Votexh, herein known as (COMPANY), provides telecommunication services (SERVICE) described in greater detail on our web site to you (END USER) subject to the following conditions:
By accessing this site and/or registering or using the SERVICE, the END USER acknowledges receiving, reading and understanding this General Service Agreement (AGREEMENT) and accepts the terms and conditions herein. If END USER does not agree to these Conditions of Use, please do not use our site or the SERVICE. COMPANY reserves the right, at our discretion, to update or revise these Conditions of Use. Each time END USER logs in or otherwise access this site or use the SERVICE following the posting of any changes to the Conditions of Use, END USER hereby accept these changes regardless of whether END USER have checked or visited the Conditions of Use portion of the site. These Conditions of Use govern the use of our site and our service by viewers and other users.
END USER is solely responsible for actions and the content of your transmissions through or in connection with the SERVICE, it being understood that each employee acts on behalf of any company with which such employee is associated in all actions and submissions on or in connection with the SERVICE. END USER agrees:
(a) to abide by all applicable local, state, national, and international laws and regulations in your use of the SERVICE;
(b) not to use the SERVICE for illegal purposes;
(c) not to use or attempt to use another person's or entity's account, telephone number, SERVICE, system or other Confidential Access Information without authorization from the owner;
(d) to comply with all laws regarding the transmission of voice or technical data (including all export laws, regulations, and restrictions of the United States);
(e) not to make unsolicited contact, stalk, threaten, or harass anyone through, in connection with, or utilizing any data collected through the SERVICE;
(f) that COMPANY neither endorse the content of any of your communications nor assume any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the SERVICE;
(g) not to interfere or disrupt networks connected to the SERVICE or otherwise attempt to interfere with the proper function of the SERVICE; and
(h) not to attempt to obtain unauthorized access to the SERVICE.
COMPANY, at our sole discretion may immediately terminate your access to the SERVICE and/or this site should your conduct fail to conform to any provision of this AGREEMENT.
For Free user user (otherwise known as free account owner), the SERVICE is provided to END USER for your personal, residential, non-business and non-professional use. This means that END USER are not to use it for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales or any other activity that would be inconsistent with normal personal usage patterns. This also means that END USER not to resell, package with equipment or transfer the SERVICE to any other person for any purpose, or make any charge for the use of the SERVICE, without express written permission from our company. COMPANY reserve the right to immediately terminate or modify the Service, if it is determined, in our sole discretion, that Customer's Service is being used for non-personal or business use.
For Individual service user, the SERVICE is provided to END USER as an individual user, for your personal, residential, non-business and non-professional use. This means that END USER are not to use it for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal individual usage patterns. This also means that END USER are 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 written permission from our company. END USER agree that your use of the SERVICE provided to END USER by any other person for any business or governmental purpose will obligate END USER to pay the higher rates for business service on account of all periods, including past periods, in which END USER use, or used, the SERVICE for business or governmental purposes. COMPANY reserves the right to immediately terminate or modify the Service, if COMPANY determines, in its sole discretion, that Customer's SERVICE is being used for non-individual or business use.
For Business SERVICE user, the SERVICE is provided to END USER as a business user. This means that END USER are not to resell or transfer the SERVICE to any other person for any purpose, without express written permission from our company. END USER agree that the Business Plans do not confer the right to use the SERVICE for auto-dialing, continuous or extensive call forwarding, call centers (incoming or outgoing), telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. COMPANY reserves the right to immediately terminate or modify the SERVICE, if COMPANY determines, in its sole discretion, that Customer's SERVICE is being used for any of the activities mentioned above.
For Individual and Business monthly plan users the SERVICE is provided on a monthly basis and is paid in advance for each month. The monthly plan activation date is deemed the anniversary date. The monthly plan will renew each month on the anniversary date unless terminated by the customer. Notice of termination must be in writing via email to our email address of record two days prior to the anniversary date. Monthly plan fees will not be prorated and/or refunded for the termination month. Notice of termination received after the required notice date will be effective for the next anniversary date. A setup fee will be charged to reactivate plans that were previously terminated. Requests to upgrade or downgrade a monthly calling plan to a different calling plan must be submitted in writing and to the email address of record. Request to change an existing plan must be submitted at least five days prior to the monthly anniversary date. Requests to upgrade or downgrade a monthly plan are not automatic and are subject to approval by Our Company. Existing monthly plan customers that receive approval from to change to a more expensive (upgrade) monthly plan may do so without having to pay another setup fee. Existing monthly plan customers that receive approval to change to a less expensive (downgrade) monthly plan may do so and will be required to pay another setup fee.
Any End User's use of the SERVICE or any other action that causes a disruption in the network integrity of our company or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the SERVICE and/or payment for damages relating to such conduct. The End User understands that neither us nor our vendors are responsible for the content of the transmissions that may pass through the Internet and/or the SERVICE. The End User agrees that it will NOT use the SERVICE in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. The End User agrees and represents that it is using the SERVICE for its own internal use only, and shall not resell the SERVICE thereof. The SERVICE is for the personal, residential and reasonable business use of the End User only. Such use shall not include certain activities, including but not limited to any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with personal, residential and reasonable business use patterns.
COMPANY may change the terms and conditions this Agreement from time to time and at its discretion without prior notice. COMPANY reserves the right to change, suspend or cancel the SERVICE, temporarily or permanently, with or without notice to the End User. COMPANY will not be liable to the End User or any third party in the event that COMPANY exercises its right to modify or discontinue the SERVICE.
Any telephone number provided (the Number) to the End User shall be leased and not sold to the End User. The End User shall not obtain any rights, title or interest in the Number. The End User is not to use the Number with any other device other than the approved equipment (the Equipment) without the express written permission of our company. COMPANY reserves the right to change, cancel or move the Number at its discretion. Upon expiration, cancellation or termination of the SERVICE, the End User shall relinquish and discontinue use of any phone numbers, voice mail access numbers and/or web portals assigned to the End User by our company.
COMPANY does not currently charge any fees to use The Free Internet calling SERVICE. COMPANY reserves the right to change this policy at its sole discretion without prior notice. The End User is responsible for procuring and paying the costs for any software, hardware, or internet/broadband connection charges necessary to access and use the SERVICE.
All paid services new or recurring are prepaid.
Your initial use of the SERVICE authorizes us to charge the credit card account number on file with our company, including any changed information given if the card expires or is replaced, or if END USER substitute a different card, for recurring charges. This authorization will remain valid until 30 days after receives your written notice terminating authority to charge your credit card.
COMPANY may terminate your SERVICE at any time in its sole discretion, if any charge to your credit card on file with us is declined or reversed, your credit card expires and you have not provided us with a valid replacement credit card or in case of any other non-payment of account charges.
The SERVICE user must provision us with a valid credit card number (Visa, MasterCard, Discover, American Express or any other issuer then-accepted by our company) when the SERVICE is activated. COMPANY reserves the right to stop accepting credit cards from one or more issuers. If the card expires, END USER close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, END USER must advise us immediately. Such billing charges will include monthly SERVICE fees, applicable taxes and any other applicable charges. Monthly SERVICE fees are charged in advance to your credit card, including but not limited to: monthly recurring charges.
END USER are responsible for, and shall pay, any 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.
COMPANY provides the End User with technical support at its sole discretion and as limited to the SERVICE and the Equipment provided hereunder. Technical support is rendered from our premise, as available, via email. Support for other applications and uses is not provided or implied.
COMPANY reserves the right to, in its sole discretion, suspend or discontinue your access to all or part of this site or the SERVICE, with or without notice. COMPANY will not be liable to END USER or any third party for termination of the SERVICE.
The End User agrees to defend, indemnify and hold harmless our company, its directors, officers, shareholders, affiliates, agents, successors, assigns and vendors, from any claims or damages relating to this Agreement or a breach or violation of this Agreement, including reasonable attorneys' fees.
EMERGENCY SERVICES - 911 Service
END USER MUST MAINTAIN AN ALTERNATE MEANS OF REQUESTING EMERGENCY SERVICES. END USER acknowledges and understands that COMPANY does NOT support traditional 911 and E911 access to emergency services. The limited emergency response service provided by us differs in a number of important ways from traditional 911 and E911 as explained further below. END USER must maintain an alternate means of accessing traditional emergency response services
END USER acknowledges and understands that our 911 Service cannot be used in conjunction with a Soft Phone or non-interconnected Virtual Numbers (virtual numbers not associated with a DID and therefore cannot receive calls from a PSTN line). Our 911 Service is not automatic; END USER must separately take affirmative steps, as described in this Agreement and on our website, to register the address where END USER will use the Services in order to activate the 911 feature. END USER must do this for each interconnected virtual number that END USER obtains. The 911 Service is different in a number of important ways from traditional 911 or E911 service as described on our website page for E911 Service and below. END USER shall inform any household residents, guests and other third persons who may be present at the physical location where END USER utilize the Service of (i) the non-availability of traditional 911 or E911, and (ii) the important differences in and limitations of the our 911 service as compared with traditional 911 or E911 Service. The documentation that accompanies each Device that END USER purchase should include a sticker concerning the potential non-availability of traditional 911 or E911 Service (the "911 Sticker"). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 911 Sticker on each Device that END USER use with the Service. If END USER did not receive a 911 Sticker with your Device, or END USER require additional 911 Stickers, please contact our customer care department.
END USER acknowledges and understands that for each interconnected virtual number that END USER use for the Service, END USER must register with the physical location where END USER will be using the Service with that virtual number. When END USER moves the Device to another location, END USER must register your new location. If END USER do not register your new location, any call END USER make using the 911 Service feature may be sent to an emergency center near your old address. END USER will register your initial location of use when END USER subscribes to the Service. Thereafter, END USER may register a new location by logging into your control panel and clicking on the “update 911 info” button located next to your virtual number on the “DID Numbers” page. For purposes of the 911 features, END USER may only register one location at a time for each phone line END USER use with the Service.
END USER acknowledges and understands that your 911 Service will not be activated for any phone line that END USER are using with the Service, unless and until END USER has submitted a verified address.
END USER acknowledges and understands that COMPANY contracts with a third party to use the address of your registered location to determine the nearest emergency response center and then forward your call to a general number at that center. When the center receives your call, the operator will have the address END USER entered in our 911 database as well as your DID number that END USER associated with your virtual number. If END USER has not provided this information, END USER must provide your address and phone number in order to get help. In order to allow the emergency operations center personnel to call END USER back if necessary, COMPANY immediately disables any call forwarding that END USER may have established in your account. Some local emergency response centers may decide not to have their general numbers answered by live operators 24 hours a day. If COMPANY learns that this is the case, COMPANY will send your call instead to a national emergency calling center and a trained agent will contact an emergency center near END USER to dispatch help. END USER hereby authorize us to disclose your name and address to third-party service providers, including, without limitation, call routers, call centers and public service answering points, for the purpose of dispatching emergency services personnel to your registered location.
(a) Service Outages Due to Power Failure or Disruption. END USER acknowledges and understands that 911 Service does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Service, will not function until power is restored. Following a power failure or disruption, END USER may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Service.
(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. END USER acknowledges and understands that service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Service, from functioning.
(c) Service Outage Due to Suspension or Termination of Your Account.
END USER acknowledges and understands that service outages due to suspension or termination of your account will prevent all Service, including 911 Service, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. END USER acknowledges and understands that your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that END USER alerts us to this situation, COMPANY will attempt to work with END USER to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Service feature, may not function. END USER acknowledges that COMPANY is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 Service, that may result. In the event END USER lose service as a result of blocking of ports or any other impediment to your usage of the Service, END USER will continue to be responsible for payment of the Service charges unless and until END USER terminate the Service in accordance with this Agreement.
(e) Other Service Outages. END USER acknowledges and understands that if there is a Service outage for any reason, such outage will prevent all Service, including 911 Service, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
Change Your Number or Add or Port New Numbers. END USER acknowledges and understands that 911 Service does not function if END USER change your phone number or if END USER add or port new phone numbers to your account, unless and until END USER successfully register your location of use for each changed, newly added or newly ported phone number.
Reduced Speed for Routing or Answering 911 Service Calls. END USER acknowledges and understands that there may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Service call made utilizing the Service as compared to traditional 911 Service over traditional public telephone networks.
END USER acknowledges and understands that it may or may not be possible for the local emergency personnel to automatically obtain your phone number when END USER use 911 Service. Our system is configured to send the automatic number identification information; however, one or more telephone companies, not us, route the traffic to the emergency response center and that center may not be capable of receiving and passing on that information. As a result, the operator who answers your 911 Service call may not be able to automatically obtain your phone number and call END USER back if the call is not completed or is not forwarded, is dropped or disconnected, if END USER are unable to speak to tell the operator your phone number, or if the Service is not operational for any reason.
END USER acknowledges and understands that in most service areas, it is not possible at this time to transmit to the local emergency response center the address that END USER registered for 911 Service. END USER will need to state the nature of your emergency promptly and clearly, including your location (and possibly your telephone number), as the operator may not have this information. Emergency personnel will not be able to find your location if the call is not completed or is not forwarded, is dropped or disconnected, if END USER are unable to speak to tell the operator your location, or if the Service is not operational for any reason.
END USER acknowledges and understands that COMPANY do not have any control over whether, or the manner in which, calls using our 911 Service are answered or addressed by any local emergency response center. COMPANY disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center.
END USER acknowledges and understands that COMPANY rely on third parties to assist us in routing 911 Service calls to local emergency response centers and to a national emergency calling center. COMPANY disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither our company, nor its officers or employees, may be held liable for any claim, damage, or loss, and END USER hereby waive any and all such claims or causes of action, arising from or relating to our 911 Service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. END USER shall defend, indemnify, and hold harmless our company and or any of our subsidiaries, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to END USER in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, END USER or any third party relating to the absence, failure or outage of the Service, including 911 Service, incorrectly routed 911 Service calls, and/or the inability of any user of the Service to be able to use 911 Service or access emergency service personnel.
END USER acknowledges and understands that COMPANY strongly encourages END USER to have an alternate means of accessing traditional 911 or E911 services or terminating the Service. COMPANY does not recommend END USER rely on a non-traditional 911 service in an emergency.
END USER acknowledges and understands that COMPANY charges a fee of $25.00 US Dollars for all non-emergency calls to the 911 Service. This charge is in place to help ensure that the service is not abused.
END USER acknowledges and understands that while our 911 Service is not traditional 911, abusing the 911 Service, making false or prank calls to a 911 service is still a crime. If END USER commits such acts, your account will be terminated and END USER may be prosecuted by your local and state governments.
To the full extent permissible by applicable law, COMPANY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. COMPANY does not warrant that this site, its servers, the SERVICE or e-mail sent from us are free of viruses or other harmful components. COMPANY will not be liable for any damages of any kind arising from the use of or inability to use this site, including, but not limited to direct, indirect, incidental, punitive, special, exemplary and consequential damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if COMPANY have been advised of the possibility of such damage. COMPANY make no representations or warranties of any kind express or implied, as to the operation of this site and/or the SERVICE or the information, content, materials, or products included on this site. COMPANY makes no warranty that:
(i) this site or the SERVICE will meet your requirements,
(ii) this site or SERVICE will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of this site or SERVICE will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by END USER through this site or SERVICE will meet your expectations, an
(v) any errors in this site or the SERVICE will be corrected.
COMPANY will not be liable for any direct, indirect, consequential, incidental or special damages, whether foreseeable or not, which may result from use or access to this site and/or the SERVICE. END USER understands and agree that the use of this site and/or the SERVICE is at your sole risk and discretion and is on an "as is" and "as available" basis. END USER also understands and agree that END USER will be solely responsible for any damage resulting from END Users use of this site or the SERVICE, including damage to your computer system or loss of data that results from material or data that is downloaded from this site.
Our company is not responsible for the content on the Internet or the World Wide Web not otherwise located on this site. As a convenience to our End Users, COMPANY may provide links to resources that are beyond its control. COMPANY makes no representations as to the quality, suitability, functionality or legality of any sites to which COMPANY may provide links, and the End User hereby waives any claim he or she might have against our company with respect to such sites.
In no event shall our company, its officers, directors, employees, affiliates, agents, successors, assigns or any other service provider who furnishes services to the End User in connection with this Agreement or the SERVICE be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the SERVICE, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not COMPANY was informed of the likelihood of any particular type of damages.
In the event that COMPANY determine, at its sole discretion, that END USER have breached any portion of these Conditions of Use, or have otherwise demonstrated conduct inappropriate for our site, COMPANY reserves the right to (i) warn END USER via email that END USER have violated these Conditions of Use; (ii) delete any or all content provided by END USER or END USER agent(s) to this site, (iii) discontinue your access to the SERVICE or site; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which COMPANY deem to be appropriate.
This Agreement is governed by the laws of the State of Florida without regard to its conflicts of law provisions. The End User acknowledges and agrees that Florida courts have jurisdiction over this Agreement and customer, that Miami Dade County, Florida is an appropriate place for venue of any litigation, and that all litigation, to the extent possible, shall be in Miami, Florida.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of our company or its content suppliers (the Intellectual Property) and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of our company and protected by U.S and international copyright laws. END USER may not post to this site, use the SERVICE and/or copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer, any material subject to any Intellectual Property. END USER has the burden of determining whether any information, software, images or any other content on this site is not protected by any Intellectual Property.
When END USER registers as a member of our company, END USER will be required to provide us with your End User I.D., and password other confidential access information (Confidential Access Information).
Except as provided herein, COMPANY will not sell to any third party your name, address, email address and End User I.D., unless END USER provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations or in legal proceedings where such information is relevant. COMPANY grant third parties providing technical services to us access to our database only to the extent necessary to provide such technical services. In those instances, such third parties are bound by these Terms and Conditions. Your informed consent shall be in the form of an "opt in" or similar policy. In addition, COMPANY may assign, sell, license, or otherwise transfer to a third party its entire database, including your name, address, email address, and End User I.D., in connection with an assignment, sale, joint venture, or other transfer or disposition of all or a significant portion of the assets or stock of our company.
END USER is responsible for maintaining the confidentiality of your Confidential Access Information. END USER shall be responsible for all uses of your Confidential Access Information, whether or not authorized by END USER. END USER agrees to immediately notify us of any unauthorized use of your Confidential Access Information.
END USER may provide links only to or home page provided (a) END USER do not remove or obscure, by framing or otherwise, the copyright notice, content or other notices on this site, (b) END USER give us prior written notice of such link via email, and (c) END USER discontinue providing links to this site if notified by our company.
In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
The failure of any party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
COMPANY may assign our rights and obligations under this Agreement, and upon such assignment COMPANY may be relieved of any further obligation hereunder. This Agreement, and any modifications of this Agreement by our company as provided above, constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of this Agreement will, at the election of our company, be deleted or modified to correct the defect and, regardless, the remainder of the terms of this Agreement will remain valid and enforceable.
By accessing this site and using the SERVICE, END USER are agreeing to receive electronic documents, billing reports, statements and records (electronic records) in lieu of paper documents, statements and records from us. Your electronic records may be emailed to END USER to the email account that END USER provide to us, accessed through this site using your Confidential Access Information or otherwise electronically provided to END USER. By accessing this site and using the SERVICE, END USER are also agreeing to the use of electronic signatures in lieu of (and in addition to) wet-ink, physical signatures. END USER may request a paper copy of any electronic record that COMPANY send END USER by sending an email request to our company. END USER can also request this by sending a written request to our address of record, ATTN: Electronic Records. END USER will be charged $10.00 for every paper record that END USER request prior to END USER cancellation of consent. END USER can withdraw your consent to receive electronic records from us by sending an email message to email address of record or by sending a written letter. END USER will be charged a $50.00 cancellation of consent fee. This consent applies to all electronic records that COMPANY may send END USER. Your withdrawal of this consent will not affect the legal effectiveness, validity or enforceability of any electronic record that COMPANY provide to END USER prior to the withdrawal of such consent. If END USER changes your email address to receive electronic records, END USER must notify us of your new email address by sending an email or written letter to our address of record.
END USER represents to COMPANY that END USER has the authority and capacity to understands and agree to these Conditions of Use. END USER acknowledges (a) that END USER has read and understood these Conditions of Use; and (b) that these Conditions of Use have the same force and effect as a signed agreement.