In order to use the Service, you must, at your sole expense: (1) supply all phone service features required for your use of the Service; and (2) keep enough account balance for the toll free service.
You agree to provide Get800Today with accurate and complete registration information, and agree to keep that information updated at all times. Failure to do so constitutes a breach of this TOU.
By registering for the Service, you will select or receive a password. It is solely your responsibility to keep your account information and password secure. You may not disclose your password to anyone except persons that you have authorized to use your account. You hereby assume all liability of any kind arising out of or related to the use of the Service by such authorized person(s). You hereby expressly release and indemnify Get800Today from, and hereby assume all liability and damages of any kind arising out of or related to, all activities conducted through your account on the Service by any persons, whether or not such persons are authorized by you to use the Service. You agree to notify Get800Today immediately of any unauthorized use of your account or any other breach of security you know of or suspect.
The fees paid by you to Get800Today are only for the Service. You are responsible for all charges associated with your telephone, all telephony equipment, long distance charges and charges for connecting to the Internet. You agree that any telephone or other communications mode charges incurred are your sole responsibility. You may be subject to other charges from your phone company in addition to the fees for the Service.
You are solely responsible for all content, data, materials, or information you transmit via the Service (collectively, "Content"). Get800Today provides unfiltered services. This means that Content is not routinely reviewed before being transmitted through the Service, and Get800Today will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, patent, trade secret, defamation, privacy, obscenity, or otherwise. Furthermore, Get800Today shall not be responsible for any unsolicited telephone calls (e.g., telemarketing calls) or calls made by any type of payphones received by you through the Service.
Get800Today does not control Content accessed, posted, recorded, or otherwise transmitted or received via the Service and does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Get800Today be liable for any Content accessed, retrieved, recorded, heard, posted, or otherwise transmitted or received via the Service, regardless of where or how it originated.
As a user of the Service, you agree to use the Service only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Service to:
- Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
- Threaten, harass, defame, embarrass, or distress any other person or group;
- Transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar or otherwise objectionable messages or material;
- Transmit unsolicited fax or voice advertisements or solicitations ("fax/voice spam") in violation of federal or state laws, including but not limited to any "do not call" list restrictions;
- Transmit any information in violation of the Patriot Act or which otherwise may be deemed in furtherance of terrorist activity or in breach of the national security of the United States or any other state or nation; or
- Transmit any materials or information in any manner that violates applicable law
If Get800Today, in its sole discretion, believes that you have violated any of the above restrictions or that you have otherwise violated any applicable law, Get800Today may forward the objectionable material, as well as your communications with Get800Today and your personally identifiable information, to the appropriate authorities for investigation and prosecution, and may immediately terminate your service without penalty or liability of any kind to Get800Today.
MODIFICATIONS TO SERVICE
Get800Today reserves the right to modify, suspend, or discontinue the Service from time to time with or without notice to you. Get800Today shall not be liable to you or any third party if Get800Today exercises its right to modify, suspend, or discontinue the Service.
You agree that Get800Today, in its sole discretion, has the right to establish limits which Get800Today deems reasonable on the number and/or size of messages which you send, receive and/or store in order to prevent any negative impact on the use of the Service by others, and you agree to comply with any such limits which Get800Today may establish at its sole discretion from time to time. Get800Today assumes no responsibility for the deletion or failure to deliver or store voice or other messages.
You also acknowledge and agree that Get800Today makes no representation, and does not purport to offer any enhancements, with respect to processing of Caller ID information from incoming callers. Get800Today will attempt to display and log caller's Caller ID information as it is provided to Get800Today by its telecommunications network provider(s), but Get800Today makes no representations of any kind that such attempts shall be successful. Get800Today EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO BLOCKING OUT CALLER ID INFORMATION IF IT IS PRESENTED TO Get800Today AS UNBLOCKED, OR UNBLOCKING SUCH INFORMATION IF IT IS PRESENTED AS BLOCKED, OR IF IT IS OTHERWISE UNAVAILABLE TO Get800Today. YOU EXPRESSLY AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS Get800Today FROM ANY LIABILITIES PERTAINING TO INAPPROPRIATE OR UNAUTHORIZED USE OF THE CALLER ID INFORMATION, AS WELL AS ANY FAILURE BY Get800Today TO BLOCK OUT CALLER ID INFORMATION, IF IT IS PRESENTED TO Get800Today AS UNBLOCKED, OR UNBLOCKING SUCH INFORMATION IF IT IS PRESENTED AS BLOCKED, OR IF IT IS OTHERWISE UNAVAILABLE TO Get800Today.
YOU FURTHER AGREE THAT THE SERVICE SOFTWARE SHALL RESIDE ON YOUR LOCAL TELEPHONY SYSTEM AND MAY OPERATE UNOBTRUSIVELY IN THE BACKGROUND, PERFORMING LIVE UPDATES, DELIVERING ADDITIONAL REQUESTED SOFTWARE, COLLECTING AND TRANSMITTING NON-PERSONALLY IDENTIFIABLE INFORMATION RELATED TO THE DISPLAY AND TRACKING OF ADVERTISING, AND ANY VOLUNTEERED DEMOGRAPHIC INFORMATION ABOUT YOU TO Get800Today OR TO Get800Today'S PARTNERS' SERVERS, WHENEVER YOUR WEB CONNECTION IS ACTIVE.
GENERAL LIMITATIONS ON SERVICE
You acknowledge that your right to use the Service is subject to the following limitations:
- Your rights to the Service granted under this Agreement are personal to you. You may not sell, assign, or otherwise transfer or agree to transfer all or any portion of those rights without the prior written consent of Get800Today, which consent may be withheld for any reason in the absolute discretion of Get800Today.
- Get800Today reserves the right to terminate accounts which remain inactive for over 45 consecutive days, carry negative balance over $5.00, or accounts which, in the sole judgment of Get800Today, are used for purposes that are illegal, or which Get800Today deems inappropriate or detrimental to Get800Today.
- You acknowledge that the Service is intended for customary personal and business use. The Service is not intended for dedicated telecommunications services and in no case is the Service intended for intensive auto-dialing, continuous, or extensive call forwarding, or dedicated telemarketing. You understand that such inappropriate use of the Service may result in immediate cancellation of your account by Get800Today without any penalty or liability of any kind to Get800Today, and that you will not be entitled to any refund in case your account is cancelled thereby.
- You understand that Get800Today is limited in the depth of Customer Service that it can provide to customers. Accordingly, telephone-based technical support may not be provided. Get800Today will provide email and other support resources on an as-available basis. If you experience a problem with the Service, you can contact support at http://www.Get800Today.com/support.php.
- You understand you own the number as long as you have credit on your number. If your toll free number remains inactive (negative account balance) for over 45 consecutive days, or carry negative balance over $5.00, your number will be recycled. and as such, you will lose your number.
- You understand that Get800Today may terminate your Service if your telephone number and/or email address ceases functioning at any time and for any reason.
- You understand that all used prepaid balance is non-refundable.
- You agree to access the Service solely with the software ("Software") provided to you specifically by Get800Today. Upon subscription to the Service, Get800Today grants you a personal, nonexclusive, nontransferable, revocable license and right to use the software only in conjunction with the Service and subject to the terms of this TOU. The license grant to you will terminate when your account terminates. You further agree that you will not reverse engineer, decompile, or otherwise copy the Software (or attempt to do any of the foregoing) and that you will not disparage Get800Today, the Service, or the Software to any third party. Any attempt to use the Service other than as provided herein shall be a breach of this Agreement and will subject you to possible legal action and/or fees.
- You acknowledge and agree that you are aware of and will fully abide by the statutory and regulatory rules prohibiting unsolicited fax advertisements set forth in the Telephone Consumer Protection Act of 1991, Federal Consumer Protection Act 47 U.S.C. Paragraph 227, FCC's rules on unsolicited fax communications, and in any applicable state statutes. Violations may subject you to statutory fines and penalties, and compensatory damages. For further information, see http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.html. You agree to use the Service's Outbound fax function ONLY to send faxes to contacts who have previously given you permission to be contacted by fax as required by applicable federal, state and local law. You understand that the Service MAY NOT be used for faxmail spamming campaigns. You expressly agree to fully defend, indemnify, and hold harmless Get800Today and its suppliers from any complaints arising out of your use of the Service in violation of any federal or state statutes or regulations. You understand that inappropriate use of the Service may result in immediate cancellation of your account by Get800Today, and that you will not be entitled to any refund in case your account is cancelled thereby.
VIOLATION OF TOU
In the event of any actual, threatened, or potential violation of the letter, spirit, or intent of any of the terms or conditions of this TOU as determined by Get800Today in its sole discretion, Get800Today reserves the right to suspend or terminate, either temporarily or permanently, any or all services provided to you by Get800Today, to block any prohibited activity, or to take any other actions deemed appropriate by Get800Today in its sole discretion and without prior notice. With respect to abuse of the limits established from time to time by Get800Today on the number and/or size of messages which you send, receive and/or store while using the Service, or the number and/or length of calls you place or receive while using the Service, Get800Today also reserves the right to charge abusers of Unlimited Plans at the Pro Plan rates then in effect. Users who violate this TOU may additionally incur criminal and/or civil liability. Get800Today may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection its investigations of any suspected civil or criminal violations.
YOU AGREE TO INDEMNIFY AND HOLD Get800Today AND EACH OF ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, TELECOMMUNICATIONS PROVIDERS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE USE, SUSPENSION, DISABLEMENT, CANCELLATION, OR TERMINATION OF YOUR ACCOUNT ON THE SERVICE, ANY CONTENT POSTED, RECORDED, TRANSMITTED, OR RELAYED TO OR THROUGH THE SERVICE, YOUR VIOLATION OF THE TOU, OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Get800Today OR ANY OF ITS RESPECTIVE SUPPLIERS, SERVICE PROVIDERS, OR OTHER THIRD PARTIES AFFILIATED THEREWITH BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, SUSPENSION, CANCELLATION, DISABLEMENT, TERMINATION, OR THE RESULTS OF USE OF THE SERVICE, ANY WEB SITES LINKED TO THE SERVICE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF Get800Today OR ANY OF ITS RESPECTIVE SUPPLIERS, SERVICE PROVIDERS, OR OTHER THIRD PARTIES AFFILIATED THEREWITH, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, (E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY)) IS LIMITED TO FIFTY DOLLARS ($50). APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED BY Get800Today ON AN "AS IS" BASIS. NEITHER Get800Today NOR ITS SUBSIDIARIES, PARTNERS, PROVIDERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND FUNCTIONALITY OF THE SERVICE OR ANY CONTENT TRANSMITTED OR MADE AVAILABLE BY OR THROUGH THE SERVICE. Get800Today DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, Get800Today DOES NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Either you or Get800Today may terminate your account at any time. This is your sole and exclusive remedy with respect to any dissatisfaction with the Service, the terms and conditions set forth in the TOU as may be updated from time to time, or any other policies and practices of Get800Today now in effect or that may be adopted or modified in the future. You may terminate your account by delivering a letter by United States mail to: Get800Today.com 46750 Fremont Blvd. Suite 108, Fremont, CA 94538; or by online cancel request in your personal account. Your account termination will take effect within a reasonable amount of time after Get800Today's receipt of your termination notice. Get800Today reserves the right to restrict access to the Service to any user (including you) if it reasonably believes the user has breached this TOU in any way, and may at any time in its sole discretion, with or without notice and with or without cause, immediately deny access to the Service and may remove all account information, voicemail boxes and their contents, and any other content. PLEASE NOTE THAT THE ONE-TIME RESERVE FEE AND MONTHLY, BIANNUAL, AND ANNUAL SUBSCRIPTION PAYMENTS FOR THE SERVICE, AND USED PREPAID BALANCE ARE NON-REFUNDABLE AND WILL NOT BE PRORATED REGARDLESS OF USAGE.
The TOU shall be governed by and construed in accordance with the laws of the state of California as it is applied to contracts entered into exclusively by residents of the state of California . You also consent to the exclusive jurisdiction of the state and federal courts in Alameda County , California , and you further consent to the exercise of personal jurisdiction of the courts therein. If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Get800Today's failure in any instance to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Get800Today in writing. You and Get800Today agree that any cause of action arising out of or related to this TOU or the Service must commence within one (1) year after the events giving rise to the cause of action first arose; otherwise, such cause of action is permanently barred. The section titles in this TOU are solely used for the convenience of the parties and have no legal or contractual significance. These terms and conditions constitute the entire agreement between you and Get800Today with respect to the subject matter herein and supersede in their entirety any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party.
Effective Date: May 2010