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VoiPINOY  provides its service to You, subject to the following Terms of Service (“TOS”). We may amend this Agreement at any time by posting the amended terms on Our Site. The amendment shall automatically become effective three (3) days after they are initially posted on Our Site. This Agreement may not be otherwise be amended except in a writing signed by both You and Us. You can review the TOS at any time at the following address: https://www.voipinoy.org/terms. In addition, when using particular VoiPINOY services, You shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this TOS.

Service Description

VoiPINOY currently provides users with access to a broad selection of on-line resources, including wholesale & retail voip, IP PBX VPS hosting, and other personalized content, through its network (the “System”). Unless explicitly stated otherwise, any new features that enhance the current System, including the release of new VoiPINOY features, shall be subject to the TOS. You understand and agree that the System is provided “AS-IS,” and that VoiPINOY assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Registration Obligations

In consideration of Your use of the System, You agree: (a) that You are at least 18 years of age; (b) to provide true, accurate, current and complete information about Yourself and maintain and promptly update this information to keep it true, accurate, current and complete. Non-compliance with any of these obligations during the maintenance of Your account may result in the suspension or termination of Your account, and may result in the refusal of any and all current or future use of the System, or any portion thereof at the sole discretion of Us.

Subscription Plans

Subscription Plans are strictly limited to the use of the registered subscriber only. This includes: Unlimited Calling Plans and DID Numbers. Misuse and abuse of the service will result to temporary suspension of account. thereafter, will be reviewed for reactivation at the sole discretion of VoiPINOY. Misuse and abuse includes resell of the service for any commercial purposes, sharing of service plan subscription and use of service on any fraudulent activities.

a) Unlimited subscription plans are strictly for retail use only, no more than 3 unlimited subscription plans are allowed per customer. Using subscriptions for commercial purposes or commercial gain, for example telemarketing or call center operations are strictly prohibited

b) Sharing of Unlimited subscriptions between users whether via a PBX, call center, computer or any other means are strictly prohibited. These are being monitored by our Fraud Team based on subscribers IP address, source numbers and caller ids.

c) Call abuse is using the service above average use. These includes the following:

– Making more than 20 calls per day.

– More than 6 hours of total call duration per day or more than 10,000 minutes per month.

– Calling to multiple numbers in a short period of time.

d) You agree to pay for a reconnection fee of $20 if failed to renew on or before the subscription plan due date.

Fair Usage Policy

The fair usage policy states that Unlimited Service Plans are applicable for person to person transactions only. They are not intended and should not be used for commercial purposes. Unlimited Service Plans offers must not be abused by the subscribers (i.e. subscribers must not make an unreasonable number of calls or make unreasonably prolonged calls)

Limitation of Liability

VoiPINOY shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the Services. VoiPINOY shall not be liable in any circumstance for any indirect, punitive, special, incidental, or consequential damage, including, but not limited to, loss of business, revenue, profits, use, data, other economic advantage from the use of, or reliance on, the Services or the Materials, the Site or from the use of the Internet generally. The limitation of liability for damages shall apply to any action of contract, negligence or tort arising out of or in connection with the use of the Services or Materials available on the Site, even if VoiPINOY has been advised of the possibility of such damage.

VoiPINOY™ shall have no liability for any decision made or action taken or not taken in reliance upon the Materials furnished hereunder.You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the Site and you will not make a claim against VoiPINOY for lost data, inaccurate output, work delays, or lost profits resulting from the use of the Services. You agree to hold VoiPINOY harmless from, and you agree not to sue VoiPINOY for, any claims based on or related to the use of the Site.

Service Interruptions

1) Power Interruption
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 you to reset or reconfigure equipment prior to utilizing the VoiPINOY Service.

2) Broadband Service Interruption
You acknowledge and understand that the Service does not function in the event of interruption of your broadband or high speed Internet access service.

3) Service Interruption Due to Suspension of Your Account
You acknowledge and understand that Service interruption due to suspension of your account as a result of billing issues will prevent ALL Service. A $20 reconnection fee may apply to reestablish service on all accounts that have been disconnected for nonpayment

4) Other Service Interruptions
You acknowledge and understand that if there is a Service interruption for ANY reason, such interruption will prevent ALL Service, including emergency calling service dialing. Such interruptions may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.

Disclaimer of Warranty

The software, products, services, information and/or data (collectively, the “Services”) made available to you by on the Site are provided “As Is”, without warranties. VoiPINOY disclaims any representations and warranties including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid. VoiPINOY shall have no liability in connection with the services including, without limitation, damage to your computer hardware, data, information, materials, business, loss of profits, use or other intangible from the Services or the lack of Services available on the VoiPINOY Web Site, even if VoiPINOY has been advised of the possibility of such damages. VoiPINOY makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Services or that the Services may be relied upon for any reason. VoiPINOY makes no warranty, representation or guaranty that the Services will be uninterrupted or error free or that any defects can be corrected.

Refund Policy

Refunds on rendered payments for any services provided by VoiPINOY are at the sole discretion of the billing staff at VoiPINOY. General guidelines for refunding payments
include:
+ Setup fees on any service are non-refundable
+ Subscription & Hosting fees for any services are non-refundable
All Refunds are sent via PayPal only with processing time of 3-5 business days.

Service Interruptions and Rebates

The Customer shall immediately notify VoiPINOY of all faults associated with the availment/operation of the Service for proper logging, issuance of trouble ticket number, and repair/restoration procedure. In the event of a fault, VoiPINOY shall use all reasonable measures to remedy the fault as soon as practicable

Member Account Information

You may receive several passwords and account designations to gain access to services on the System. You are responsible for maintaining the confidentiality of the passwords and accounts, and are fully responsible for all activities that occur under Your passwords or accounts. You agree to (a) immediately notify VoiPINOY of any unauthorized use of Your passwords or accounts or any other breach of security, and (b) ensure that You exit from Your accounts at the end of each session. We will not be liable for any loss or damage arising from Your failure to comply with this Section.

Member Conduct

You understand that all information, data, text, software, music, sound,photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the entity from which such Content originated. This means that You, and not VoiPINOY, are solely responsible for all Content that You upload, post, email or otherwise transmit via the System. We do not control the Content posted via the System and as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the System, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will We be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the System.

* You agree to not use the System to:

a. Upload, post, email or otherwise transmit any Content that is directed to inciting or producing imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable and is likely to produce such conduct;

b. Harm minors in any way;

c. Impersonate any person or entity, including, but not limited to, a VoiPINOY official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the System;

e. Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes;”

h. Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. Disrupt the normal flow of services, or otherwise act in a manner that negatively
affects other user’s ability to engage in real time exchanges;

j. Interfere with or disrupt the System or servers or networks connected to the System, or disobey any requirements, procedures, policies or regulations of networks connected to the System;

k. Intentionally or unintentionally violate any applicable local, state, national or international law;

l. “stalk” or otherwise harass another;

m. Collect or store personal data about other users;

n. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.

Special Considerations for International Use

You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which You reside.

Content Submitted to VoiPINOY

You agree that VoiPINOY and its designees have the right to refuse or move any Content that is available through the System. Additionally, VoiPINOY and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that You must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not rely on any Content created by VoiPINOY or submitted to VoiPINOY. You acknowledge and agree that We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of VoiPINOY, its users and the public. You understand that the technical processing and transmission of the System, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Public Content Posted to VoiPINOY

(a) For purposes of the TOS, “publicly accessible areas of the System” are those accessible by the general public.

(b) With respect to Content You elect to post for inclusion in publicly accessible areas of VoiPINOY or that consists of photos or other graphics You elect to post to any other publicly accessible area of the System, You grant VoiPINOY the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the System solely for the purpose of displaying, distributing and promoting the specific VoiPINOY site to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the System. This license exists only for as long as You elect to continue to include such Content on the System and shall be terminated at the time You delete such Content from the System.

Indemnity

You agree to indemnify and hold VoiPINOY, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Content You submit, post to or transmit through the System, Your use of the System, Your connection to the System, Your violation of the TOS, or Your violation of any rights of another.

Prohibition Against Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the System, use of the System, or access to the System. exceptions of the aforementioned include services specifically marketed by VoiPINOY for resale, which are limited to the resale of the use of and access to the System by third-parties, but do not include reproduction, duplication, copying, or exploiting the System by those third-parties. Compliance to this clause additionally includes that all third-parties engaged in resale activities involving the use of and access to the System must agree to this TOS in its entirety, as well as specifically, not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the System, use of the System, or access to the System.

Modifications to the System

VoiPINOY reserves the right at any time to modify or discontinue, temporarily or permanently, the System, or any part thereof with or without prior notice. You agree that VoiPINOY shall not be liable to You or to any third party for any modification, suspension or discontinuance of the System.

Termination

You agree that VoiPINOY may terminate Your passwords, accounts, VoiPINOY Site, use of the System, or use of any other VoiPINOY services, and remove and discard any Content within the System, for any reason, including, without limitation, for lack of use or if VoiPINOY believes that You have violated or acted inconsistently with the provisions of the TOS.

VoiPINOY may also, at any time, discontinue providing the System, or any part thereof, with or without prior notice. You agree that any termination of Your access to the System under any provision of this TOS may be effected without prior notice, and Acknowledge and agree that VoiPINOY may immediately deactivate or delete Your account and VoiPINOY Site and all related information and files in Your account and VoiPINOY Site and/or bar any further access to such files or the System. Further, You agree that VoiPINOY shall not be liable to You or any third-party for any termination of Your access to the System.

You agree that VoiPINOY may terminate Your passwords, accounts, VoiPINOY Site, use of the System, or use of any other VoiPINOY services, and remove and discard any Content within the System if engaging in activities, whether lawful or unlawful, that VoiPINOY determines to be harmful to its client base, operations, reputation, goodwill, or customer and public relations. Such activities will result in appropriate litigation between VoiPINOY and the involved parties as warranted.

Links

The System may provide, or third parties may provide, links to other World Wide Web sites or resources. Because VoiPINOY has no control over such sites and resources, You acknowledge and agree that VoiPINOY 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 that VoiPINOY 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.

Notices

Notices to You may be made via either email or regular mail. The System may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to You generally on the System.

Violations

Any violations of the TOS should be reported to Us at fraud@voipinoy.org