Pure Voice Communications, Inc. - Terms of Service Agreement
Last Updated: 09/29/2011
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of hosting provided by Pure Voice Communications, Inc. As used in this Agreement, "Pure Voice" means Pure Voice Communications (http://www.pure-voice.net), and "Client", "you", or "your" means you. By accepting the TOS agreement on the order form, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Pure Voice website (http://www.pure-voice.net) As referred to in this Agreement, "website" refers to a World Wide Web site and "Pure Voice website" refers to the site located at the URL http://www.pure-voice.net, or any other sites owned or maintained by Pure Voice Communications, Inc.
1. APPROPRIATE USE OF OUR SERVICES. Pure Voice provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Pure Voice server in connection with Client's use of the Services which:
- violate any state, federal or foreign laws or regulations
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Pure Voice or any third party
- are defamatory, slanderous or trade libelous
- are threatening or harassing
- are discriminatory based on gender, race, age or promotes hate
- violate any Pure Voice policy posted on the Pure Voice website (http://www.pure-voice.net)
- contain viruses or other computer programming defects which result in damage to Pure Voice or any third party.
(Violators will be having their accounts suspended & possibly removed.)
Client may occupy as much bandwidth as needed from Pure Voice. Pure Voice will utilize no more than the network bandwidth that is allotted by Pure Voice. Any Additional fees, specified in any of our plans, will be charged for exceeding the selected feature, if any, of your selected plan.
Licensed Software Only:
Client agrees to use Ventrilo (http://www.Ventrilo.com/), TeamSpeak (http://www.TeamSpeak.com/), and Mumble (http://mumble.sourceforge.net/) software in connection with Ventrilo's, TeamSpeak's, and Mumble's use of the software law & copyright law.
Pure Voice reserves the right to refuse service to anyone. Pure Voice, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact info@Pure-Voice.net.
2. PAYMENT OBLIGATIONS
Every 30 days from the date of registration, Pure Voice shall either (i) request money from Client's paypal (Paypal.com) account (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month or (iii) charge Client's credit card (where such information is provided by Client). Where an invoice is delivered to Client, Client shall remit payment to Pure Voice by no later than 2 days after the specified payment due date. Pure Voice shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Pure Voice. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Pure Voice and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services by pre-paying Pure Voice for such Services, refunds will be issued for any unused full month, month portions, or less one month of the Services upon Clients request. Therefore, if Client's account is cancelled at any point during the pre-paid term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Pure Voice be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Pure Voice from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 3. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided by Pure Voice. The essence of this page states that Client must contact Pure Voice to then cancel Services. Termination of Client's agreement will be effective from the month following the notice. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement. If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Ten (10) business days of cancellation. Client shall pay its fee of which it selected service package states prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Twenty-Four(24) business hours. Pure Voice will try and maintain an archival copy of Client's server settings for Ten (10) days after Pure Voice receives notice of cancellation. This is not a guarantee that the archive copy of Client's server settings will be kept for these Ten (10) days, however. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.
Client will pay and indemnify and hold Pure Voice harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE Pure Voice SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Pure Voice WEBSITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Pure Voice DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Pure Voice SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL Pure Voice BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Pure Voice SITE OR ANY Pure Voice PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Pure Voice CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN THREE HUNDRED DOLLARS ($300 US).
8. SERVICE ELIGIBILITY
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Pure Voice. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to its conflict of law rules. This Agreement and Pure Voice's policies are subject to change by Pure Voice without notice. Continued usage of the Services after a change to this Agreement by Pure Voice or after a new policy is implemented and posted on the Pure Voice website constitutes your acceptance of such change or policy. We encourage you to regularly check the Pure Voice Site for any changes or additions to your service.