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US Patent 6,188,683; Canadian Patent 2,198,024 |
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Home > Terms and Conditions
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The Company Terms and Conditions of Service 1. ACCEPTANCE OF TERMS The Company has agreed to provide its services to you, subject to the following Terms and Conditions ("TAC"), which may be amended and / or updated by the Company from time to time without notice to you. All such guidelines or rules are hereby incorporated by reference into the TAC. This TAC shall be effective as of the date services are provided to you pursuant to this TAC. 2. DESCRIPTION OF SERVICE The Company currently provides users with the telecommunication services described on Exhibit "A", including, but not limited to long distance services connected through the Public Switched Telephone Network (PSTN). In addition, the Company provides enhanced web-based software, including, directories, speed dial lists, billing codes, real-time statements and other personalized content and branded programming through its proprietary software (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new features, shall be subject to the TAC. You understand and agree that the Service is provided "AS-IS" and that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer, modem or other access device. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Comapny has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service. 4. PRIVACY POLICY Registration Data and certain other information about you are subject to our privacy policy. The Company will use its best efforts and industry standard SSL encryption to maintain the security of this information, but cannot guarantee against unauthorized access to your information. 5. USER ID, PASSWORD AND SECURITY You will receive a User ID and Password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the User ID and Password, and are fully responsible for all activities that occur under your User ID and Password. You agree to (a) immediately notify the Company of any unauthorized use of your User ID and Password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 6. INDEMNITY You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, strategic partners, and employees, harmless from any loss, cost, liability or other expense (including court costs and reasonable fees of attorneys and other professionals), due to or arising out of your use of the Service, your connection to the Service, your violation of the TAC, or your violation of any rights of any other third party 7. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 8. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that the Company may establish general practices and limits concerning use of the Service, including, without limitation the maximum number of days that directories, speed dial lists, bill codes and other personalized settings, will be retained by the Service, or the maximum disk space that will be allotted on the Company's server on your behalf. You agree that the Company has no responsibility or liability for the deletion or failure to store any data or personalized settings maintained by the Service. You acknowledge that the Company reserves the right to log-off accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time in its sole and absolute discretion, with or without notice. 9. MODIFICATIONS TO SERVICE The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 10. TERMINATION You agree that the Company, in its sole discretion, may terminate your User ID and Password (or any part thereof) or use of the Service, and remove and discard any Content (such as personal directories or Speed Dial lists) within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TAC. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice and for any reason whatsoever. You agree that any termination of your access to the Service under any provision of this TAC may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company shall not be liable to you or any third-party as a result of termination of your access to the Service. Upon termination of the Services, all rights granted to you hereunder shall terminate. 11. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Comapny has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 12. THE COMPANY PROPRIETARY RIGHTS You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in the site or information presented to you through the Service is protected by copyrights, trademarks, service marks, pending-patents or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to copy, distribute or create derivative works based on the Service, in whole or in part. The Company grants you a personal, non-transferable and non-exclusive right and license to use the code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Comapny for use in accessing the Service. 13. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERTAND AND AGREE THAT: » YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING , BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. » THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIRMENTS: (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE: (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS: AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC. 14. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT the Company SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: 15. NOTICE Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TAC or other matters by displaying notices or links to notices to you generally on the Service. 16. TRADEMARK INFORMATION GreatWay2Call.com and Greatway2Call Corporation and service marks and other GreatWay2Call.com logos and product and service name are trademarks of Greatway2Call Corporation. Without Greatway2Call Corporation permission, you agree not to display or use in any manner the "Greatway2Call Corporation" marks. 17. GENERAL INFORMATION The TAC and the relationship between you and the Company shall be governed by the laws of the Victoria, Australia without regards to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within Victoria, Australia. The TAC and the relationship between you and the Company shall be governed by the laws of the Tortola, British Virgin Islands without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within Tortola, British Virgin Islands . The failure of the Company to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provision of the TAC remain in full force and effect. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms & Conditions of Service (TAC) are for convenience only and have no legal or contractual effect. Exhibit A In addition, the Company provides enhanced web-based software, including, directories, speed dial lists, billing codes, real-time statements and other personalized content and branded programming through its proprietary software (the "Service"). The Company provides users with web-based telecommunication services, including but not limited to the following: a.Long Distance - By accessing the our website, users are able to launch long distance calls using their existing phone equipment, without requiring special software or hardware. Only a PC with Internet access is required. All Users will benefit from discounted rates, regardless of origination. b. Personal Directory / Billing Codes - users may customize Web Call by storing personal names and phone numbers to be used in origination (From) and destination (To) directory's. This information is stored in the the Company's database for easy access anywhere via the web-site. Additionally, Users may store personal billing codes, which can be added to each call to identify and segregate calls when viewing the real-time statement. c. Time Zone - Display local time for major cities world-wide d. Area Codes - Look-up area codes for all countries world-wide e. Single Line Use - We require a free-inbound line to make telephone calls. If the User shares internet access with the only available phone line, this feature will disconnect the user from their internet secession to allow the in-bound phone required to complete a long distance call. f. Administrator Access - For accounts with multiple users, this function allows an Administrator the ability to add new Users, suspend users and change passwords and ID's for users. g. Statements - All users have the ability to view up-to-the-minute call detail, including numbers called, time, rate and total costs. The user may also sort calls by bill-codes if that feature was selected prior to launching a call. Any viewed statement may also be printed, or exported to either word or h. Credit Card Billing - For users who have established credit card as a payment method, all long distance charges will be billed to the users credit card of choice on a regular on-going basis. Greatway2Call Corporation, |
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| Contact Us | About Us | Privacy Policy | Terms and Conditions | Copyright 2004 Greatway2Call Corp. |
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