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Terms of use
IgraNet, LLC. ("IgraNet" or "we") provides its content on this Web
site (the "Site") subject to the following terms and conditions (the
"Terms"). We may periodically change the Terms, so please check back
from time to time. By accessing and using this Site, you agree to
these Terms. For an explanation of IGRANET's practices and policies
related to the collection, use, and storage of our users'
information, please read our
Privacy Statement.
1. Service
1.1 Term
Service is offered on a monthly basis for a term which begins on the
date that IgraNet 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 without further
action by you unless you give IgraNet written e-mail 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 disconnect fee
if applicable under the terms of this Agreement, all of which
immediately become due, payable, and chargeable to your credit card.
Expiration of the term or termination of Service does not excuse the
Customer from paying all unpaid, accrued charges due in relation to
the Agreement.
1.2
Equipment Requirements
The Service requires standard SIP based customer premises equipment
("CPE") which may be provided by IgraNet or by the Customer on a
BYOD (Bring Your Own Device) plan pursuant to the terms of this
Agreement. Use of the Service without such equipment is strictly
prohibited. If you elect to provide your own equipment, then you are
solely responsible for maintaining it and ensuring that it is
compatible with the Service, and you agree that if it is not
compatible with, or properly configured for IgraNet, IgraNet may
terminate the Service in its sole discretion.
1.3.1 Residential Use of Service
If you have subscribed to IgraNet's Residential services, the
Service is provided to you as a single usage (user) residential
plan, for your own personal, residential, non-business and
non-professional use. This means that you agree not to use, and may
not use, the Service for any commercial activities, governmental
activities, profit-making activities, and/or non-profit activities,
including but not limited to home office, business, sales, tele-commuting,
tele-marketing, auto-dialing, continuous or extensive call
forwarding, call relaying, fax broadcast, fax blasting and any other
activity that would be inconsistent with normal residential usage
patterns. This also means that you agree not to, and may not, sell,
resell or transfer the Service to any other person for any purpose,
or make any charge for the use of the Service, without the prior
express written permission from IgraNet. You agree that if IgraNet
determines in its sole discretion that you have used the Service,
and/or anyone else has used the Service for any activities and
purposes prohibited by this section it may immediately charge you
IgraNet's higher rates for its Business service for all periods,
including past periods, in which you use, or used, the Service for
such prohibited activities together with a US$100.00 administrative
fee for same, and that IgraNet may immediately charge such amounts
on your credit card. IgraNet reserves the right to immediately
terminate and subject you to the disconnect fee pursuant to Section
7.6 or modify the Service, if IgraNet determines, in its sole
discretion, that Customer's Service is being used for such
prohibited activities or in any other manner prohibited by this
Agreement. In addition to and without prejudicing or waiving any
other remedies that it is entitled to, IgraNet, after it has
determined in its sole discretion that you have violated this
Section 1.3.1, may retroactively charge you $.05 per minute for all
US and Canadian calls made since the activation of your account.
Violations of this Section 1.3.1 regarding International calls will
likewise be retroactively billed at the then current published
rates. You agree that any payment made to IgraNet pursuant to this
section is made as liquidated damages and not as a penalty, because
it would be difficult if not impossible to ascertain damages. In the
event that IgraNet has to take legal action to enforce the
provisions of this section, the prevailing party shall be entitled
to its reasonable expenses, including attorney’s fees, regardless of
whether in house or outside counsel is employed. If in house counsel
is employed, billing shall be at the rate of $300.00 per hour and
billed in six minute increments.
1.3.2 Business Use of Service
If you have subscribed to IgraNet's Business services, the Service
is provided to you as a business user. This means that you agree not
to, and may not, sell, resell or transfer the Service to any other
person for any purpose, or make any charge for the use of the
Service, without the prior express written permission from IgraNet.
You agree that the IgraNet Business Plan does not confer the right
to use the Service for auto-dialing, call center activities,
continuous or extensive call forwarding, call relaying,
telemarketing, fax broadcasting or fax blasting, and that you may
not use the Service for those purposes. IgraNet reserves the right
to (1) immediately terminate or modify the Service, and (2) charge
an administrative fee of US$100.00 per day of service during which
Customer engaged in prohibited activities, if IgraNet determines, in
its sole discretion, that Customer's Service is/was being used for
such prohibited activities or in any other manner prohibited by this
Agreement.
1.4
Prohibited Uses of Service
You agree to use the Service only for lawful purposes. You agree not
to use the Service for any unlawful purpose, including for example,
using the Service in a way that (1) interferes with our ability to
provide Service to you or other customers, or (2) avoids your
obligation to pay for the Services. You also agree not to use the
Service for transmitting or receiving any communication or material
of any kind which would (1) constitute a criminal offense, give rise
to a civil liability, or otherwise violate any applicable local,
state, national or international law or (2) encourage conduct that
would constitute a criminal offense, give rise to a civil liability,
or otherwise violate any applicable local, state, national or
international law. IgraNet reserves the right to terminate the
Service immediately and without advance notice if IgraNet, in its
sole discretion, believes that you have violated the above
restrictions, leaving you responsible for the full month's charges
to the end of the current term, including without limitation
unbilled charges, plus a disconnect fee, all of which immediately
become due, payable and chargeable to your credit card. If IgraNet,
in its sole discretion believes that you have violated the above
restrictions, IgraNet may forward the objectionable material, as
well as your communications with IgraNet and your personally
identifiable information to the appropriate authorities for
investigation and prosecution, and by using the Service you thereby
consent to such forwarding.
1.5
Use of Service and Device by Customers Outside the United States
IgraNet allows use of the Service inside or outside of the United
States. However, if you use it outside the United States you do so
at your own risk. If you remove the Device to a country outside the
United States and/or use or attempt to use it there, you do so at
your own risk, including but not limited to the risk that such
activity violates the laws of the country where you do so, and/or
violates the export laws of the United States and/or the import laws
of that other country.
1.6
Loss of Service Due to Power Failure or Internet Service/Broadband
Outage
You acknowledge and understand that the Service does not function in
the event of power failure. Should there be an interruption in the
power supply, the Service will not function until power is restored.
A power failure or disruption may require the Customer to reset or
reconfigure the Device and other CPE equipment prior to using the
Service. You also acknowledge and understand that the Service
requires a fully functional broadband connection to the Internet
(which is not provided by IgraNet) and that, accordingly, in the
event of an outage of, or termination of broadband service with or
by your Internet service provider ("ISP") and/or broadband provider,
the Service will not function. If there is an interruption in the
power supply and/or an ISP/broadband outage, the Service will not
function until the power supply is restored and/or the ISP/broadband
outage fixed. You will continue to be billed for the Service during
such failures, terminations and/or outages unless and until you or
IgraNet terminate the Service in accordance with this Agreement.
1.7
Copyright / Trademark / Unauthorized Usage of Device, Firmware or
Software
The Service and Device and any firmware or software used to provide
the Service or provided to Customer in conjunction with providing
the Service, or embedded in the Device, and all Services,
information, documents and materials on IgraNet's website(s) are
protected by trademark, copyright or other intellectual property
laws and international treaty provisions. All websites, corporate
names, service marks, trademarks, trade names, logos and domain
names (collectively "marks") of IgraNet are and shall remain the
exclusive property of IgraNet and nothing in this Agreement shall
grant you the right or license to use such marks. You acknowledge
that you are not given any license to use the firmware or software
used to provide the Service or provided to Customer in conjunction
with providing the Service, or embedded in the Device, other than a
nontransferable, revocable license to use such firmware or software
in object code form (without making any modification thereto)
strictly in accordance with the terms and conditions of this
Agreement, and that the Device is exclusively for use in connection
with the Service. You expressly agree that the Device is exclusively
for use in connection with the Service and that IgraNet will not
provide any passwords, codes or other information or assistance that
would permit or enable you to use the Device for any other purposes.
If you decide to use the Service through an interface device not
provided by IgraNet, which IgraNet reserves the right to prohibit in
particular cases or generally, you warrant and represent that you
possess all required rights, including software and/or firmware
licenses, to use that interface device with the Service and you will
indemnify and hold harmless IgraNet against any and all liability
arising out of your use of such interface device with the Service.
You agree not to reverse compile, disassemble or reverse engineer or
otherwise attempt to derive the source code from the binary code of
the firmware or software.
1.8
Tampering with the Device and Service
You agree not to change the electronic serial number, MAC or
equipment identifier of the Device, or to perform a factory reset of
the Device, without express permission from IgraNet in each instance
which IgraNet may grant or deny in its sole discretion. IgraNet
reserves the right to terminate your Service should you tamper with
the Device, leaving you responsible for the full month's charges to
the end of the current term, including without limitation unbilled
charges, plus a disconnect fee, all of which immediately become due
and payable. You agree not to disrupt or hack the Service or to make
or attempt to make any use of the Service that is inconsistent with
its intended purpose.
1.9
Theft of Service or Device
You agree to notify IgraNet immediately, in writing or by calling
the IgraNet customer support line, if the Device is stolen or if you
become aware at any time that your Service is being stolen or
fraudulently used. When you call or write, you must provide your
account number and a detailed description of the circumstances of
the Device theft or fraudulent use of Service. Failure to do so in a
timely manner may result in the termination of your Service and
additional charges to you. You will be liable for all use of the
Service using a Device stolen from you and any and all stolen
Service or fraudulent use of the Service.
1.10
Number Transfer on Service Termination
IgraNet may, solely at the Company's discretion, release any
telephone number that was ported in to IgraNet by you and used in
connection with your Service to your new service provider, if such
new service provider is able to accept such number, upon your
termination of the Service, and provided (i) your account has been
terminated; (ii) your IgraNet account is completely current
including payment for all charges and disconnect fees; and (iii) you
request the transfer upon terminating your account. IgraNet will not
transfer or release telephone numbers that it has assigned for use
in conjunction with your Service.
1.11
Service Distinctions
You acknowledge and understand that the Service is not a telephone
service. Important distinctions exist between telephone service and
the enhanced Service offering provided by IgraNet. Some, but not
all, of these distinctions are described in this Agreement. The
Service is subject to different regulatory treatment than telephone
service. This treatment may limit or otherwise affect your rights of
redress before Federal and State telecommunications regulatory
agencies or judicial forums.
1.12
No 900 Calls
The Service does not permit calls to 900 numbers or other
pay-per-call services.
1.13
No Operator Service
The Service does not support calls to operator services.
1.14
No Collect Calls
The Service does not support collect calls.
1.15
Directory Assistance
You agree that calls to Directory Assistance (411) excluding
toll-free Directory Assistance (1-8---555-1212) will incur a US$0.99
per call charge.
1.16
Calls from a Payphone
You agree that calls to a IgraNet Toll-free Alternate Number from a
Payphone will incur a US $0.75 per call charge.
1.17
NO 911 CALLS
The Service does not support 911 calls at this time. In the future,
911 calls may be supported for U.S. customers only, in condition
that the device will not be moved from its original location (home
or business address). Device mobility will not be allowed.
2.
Copyrights
All content and functionality on the Site, including text, graphics,
logos, icons, and images and the selection and arrangement thereof,
is the exclusive property of IGRANET or its licensors and is
protected by U.S. and international copyright laws. All rights not
expressly granted are reserved.
3. Trademarks
The trademarks, service marks, designs, and logos (collectively, the
"Trademarks") displayed on the Site are the registered and
unregistered Trademarks of IGRANET and its licensors. You agree that
you will not refer to or attribute any information to IGRANET or its
licensors in any public medium (e.g., press release, Web sites) for
advertising or promotion purposes, or for the purpose of informing
or influencing any third party and that you will not use or
reproduce any Trademark of, or imply any endorsement by or
relationship with, IGRANET or its licensors.
4. Use of Site Content
IGRANET hereby grants you a non-exclusive, non- transferable license
for the term hereof to access and download, display, and print one
copy of the content and functionality displayed on the Site (the
"Site Content") on any single computer solely for your internal,
business use, provided that you do not modify the Site Content in
any way and that you retain all copyright and other proprietary
notices displayed on the Site Content. You may not otherwise
reproduce, modify, distribute, transmit, post, or disclose the Site
Content without IGRANET's prior written consent.
5. Notices of Infringement
IGRANET prohibits the posting of any content that infringes or
violates the copyright rights and/or other intellectual property
rights (including rights of privacy and publicity) of any person or
entity. If you believe that your intellectual property right (or
such a right that you are responsible for enforcing) is infringed by
any content on the Site, please write to IGRANET at the address
shown below, giving a written statement that contains: (a)
identification of the copyrighted work and/or intellectual property
right claimed to have been infringed; (b) identification of the
allegedly infringing material on the Site that is requested to be
removed; (c) your name, address, and daytime telephone number, and
an e-mail address if available; (d) a statement that you have a good
faith belief that the use of the copyrighted work and/or exercise of
the intellectual property right is not authorized by the owner, its
agent, or the law; (e) a statement that the information in the
notification is accurate, and, under penalty of perjury, that the
signatory is authorized to act on behalf of the owner of the right
that is allegedly infringed; and (f) the signature of the
intellectual property right owner or someone authorized on the
owner's behalf to assert infringement of the right. IGRANET will
remove any posted content that infringes the copyright or other
intellectual property right of any person under U.S. law upon
receipt of such a statement (or any statement in conformance with 17
U.S.C. § 512(c)(3)). IGRANET's contact for submission of notices
under this Section 4 is: IGRANET, LLC 5 Driscoll Ct. New Jersey, NJ
08902; telephone number (646) 278-1116.
6. Disclaimers
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE
UNDERSTANDING THAT IGRANET IS NOT HEREIN ENGAGED IN RENDERING
PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND
FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IGRANET AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR
ADEQUACY OF THE SITE CONTENT. IGRANET SHALL HAVE NO LIABILITY OR
RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES,
CONTAINED IN ANY CONTENT PUBLISHED ON THE SITE, OR PROVIDED BY THIRD
PARTIES. IGRANET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS,
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES
AND REGARDLESS OF THE THEORY OF LIABILITY.
7. Third-Party Web Sites
We may provide links to third-party Web sites, and some of the
content appearing to be on this Site is in fact supplied by third
parties, for example, in instances of framing of third-party Web
sites or incorporation through framesets of content supplied by
third-party servers. IGRANET has no responsibility for these
third-party Web sites, which are governed by the Terms of Use and
privacy policies, if any, of the applicable third-party content
providers.
8. Governing Law; Jurisdiction
These Terms are governed by the laws of New Jersey without reference
to the principles of conflicts of laws thereof. Any dispute arising
from these Terms shall be resolved exclusively in the state and
federal courts of New Jersey.
Version: 1.0
September 9, 2005
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