IMPORTANT - READ CAREFULLY: The SimpleVoiceCenter product http://www.SimpleVoiceCenter.com (the "Product") is owned and operated by Free Conferencing Corporation, a Nevada corporation, and is provided to you ("You") under the terms and conditions of these Free Conferencing Corporation Terms of Service ("Terms"), which include Free Conferencing Corporation's Privacy Policy and Registration Form that are available through the hyperlinks set forth below and are incorporated herein by reference. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 9 AND 10 BELOW.
1. DESCRIPTION OF PRODUCT. SimpleVoiceCenter is a toll-based voicemail service that includes multiple voicemail boxes. It provides users with one phone number and access code that takes them to their voicemail tree. Free Conferencing Corporation provides free use of their messaging and storage equipment to registered users. All callers are individually responsible for paying any incurred long distance phone charges.
2. REGISTRATION. To use the Product, You must submit a complete SimpleVoiceCenter registration, which is available at http://www.SimpleVoiceCenter.com, on Your behalf. As part of the registration process for the Product, You agree to: (1) provide certain limited information about You as prompted to do so by the Product (such information is to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If Free Conferencing Corporation discovers that any of Your Registration Data is inaccurate, incomplete or not current, Free Conferencing Corporation may terminate Your right to access and receive the Product immediately upon notice. Free Conferencing Corporation will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. Free Conferencing Corporation may reject a registration application if it determines in its sole discretion that the user is not an appropriate subscriber or user of the Product. Free Conferencing Corporation reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. Free Conferencing Corporation need not provide a reason for its rejection. If Free Conferencing Corporation rejects Your application, then You may reapply and Free Conferencing Corporation will reconsider the application. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to Free Conferencing Corporation, that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with Free Conferencing Corporation and will become a subscriber to the SimpleVoiceCenter Service.
3. SERVICES
(a) Feedback. Free Conferencing Corporation may ask users to provide certain information in exchange for the use of the Product. The information requested includes call feedback, survey participation and polling conducted on the http://www.SimpleVoiceCenter.com site or through call detail reports. Failure to participate may result in Free Conferencing Corporation terminating Your right to access and receive the Product. In addition to Your obligations to submit feedback You agree You will not (i) submit any Feedback not based on direct experience with the product nor (ii) attempt to manipulate the Feedback by posting Feedback more than once with respect to a particular experience or set of related experiences (except if such information is requested in more than one category), or (iii) by posting Feedback from an account other than the account Free Conferencing Corporation assigned to You.
(b) Fees. There are no fees for SimpleVoiceCenter Free (“Products”). Your long distance carrier may impose long distance charges associated with your calling plan. Check with your long distance carrier for more information.
Although Free Conferencing Corporation does not anticipate any changes to its policy of offering “For Free” products, Free Conferencing Corporation reserves the right to institute new charges for access to or use of the Products at any time upon not less than thirty (30) days' notice to the customer. In addition, all changes will be posted at http://www.SimpleVoiceCenter.com. It is the customer’s responsibility to regularly review pricing information for changes posted in the terms and conditions. Continued use of the Products by the customer or non-termination of the Products after changes are posted constitutes customer’s acceptance of the prices and/or other changes.
(c) Federal Universal Service Fund Fee. Free Conferencing Corporation assesses the Federal Universal Service Fund Fee on all of its customers, which is designed to recover Free Conferencing Corporation's contribution to the Federal Universal Service Fund. Free Conferencing Corporation calculates the Federal Service Fund Fee as a percentage of all interstate and international charges on the Customer's monthly invoice. The percentage that Free Conferencing Corporation applies is the same as the FCC's universal service contribution factor. The current contribution factor can be found at: http://www.fcc.gov/omd/contribution-factor.html.
4. USER CONDUCT AND PROPRIETARY RIGHTS
(a) No Resale or Commercial Use of the Product. Your right to use the Product is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Product, other materials or any information obtained by You without the express written consent of Free Conferencing Corporation.
(b) Conduct. You are solely responsible for the content of Your transmissions through the Product. Free Conferencing Corporation does, however, reserve the right to take any action with respect to the Product that Free Conferencing Corporation deems necessary or appropriate in Free Conferencing Corporation's sole discretion if Free Conferencing Corporation believes You or Your transmissions or use of the Product may create liability for Free Conferencing Corporation. Your use of the Product is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Product; (2) not to use the Product for illegal purposes; (3) not to interfere or disrupt networks connected to the Product; (4) not to use the Product to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the Product, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another user's use and enjoyment of the Product.
(c) Proprietary Rights. SimpleVoiceCenter, Free Conferencing Corporation and the Free Conferencing Corporation logo, and other names, logos, icons and marks identifying Free Conferencing Corporation's products and services are trademarks of Free Conferencing Corporation and may not be used without the prior written permission of Free Conferencing Corporation. You may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver or otherwise transfer, directly or indirectly, the account access granted to You (in whole or in part) or create derivative works of this service without expressly being authorized to do so by Free Conferencing Corporation. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the Product. All rights not expressly granted in these Terms are reserved to Free Conferencing Corporation.
5. PRIVACY. Free Conferencing Corporation's use of any personal information You provide to it is set out in Free Conferencing Corporation's current Privacy Policy.
6. MODIFICATIONS. Free Conferencing Corporation may amend these Terms at any time by (i) posting a revised Terms of Service document on http://www.SimpleVoiceCenter.com, and/or (ii) sending information regarding the Terms amendment to the email address You provide to Free Conferencing Corporation. You are responsible for regularly reviewing the http://www.SimpleVoiceCenter.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, Free Conferencing Corporation reserves the right to modify or discontinue the Product with or without notice to You. Free Conferencing Corporation shall not be liable to You or any third party should Free Conferencing Corporation exercise its right to modify or discontinue the Product.
7. PASSWORD AND SECURITY. Free Conferencing Corporation will initially generate Your dial-in numbers, access codes and/or passwords for access to this account. You agree to carefully safeguard all of Your account numbers. You are solely responsible if You do not maintain the confidentiality of account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify Free Conferencing Corporation of any unauthorized use of Your account or any other breach of security known to You, including if You believe that its secure account information has been stolen or otherwise compromised.
8. TERMINATION. Free Conferencing Corporation may immediately terminate Your membership and right to use the Product if (a) You breach these Terms; (b) Free Conferencing Corporation is unable to verify or authenticate any information You provide to Free Conferencing Corporation; (c) such information is inaccurate; or (d) Free Conferencing Corporation decides, in its sole discretion, to discontinue offering the Product. Free Conferencing Corporation shall not be liable to You or any third party for termination of the Product. You may terminate this agreement with or without cause at any time, effective immediately upon written notice to Free Conferencing Corporation. Should You object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Product in any way, Your sole recourse is to immediately: (a) discontinue use of the Product; (b) terminate your membership; and (c) notify Free Conferencing Corporation of termination. Upon termination of membership, Your right to use the Product immediately ceases.
9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. FREE CONFERENCING CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FREE CONFERENCING CORPORATION MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES FREE CONFERENCING CORPORATION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREE CONFERENCING CORPORATION OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL FREE CONFERENCING CORPORATION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF FREE CONFERENCING CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FREE CONFERENCING CORPORATION'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. INDEMNITY. You hereby agree, at Your expense, to indemnify, defend and hold Free Conferencing Corporation harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against Free Conferencing Corporation arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.
12. GENERAL TERMS. These Terms are governed in all respects by the laws of the State of California as such laws are applied. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to these Terms shall be brought in a court in Los Angeles County, California. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Free Conferencing Corporation's failure to act with respect to a breach by You does not waive Free Conferencing Corporation's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Free Conferencing Corporation shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Free Conferencing Corporation's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
You understand and agree that You are solely responsible for periodically reviewing the Terms of Service. You must report any violations of these Terms. To do so, send an email to tos@simplevoicecenter.com for assistance.
