, its affiliates and other parties. You agree that
you may not use any such trademark, logo or service mark
without the written permission of iOfficeSuite.com or such third
party which may own them. You agree that the Service, and
all programs, services, processes, technologies, designs,
inventions, materials and software used by iOfficeSuite.com for or
in connection with the Service are owned by and/or are
proprietary to iOfficeSuite.com, and you agree not to duplicate, or
attempt to duplicate, such Service, or provide any similar
service, in whole or in part, directly or indirectly, alone
or in cooperation with others; or to translate, reverse
engineer, disassemble or decompile any software used or
owned by iOfficeSuite.com for or in connection with the Services.
Compliance with Laws
Your Service account may only be used for lawful purposes.
You agree that your access to and your use of your Service
account is subject to all applicable federal, state and
local laws and regulations. iOfficeSuite.com reserves the right to
identify and restrict same or substantially similar
electronic mail messages, whether or not commercial, to a
large number of recipients (sometimes known as spamming).
Because iOfficeSuite.com has no practical ability to restrict all
conduct, communications or content which might violate these
Terms and Conditions prior to its transmission on
iOfficeSuite.com' systems, and because iOfficeSuite.com cannot ensure prompt removal
of any such communications or content after transmission or
posting, iOfficeSuite.com does not assume liability to you or others
for any failure to enforce the terms of these Terms and
Conditions.
Incorporation of Tariff
You acknowledge that iOfficeSuite.com's network carriers may provide
certain long distance and other telecommunications services
to iOfficeSuite.com for use by you as a part of the Service. You
agree that the terms and conditions (excluding rates and
charges) of the applicable FCC Tariffs as modified from time
to time are incorporated by reference and made a part of
this Agreement. You agree to be bound by the terms and
conditions of the Carriers' Tariffs with respect to the
interexchange services portion of the Service.
Arbitration and Governing Law
Any dispute arising out of or related to these Terms and
Conditions or the use of the Service by you (or by another
person using your Service account, with or without your
permission) shall be submitted to binding arbitration before
the American Arbitration Association in Los Angeles,
California.
You agree that all arbitration proceedings shall be before
one arbitrator in Los Angeles, California, and you waive any
objections that might otherwise be available based on
improper venue or forum non conveniens. Discovery
appropriate to the dispute between the parties and the
desire of the parties for a prompt and efficient resolution
of the dispute will be permitted. The arbitrator will be
bound by these Terms and Conditions and applicable law, and
the decision of the arbitrator will be binding on
iOfficeSuite.com and you. The arbitrator will have the power to award costs
and expenses (including attorneys fees) to the prevailing
party. The arbitrator's decision may be enforced in any
court of competent jurisdiction. These Terms and Conditions
shall be governed by the laws of California applicable to
agreements entered into and performed wholly in California.
I HAVE READ AND UNDERSTAND THIS ACTIVATION AGREEMENT
AND AGREE TO BE BOUND BY ALL OF THE TERMS.
For
Assistance, Call Us Toll-Free: 1
(877) 595-9899
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