Terms and Conditions
This agreement (“Agreement”) is between ispMint and an end user (“End User”) of the Ispmint Communications Service (“Ispmint”). Any Ispmint services or products (“Services”) provided by Ispmint to End User shall be governed by the terms and conditions herein. By purchasing the Services, END USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They affect the legal rights between End User and Ispmint by, among other things, requiring (1) MANDATORY ARBITRATION OF DISPUTES; (2) charging an EARLY DISCONNECTION FEE; and (3) LIMITING Ispmint’s LIABILITY UNDER THE AGREEMENT. End User acknowledges that they are of legal age to enter into this Agreement.
1. TERMS AND CONDITIONS. The terms and conditions stated herein govern the relationship between Ispmint and End User, and are in lieu of and replace any and all terms and conditions set forth in any documents issued by End User, including, without limitation, purchase orders and specifications. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY END USER AT ANY TIME ARE HEREBY OBJECTED TO BY Ispmint, AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON Ispmint. No waiver or amendment to this contract or these terms and conditions shall be binding on Ispmint unless made in writing expressly stating that it is such a waiver or amendment and signed by an Officer of Ispmint.
2. TERM. The term of this Agreement (“Term”) begins on the date that End User purchases Services and continues for the duration of the service period as defined by the service plan that is selected by End User (“Plan”). At the end of the current Term, the Term is converted to a month-to-month agreement unless End User provides Ispmint, prior to the end of the current Term, notification of intention to cancel the service. End User agrees to pay for Services for the duration of the Term. Expiration of the Term does not alleviate End User of responsibility for paying all unpaid, accrued charges due hereunder. If End User transfers or ports their phone number to a service provider other than Ispmint, End User must contact Ispmint to cancel the Services provided to End User by Ispmint. If End User chooses to cancel the service before the end of the current Term, Disconnection fees may apply as set forth below. If an End User who enters into a one (1) Year Term Plan, a two (2) Year Term Plan or an Annual Plan will be converted, upon expiration of the plan’s Term, to a month-to-month plan at the then-current rates offered for the Services, unless End User provides to Ispmint, prior to the end of the current Term, notification of intention to cancel the service.
3. ENHANCED 911 (E911) & SERVICE LIMITATIONS. The Federal Communications Commission (FCC) requires that Ispmint provide E911 Service to all End Users who use Ispmint services within the United States. E911 is designed to provide location assistance to emergency providers. Sections 3.1-3.7 apply to all End Users who use Ispmint services within the United States. Section 3.8 applies to all End Users.
3.1 E911 ACKNOWLEDGEMENT AND WARNING LABELS. END USER ACKNOWLEDGES THAT Ispmint’S EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK. THE DIFFERENCES ARE DETAILED IN THIS SECTION 3 AND END USER AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICES, WHO MAY PLACE CALLS USING END USER’S SERVICES, OF THE 911 LIMITATIONS DESCRIBED HEREIN. Ispmint WILL PROVIDE END USER WITH WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING. END USER AGREES TO PLACE A LABEL ON AND/OR NEAR EACH TELEPHONE OR OTHER CUSTOMER PREMISE EQUIPMENT ON WHICH THE SERVICES MAY BE UTILIZED. IF ADDITIONAL LABELS ARE REQUIRED, END USER MAY REQUEST THEM FROM Ispmint. Ispmint WILL PROVIDE END USER WITH ADVISORY NOTICES REGARDING 911 EMERGENCY DIALING AND REQUEST ACKNOWLEDGMENTS FROM END USER. END USER AGREES TO RESPOND AND AFFIRMATIVELY ACKNOWLEDGE THAT Ispmint HAS ADVISED END USER OF THE CIRCUMSTANCES UNDER WHICH Ispmint E911 SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED IN COMPARISON TO TRADITIONAL 911 EMERGENCY DIALING. Ispmint ADVISES END USER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.
3.2. ELECTRICAL POWER. END USER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER.
3.3. INTERNET ACCESS. END USER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OF END USER’S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE.
3.4. NON-VOICE SYSTEMS. END USER ACKNOWLEDGES THAT THE SERVICES ARE NOT SET UP TO FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, TTY EQUIPMENT, AND ENTERTAINMENT OR SATELLITE TELEVISION SYSTEMS. END USER HAS NO CLAIM AGAINST Ispmint FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE SERVICES.
3.5. Ispmint E911 SERVICE IS A MANDATORY COMPONENT OF ALL INBOUND/OUTBOUND TRADITIONAL FAX AND VOICE SERVICE PLANS. E911 SERVICE IS NOT OFFERED ON VIRTUAL NUMBERS, TOLL-FREE NUMBERS OR SIMILAR SERVICE ACCESSORIES OR ADD-ON PLANS. E911 SERVICE IS ONLY AVAILABLE IN SELECTED AREAS. END USERS WHO SUBSCRIBE TO Ispmint E911 SERVICE WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF THEIR EQUIPMENT (PHONE, SOFTPHONE, DTA OR VIDEOPHONE) WITH Ispmint, AND AGREE TO UPDATE THE LOCATION WHENEVER THE PHYSICAL LOCATION OF SERVICE CHANGES. END USERS WHO SUBSCRIBE TO Ispmint MOBILE APPLICATIONS ACKNOWLEDGE THE PHYSICAL LOCATION REGISTERED FOR THEIR EQUIPMENT (PHONE, SOFTPHONE, DTA OR VIDEOPHONE) WILL BE THE PHYSICAL LOCATION REGISTERED FOR THE MOBILE APPLICATION ASSOCIATED TO THE EQUIPMENT. END USER ACKNOWLEDGES THAT Ispmint’S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE PHYSICAL LOCATION CURRENTLY REGISTERED FOR THE ACCOUNT. END USER ACKNOWLEDGES AND UNDERSTANDS THAT ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR BY Ispmint WILL BE BASED UPON THE PHYSICAL LOCATION PROVIDED TO Ispmint BY END USER. IN THE EVENT THAT THE PHYSICAL LOCATION HAS NOT BEEN UPDATED OR IS NOT COMPLETE, Ispmint MAY ATTEMPT TO ROUTE A 911 CALL BASED UPON THE BILL-TO OR SHIP-TO ADDRESSES ASSOCIATED WITH THE END USER’S ACCOUNT OR INITIAL ORDER.
3.6. END USERS WHO ARE REQUIRED TO SUBSCRIBE TO Ispmint E911 SERVICE WILL BE SUBJECT TO A MONTHLY E911 SERVICE CHARGE. THE MONTHLY E911 SERVICE FEE SHALL BE IN ADDITION TO THE APPLICABLE RESIDENTIAL OR BUSINESS PLAN CHARGES FOR THE ASSOCIATED LINE. THE MONTHLY CHARGE FOR Ispmint E911 SERVICE IS ASSESSED ON A “PER-LINE” (THAT IS, PER PHONE NUMBER BASIS), AND WILL BE SET AT A LEVEL THAT REIMBURSES Ispmint FOR THE DIRECT COSTS IT INCURS IN PROVIDING Ispmint E911 SERVICE, INCLUDING EXPENSES Ispmint INCURS, EITHER DIRECTLY OR INDIRECTLY, IN THE FORM OF STATE, COUNTY OR MUNICIPAL E911 SURCHARGES, E911 AUTOMATIC LOCATION INFORMATION (ALI) DATABASE STORAGE, LINE INFORMATION DATABASE AND CALLER ID (LIDB/CNAM) EXPENSES, AND ANY OTHER TAXES OR SURCHARGES DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE PROVISION OF SERVICES TO END USERS SUBSCRIBING TO THIS SERVICE. Ispmint RESERVES THE RIGHT TO ADJUST THE LEVEL OF CHARGES ASSOCIATED WITH THE PROVISION OF E911 SERVICES TO REFLECT INCREASES OR DECREASES IN THE COSTS IT INCURS. (SEE SECTION 14 REGARDING CHANGES TO THE AGREEMENT, SERVICES OR PLAN).
3.7. END USER ALSO ACKNOWLEDGES THAT Ispmint E911 SERVICE HAS CERTAIN CHARACTERISTICS THAT DISTINGUISH IT FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE. THESE CHARACTERISTICS MAY MAKE Ispmint E911 SERVICES UNSUITABLE FOR SOME END USERS. BECAUSE END USER CIRCUMSTANCES VARY WIDELY, END USERS SHOULD CAREFULLY EVALUATE THEIR OWN CIRCUMSTANCES WHEN DECIDING WHETHER TO RELY SOLELY UPON Ispmint E911 SERVICE. END USER ACKNOWLEDGES THAT IT IS END USER’S RESPONSIBILITY TO DETERMINE THE TECHNOLOGY OR COMBINATION OF TECHNOLOGIES BEST SUITED TO MEET END USER’S EMERGENCY CALLING NEEDS, AND TO MAKE THE NECESSARY PROVISIONS FOR ACCESS TO EMERGENCY CALLING SERVICES (SUCH AS MAINTAINING A CONVENTIONAL LANDLINE PHONE OR WIRELESS PHONE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS). THE FOLLOWING CHARACTERISTICS DISTINGUISH Ispmint E911 SERVICE FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE:
** Ispmint E911 SERVICE WILL NOT FUNCTION IF END USER’S DTA, PHONE OR VIDEOPHONE FAILS OR IS NOT CONFIGURED CORRECTLY OR IF END USER’S Ispmint SERVICE IS NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, ELECTRICAL POWER OUTAGE, BROADBAND SERVICE OUTAGE, OR SUSPENSION OR DISCONNECTION OF SERVICE BECAUSE OF BILLING OR OTHER ISSUES. IF THERE IS A POWER OUTAGE, END USER MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE BEING ABLE TO USE THE Ispmint SERVICE, INCLUDING FOR E911 PURPOSES.
** AFTER INITIAL ACTIVATION OF THE E911 SERVICE, AND FOLLOWING ANY CHANGE OF AND UPDATE TO END USER’S PHYSICAL LOCATION, THERE MAY BE SOME DELAY BEFORE THE AUTOMATIC NUMBER AND LOCATION INFORMATION IS PASSED TO THE LOCAL EMERGENCY SERVICE OPERATOR. THIS INFORMATION IS TYPICALLY POPULATED INTO OUR NOMADIC E911 DATABASES PRIOR TO SERVICE ACTIVATION, BUT NO GUARANTEE CAN BE MADE THAT THE AUTOMATIC NUMBER AND LOCATION INFORMATION WILL BE ACTIVATED WITHIN THIS SCHEDULE.
** THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING Ispmint E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE Ispmint E911 CALL. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE Ispmint NETWORK, THERE IS A POSSIBILITY THAT A Ispmint 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN 911 CALLS PLACED VIA TRADITIONAL, LEGACY, CIRCUIT-SWITCHED TELEPHONE NETWORKS.
** IF END USER DOES NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE THE Ispmint EQUIPMENT WILL BE LOCATED AT THE TIME OF ACTIVATION OF THE SERVICE, Ispmint E911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT LOCAL EMERGENCY OPERATOR.
3.8. END USER ACKNOWLEDGES AND UNDERSTANDS THAT Ispmint WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING Ispmint OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS AGREEMENT. END USER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Ispmint, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO END USER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, END USER OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.
4. EQUIPMENT. To provide the Services, Ispmint may provide Equipment to End User. All Equipment shipments are F.O.B. Ispmint’s facility. Ispmint’s liability for delivery shall cease, and title (if applicable) and all risk of loss or damage shall pass to End User upon delivery to carrier. End User will be provided a twelve (12) month manufacturer’s warranty from the date of purchase of Equipment or Service. End User shall be required to obtain authorization from Ispmint to return any Equipment. Ispmint will provide replacement Equipment only if the Equipment is deemed to be defective and covered under the warranty. Ispmint will not cover replacement for lost, stolen or modified equipment. Equipment returned by End User that is not covered under warranty may be refused by Ispmint, and End User will be responsible to pay return shipping charges. End User owned equipment and infrastructure such as but not limited to Routers, Switches, Modems, Servers and Cabling is their sole responsibility to service and maintain to enable Internet access. End User agrees to pay all costs related to there equipment and infrastructure that may require upgrading or changes to support the Ispmint service.
5. BILLING, CHARGES AND PAYMENT.
5.1. PAYMENT. Upon purchase of the Service, End User must provide Ispmint with a valid credit card number from an issuer that is accepted by Ispmint. End User authorizes Ispmint to charge the credit card number provided by End User (“Credit Card”) for all charges arising from End User’s use of the Services. End User agrees to notify Ispmint of any change to the credit card information including, but not limited to, changes in account number, expiration date or billing address. Ispmint shall not be responsible for any charges made by the Credit Card issuer to End User’s Credit Card account for exceeding credit limit, insufficient funds or other reasons. End User’s credit card will not be billed until product has shipped. Estimated ship dates are approximate and are not guaranteed. End User may cancel any order due to shipping delays without charge.
5.2. CREDIT TERMS. All Services provided to End User and covered by the Agreement shall at all times be subject to credit approval or review by Ispmint. End User will provide such credit information or assurance as is requested by Ispmint at any time. Ispmint, in its sole discretion and judgment, may discontinue credit at any time without notice or require a deposit. If End user prefers to pay by check, all monthly payments will be on a net-thirty (30) basis.
5.3. BILLING. Ispmint will provide End User with a monthly billing statement for the Services and bill all charges invoiced to End User’s account to the Credit Card or pay by check. Such charges shall include activation fees, monthly service fees, shipping charges, disconnection fees, equipment charges, toll charges, taxes and any other applicable charges. Monthly service fees are paid in advance of each month’s service; toll charges and any other applicable charges are billed subsequent to the end of each month’s service. Ispmint reserves the right to charge the Credit Card or request payment for charges, due if at any time End User’s cumulative charges for the current month exceed fifty dollars ($50.00). Billing for monthly service fees commences upon purchase of the Services, and the first month’s monthly service fee shall be prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated.
5.4. LATE/NON-PAYMENT. If any charges for the Services are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, Ispmint may suspend or terminate the Services and all accrued charges shall be immediately due, plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by Ispmint. If charges cannot be processed to the Credit Card or check, End User will be charged a fee of ten dollars ($10.00). The fee will also be charged to activate a suspended account. No suspension or termination of the Services or of this Agreement shall relieve End User from paying any amounts due hereunder.
5.5. TAXES. Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility, universal service or other similar taxes. All such taxes shall be paid by End User and will be added to any amounts otherwise charged to End User unless End User provides Ispmint with an appropriate exemption certificate. If any amounts paid for the Services are refunded by Ispmint, applicable taxes may not be refundable.
5.6. REGULATORY RECOVERY FEE. If applicable, a Regulatory Recovery Fee will be charged monthly to offset costs incurred by Ispmint in complying with inquiries and obligations imposed by federal, state and municipal regulatory bodies/governments and the related legal and billing expenses. This fee may not be a direct tax or charge required or assessed by any government, but covers Ispmint’s costs related thereto. The Regulatory Recovery Fee will apply to every phone number assigned, including toll free and virtual numbers.
5.7. TRIAL PERIOD. Ispmint may offer a thirty (30) day trial period (“Trial Period”) to new End Users for their first Ispmint account. The Trial Period commences upon the purchase of Services by End User. If End User is not satisfied with the Services during the Trial Period, End User may obtain a refund of the equipment and activation fee but not the monthly service fee. Applicable taxes will be refunded to the extent allowed by law. Shipping charges will not be refunded. To obtain a refund, End User must: a) Notify Ispmint within thirty (30) days of purchase of the Services and obtain a return material authorization number from Ispmint for the Equipment and b) Return the Equipment to Ispmint within seven (7) days of cancellation of the Services in its original, unaltered condition with all packaging intact. Disconnection fees shall not apply if End User cancels service during the Trial Period.
5.8. DISCONNECTION, OVERAGE AND CONVERSION FEES. Subsequent to the expiration of the Trial Period, if an End User terminates fax or voice Services within twelve (12) months of the initial purchase of the Services, Ispmint shall charge a service Disconnection Fee of ninety nine dollars and ninety nine cents ($99.99). In addition, if an End User terminates a one (1) Year Term Plan, a two (2) Years Term Plan or an Annual Plan prior to the end of the committed term, Ispmint will charge the End User the remaining services fees under the term plan agreement. Ispmint reserves the right to charge overage fees when the End User exceeds the usage limits on applicable services. All fees, including service fees, payable under the applicable term plan shall be non-refundable and non-creditable. Note: If the plan is a month-to-month agreement it is not subject to the Disconnection Fee.
5.9. RATE CHANGES. Ispmint may change the prices for the Services and toll charges from time to time. Ispmint may change prices, plans, taxes or fees without any advance notice. For End Users on one, two or three year plans, rates will not be increased during the plan term, with the exception of tax or fee changes and international toll calling rates. In the event of a change in prices or toll charges, Ispmint will post such changed rates to the web site currently located at http://www.ispmint.com, International toll calling rates are updated monthly on the first of each month and no other notice shall be provided for changes to international toll calling rates.
5.10. CREDITS. End User acknowledges and agrees that the Services are provided “as is, where is.” Credit allowances for interruption of the Services shall not be provided. However, if equipment at Ispmint’s main switching site is the cause of service outage, Ispmint may at its sole discretion provide up to but no more than 1 month free service per six month period. End User agrees that Ispmint is not liable for any loss of business or damages of any kind as the result of service disruption.
5.11. DISCOUNTS. From time to time in its sole discretion, Ispmint may offer promotions or discounts of activation or other fees. Any promotion or discount codes must be entered by End User upon purchase of the Services. End User shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service.
5.12. BILLING DISPUTES. End User must dispute any charges for the Services in writing within thirty (30) days of the date of the charge by Ispmint or End User waives any objection and further recourse. Written statements disputing charges must be sent to: Billing Department Ispmint LLC 299 South Arlington AVE STE1, Reno, NV 89501
6. TOLL CHARGES. Every call to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network (“PSTN”), including other VoIP networks, is subject to the then applicable toll charges that are associated with the Plan. Calls to a phone number outside the United States and Canada to a non-Ispmint telephone number will be charged at the current rates published on the Ispmint web site. The duration of each call is to be calculated in one minute increments and rounded up to the nearest one minute increment for any fraction of minutes used. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent. When End User dials an International PSTN phone number, charges may apply regardless of whether the party on the other line answers the call. Calls made by an End User to an International mobile, rather than landline, or premium rate telephone number, may result in higher toll charges. Note: Cellular charges to international cell phones can be as much as $0.35/min.
7. TELEPHONE NUMBER. Any telephone number provided by Ispmint (“Number”) to the End User shall be leased and not sold. End User is not to use the Number with any other device other than the Equipment without the express written permission of Ispmint. Ispmint reserves the right to change, cancel or move the Number at its sole discretion.
8. LOST, STOLEN, ALTERED OR BROKEN EQUIPMENT. End User shall not modify the Equipment in any way without the express written permission of Ispmint. End User shall not use the Equipment except with the Services provided hereunder. Except as otherwise provided for hereunder, End User is responsible for all lost, stolen or broken Equipment and may be required to purchase a replacement to continue service. Replacement charges will be based on the fair retail price of equipment, plus applicable shipping costs and taxes. End User shall immediately notify Ispmint of any lost or stolen Equipment and shall cooperate with Ispmint in all reasonable aspects to eliminate actual or potential unauthorized use of the Equipment. At Ispmint’s sole option, failure to report lost or stolen equipment in a timely manner will cause End User to be responsible for all service fees accrued until the time that Ispmint is informed of the loss or theft and can effect a termination of the Services.
9. PROHIBITED USES. Any use of the Services or any other action that causes a disruption in the network integrity of Ispmint or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services at the sole discretion of Ispmint. End User understands that neither Ispmint nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End User agrees that it will NOT use the Services in ways that violate laws (including but not limited to laws prohibiting transmission of unsolicited fax advertisements or laws on obtaining 3rd party consent for call recording), infringe the rights of others, or interfere with the users, services, or equipment of the network. End User agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of Ispmint. Ispmint’s Service Plans for business End Users that offer unlimited minutes of PSTN calls (“Unlimited PSTN Plans”) or unlimited faxing are for reasonable business use of 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 (including without limitation charitable or political solicitation or polling), call center operations, junk faxing, fax spamming, calling/faxing any person (through the use of distribution lists or otherwise) who has not given specific permission to be included in such a process or any other activity that would be inconsistent with reasonable business usage. End User shall not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. End Users further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Any use found to be inconsistent with this restriction will result in termination of the Service. Ispmint reserves the right to immediately terminate or modify the Services of any End User using Unlimited PSTN or fax Plans if Ispmint determines, in its sole discretion, that End User is not using the Unlimited PSTN or fax Plans for End User’s reasonable business use.
10. USE, STORAGE AND OTHER LIMITATIONS. Ispmint reserves the right to establish or modify general practices and limits concerning use of the Services and software, including without limitation, the maximum number of days that content will be retained by the Service, the maximum disk space and/or bandwidth capacity that will be allotted on servers owned and/or operated by Ispmint on End User’s behalf, if any. Where practical, Ispmint will provide the End User with prior notice of such new or modified practices; provided however, that Ispmint shall have the absolute right to implement such new or modified practices without prior notice in its sole discretion and without liability or any kind.
11. ELECTRONIC RECORDING. End User acknowledges and understands that there are federal and state statutes governing the electronic recording of telephone conversations and that Ispmint will not be liable for any illegal use of the service. Because End User circumstances vary widely, End Users should carefully review their own circumstances when deciding whether to use the recording features of the service and it is the End User’s responsibility to determine if the electronic recordings are legal under the federal and state statutes. Ispmint is not responsible for any misinterpretation, lack of understanding or lack of knowledge regarding the use of electronic recordings or the use of its products by the End User whether legal or illegal.
12. RESPONSIBILITY FOR REGISTRATION INFORMATION AND CONTENT OF END USER COMMUNICATIONS. End Users are solely responsible for maintaining the confidentiality of End User password and account, and agree not to transfer email address or password, or lend or otherwise transfer use of or access to the Ispmint Service, to any third party. End Users are also solely responsible for any and all activities that occur under End User account. End User agree to immediately notify Ispmint of any unauthorized use of End User account or any other breach of security related to End User account or the Ispmint Service, and to ensure that End User “log off”/exit from End User account (if applicable) at the end of each session. Ispmint is not liable for any loss or damage arising from End User failure to comply with any of the foregoing obligations. In consideration for using the Ispmint Service, End User agrees to: (1) provide certain current, complete, and accurate information about End User when prompted to do so by the Ispmint Service, and (2) maintain and update this information as required to keep it current, complete and accurate. End User agrees that any such information shall be accurate. End User agrees that End User are solely responsible for the content of all visual, written or audible communications (“Content”) sent by End User or displayed or uploaded by End User in using the Services. End User agrees that End User will not use the Services to send unsolicited commercial e-mail outside End User company or organization in violation of applicable law. End User further agrees not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, and indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Recognizing the global nature of the Internet, End User also agree to comply with applicable local rules or codes of conduct (including codes imposed by End User employer) regarding online behavior and acceptable content and the transmission of technical data exported from the United States or the country in which End User reside. Ispmint reserves the right to investigate and take appropriate action against anyone who, in Ispmint’s sole discretion, is suspected of violating this provision, including without limitation, reporting End User to law enforcement authorities. Use of the Services is void where prohibited. Although Ispmint is not responsible for any such communications, Ispmint may delete any such communications of which Ispmint becomes aware, at any time without notice to End User. End User retains copyright and any other rights already held in Content which End User submits, posts or displays on or through, the Services. End User understands and agrees that by displaying, exchanging or uploading Content to a Ispmint website, transmitting Content using the Services or otherwise providing Content to Ispmint, End User automatically grant (and warrant and represent End User have a right to grant) to Ispmint a world-wide, royalty-free, sublicensable (so Ispmint affiliates, contractors, resellers and partners can deliver the Services) perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in the course of offering the Site and/or the Services.
13. RESPONSIBILITY FOR CONTENT OF OTHERS. Be advised that other users of the Services (“Users”) may violate one or more of the above prohibitions, but Ispmint assumes no responsibility or liability for such violation. If End User becomes aware of misuse of the Services by any person, please contact Ispmint Customer Support. Ispmint may investigate any complaints and violations that come to its’ attention and may take any action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles and/or logins. However, because situations and interpretations vary, Ispmint also reserves the right not to take any action. Under no circumstances will Ispmint be liable in any way for any data or other content available on a Site, viewed or actions taken while using the Services, including, but not limited to, any errors or omissions in any such data, content or activity or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data, content or activities incurred from the actions taken on the Site. If at any time End User are not happy with a Site or the Services or object to any material on a Site, End User sole remedy is to cease using the Site or the Services. Ispmint does not endorse and has no control over what Users post , submit to or do on a Site. End User acknowledges that Ispmint cannot guarantee the accuracy of any information submitted by any User of a Site, nor any identity information about any User. Ispmint reserves the right, in its sole discretion, to reject, posting or other data, or to restrict, suspend, or terminate any User’s access to all or any part of a Site or Services at any time, for any or no reason, with or without prior notice, and without liability. Ispmint reserves the right to investigate and take appropriate action against anyone who, in Ispmint’s sole discretion, is suspected of violating this provision, including without limitation, reporting End User or any User to law enforcement authorities.
14. CHANGES TO THE AGREEMENT, SERVICES OR PLAN. Ispmint reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan (“Change of Service”). In the event of a Change of Service, Ispmint will post to the Web Site currently located at https://www.ispmint.com/. End User may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. The Plan change will take effect in the first month after the Plan is changed. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply.
15. NOTICE. Notice will be considered received by End Users and such changes will become binding to End Users, on the date the changes are posted, and no additional notice will be required. If End User does not send Ispmint notification of their desire to terminate this agreement or uses the Service after the Change Date, End User is deemed to have accepted and consented to the change of terms and conditions of the Service. If End User does not consent to the change of service and terminates this agreement, End User will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. End User may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply.
16. TERMINATION. End User agrees to provide Ispmint with thirty (30) days notice of termination. End User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to Ispmint. In accordance with section 5, Disconnection Fees may apply. Ispmint reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End User’s breach of this Agreement, End User’s failure to pay any sum due hereunder, suspected fraud or other activity by End User that adversely affects the Services, Ispmint, Ispmint’s network or other End User’s use of the Services. Ispmint reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End User agrees that Ispmint’s determination is final and binding on End User. Ispmint may require an activation fee to change or resume a terminated or suspended account.
17. PRIVACY. Ispmint utilizes the public Internet and third party networks to provide fax, voice and video communication services. Accordingly, Ispmint cannot guarantee the security of fax, voice and video communications of End User. Ispmint is committed to respecting an End User’s privacy. Once End User chooses to provide personally identifiable information, it will only be used in the context of the End User’s relationship with Ispmint. Ispmint will not sell, rent, or lease End Users’ personally identifiable information to others. Unless required by law or subpoena or if End User’s prior permission is obtained, Ispmint will only share the personal data End User provides with other Ispmint entities and/or business partners that are acting on Ispmint’s behalf to complete the activities described herein. Such Ispmint entities and/or national or international business partners are governed by Ispmint’s privacy policies with respect to the use of this data. Ispmint is required to file numerous reports with different administrative bodies. As such, Ispmint may provide aggregate statistics about customers, sales and traffic patterns. None of these reports or statistics will include personally identifiable information. However, Ispmint reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either Ispmint or any company affiliated with Ispmint. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, Ispmint may disclose personally identifiable information.
18. RETURNS AND ADJUSTMENTS. No Equipment may be returned by End User for any reason without prior approval of Ispmint. All returns shall be in original packaging or equivalent. End User shall be responsible for all costs related to shipping to Ispmint any Equipment that is being returned. Any Equipment returned to Ispmint without prior authorization for its return or proper packaging may be refused. In order to obtain an appropriate refund, upon cancellation End User must immediately obtain a return material authorization number from Ispmint, return to Ispmint any Equipment provided hereunder, undamaged and in good working condition, in its original packaging and with its original content or otherwise will be immediately responsible for paying to Ispmint an amount equal to the fair retail price of the equipment minus any payments End User had previously paid specifically for said Equipment.
19. TECHNICAL SUPPORT. Ispmint provides technical support to End Users via telephone and e-mail for the Services and the Equipment provided hereunder. Support for other applications and uses is not provided or implied.
20. BREACH. In the event of End User’s breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, End User shall reimburse Ispmint for all attorney, court, collection and other costs incurred by Ispmint in the enforcement of Ispmint’s rights hereunder and Ispmint may keep any deposits or other payments made by End User.
21. INDEMNIFICATION. End User agrees to defend, indemnify and hold Ispmint, its affiliates and its vendors harmless from any claims or damages alleged by End User or any third party claiming through or on behalf of End User, and relating to this Agreement. No third party benefits are intended nor provided under this agreement, and no third party beneficiary claims will be recognized.
22. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL Ispmint OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY 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 SERVICES OR PRODUCTS PROVIDED HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF Ispmint OR ITS VENDORS OR OTHERWISE.
23. WARRANTY AND LIABILITY LIMITATIONS. Ispmint MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Ispmint NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO Ispmint’S OR END USER’S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF END USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Ispmint’S OR ITS VENDORS’ NEGLIGENCE. ANY CLAIM AGAINST Ispmint MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND Ispmint HAS NO LIABILITY THEREAFTER. Ispmint’S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. Ispmint MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN Ispmint. IN NO EVENT SHALL Ispmint’S TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY END USER TO Ispmint IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.
24. EXPORT COMPLIANCE. End User agrees to comply with U. S. export laws concerning the transmission of technical data and other regulated materials via the Services. End User agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.
25. PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE. Upon expiration, cancellation or termination of the Services, End User shall relinquish and discontinue use of any Numbers, voice mail access numbers and/or web portals assigned to End User by Ispmint or its vendors.
26. SOFTWARE COPYRIGHT. Any software used by Ispmint to provide the Services and any software provided to End User in conjunction with providing the Services are protected by copyright law and international treaty provisions. End User may not copy the software or any portion of it.
27. SURVIVAL. The provisions of section 3, 5, 19, 20, 21, 22, 23, 25, 27, 28 and 30 shall survive any termination of the Agreement.
28. NOTICES. Ispmint communicates with End Users primarily via email. Notices to End User shall be sent to the email address specified by End User at the time of registration for the Services or as subsequently specified by End User (“Email Address”). End User is responsible for notifying Ispmint of any Email Address changes. End User agrees that sending a message to the Email Address is the agreed upon means of providing notification. Email is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that End User read any email sent to the Email Address in a timely manner in order to avoid any potential interruption in the Services provided hereunder.
29. FORCE MAJEURE (EVENTS BEYOND OUR CONTROL). Ispmint shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of Ispmint as may occur in spite of Ispmint’s best efforts.
30. GOVERNING LAW / RESOLUTION OF DISPUTES.
30.1. Mandatory Arbitration. PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, END USER AND Ispmint WILL ARBITRATE ANY DISPUTES OR CLAIMS IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO END USER, INCLUDING ANY BILLING DISPUTES (“CLAIM”). CLAIMS SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). This agreement to arbitrate also requires End User to arbitrate claims against other parties relating to Services or Products provided or billed to End User if Claims are asserted against Ispmint in the same proceeding. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S PUBLISHED COMMERCIAL ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT www.adr.org. The AAA has a fee schedule for arbitrations. End User will pay the published share of the arbitrator’s fees and administrative expenses (“Fees and Expenses”) except that: (a) for Claims less than $20, Ispmint will pay all Fees and Expenses; and (b) for Claims between $25 and $1,000, End User will pay only $20 in Fees and Expenses, or any lesser amount as provided under AAA’s Supplemental Procedures for Consumer-Related Disputes. End User and Ispmint agree to bear their own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. The AAA Supplemental Procedures for Consumer-Related Disputes provide that unless a hearing is requested, disputes will be resolved based on written submissions and no personal appearance is required. If End User requests an arbitration hearing, that hearing will take place either telephonically or in Reno, Nevada. As a limited exception to the agreement to arbitrate, End User and Ispmint agree that: (a) End User may file Claims in small claims court in Washoe County (Reno), Nevada, if the Claims qualify for hearing by such court; (b) if End User fails to timely pay amounts due, Ispmint may assign the account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement; and (c) any Claim filed as a class action is not subject to arbitration but instead must be filed in the Nevada District Court, County of Washoe (Reno) or in the United States District Court for the Northern District of Nevada.
30.2. Pre-filing Notice of Claim. BEFORE INSTITUTING ARBITRATION OR SUIT, END USER AGREES TO PROVIDE Ispmint WITH AN OPPORTUNITY TO RESOLVE THE CLAIM BY SENDING A WRITTEN DESCRIPTION OF THE CLAIM TO Ispmint AS PROVIDED HEREIN. IF Ispmint IS NOT ABLE TO RESOLVE THE CLAIM WITHIN 30 DAYS OF RECEIPT OF NOTICE, THEN END USER OR Ispmint MAY INITIATE ARBITRATION OR SUIT AS DESCRIBED IN SECTION 30.1. All claim notices must be sent by email as set forth in Section 28 with a written copy sent to: Director of Customer Service Ispmint LLC 299 South Arlington AVE STE 1, Reno NV 89501. Failure to comply with the Notice provisions shall constitute a waiver by End User of any such claim, and a bar to further prosecution of any such End User claim.
30.3. Governing Law. The Agreement and the relationship between End User and Ispmint shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 30.1, End User and Ispmint agree to submit to the personal and exclusive jurisdiction of the courts within the state of Nevada, in Washoe County, and waive any objection as to venue or inconvenient forum. The failure of Ispmint to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 invalidated, and the other provisions of the Agreement remain in full force and effect. End User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
31. Marks and Intellectual Property Rights. End User acknowledges that Ispmint has invested in trademarks, trade names, patent and intellectual property rights with respect to the provision of service by Ispmint. End User is not being given, and shall not have the right to use, Ispmint’s or its affiliates’ trademarks, service marks, trade names or intellectual property without the prior written consent of Ispmint.
32. Relationship of the Parties. The relationship between End User and Ispmint is solely customer and vendor, and shall not be considered one of partners, agents, joint ventures, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency relationship between them for any purposes.
33. ENTIRE AGREEMENT. The terms and conditions of this Agreement, along with the rates posted to the web site currently located at https://www.ispmint.com/, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Services. This agreement shall be binding upon the heirs, successors, and assigns of Ispmint and End User.