This agreement ("Agreement") is between Zoom Technologies, Inc ("Zoom") and an end user ("User") of the Global Village ("GV") Voice over IP phone service. The terms and conditions herein shall govern any Global Village services ("Services") provided by Zoom to User. By registering for GV, User acknowledges receiving, reading and understanding this agreement, and accepts the terms and conditions herein. User acknowledges that they are of legal age to enter into this Agreement.
Global Village is a Voice over Internet service where the voice communication is converted to data packets and carried, in part or in whole, over the Internet. This service is offered in conjunction with the ZoomTel line of Voice over IP Voice Gateways ("Gateway"). This service has multiple components and features including free Internet to Internet calling, fee based calling to the regular Public Switched Telephone Network ("PSTN"), and features including but not limited to voicemail, caller ID, call forwarding, call history and conference rooms. Zoom reserves the right to add or remove features at any time, in its sole discretion.
2. EMERGENGY DIALING INCLUDING 911
Please read this information carefully. By accepting this agreement and using GV services, you acknowledge and agree to this description of the limitations of GV emergency dialing.
You will not be able to place traditional 911 or e911 calls from the telephone connected to the GV service through the Gateway.
GV service is not offered as a primary line or lifeline service. Zoom strongly recommends that you always have an alternative means of accessing traditional 911 services.
3. SERVICE LIMITATIONS
3.1 Power Outage
You acknowledge and understand that GV service does not work in the event of a power failure. If power is interrupted to the Gateway, Voice over IP calls will not function until power is restored. A power interruption may require the User to reset or reconfigure the Gateway.
3.2 Broadband Service Outage
You acknowledge and understand that GV service does not work in the event of an interruption to your broadband Internet access.
GV service utilizes, in whole or in part, the public Internet and third party voice service providers. You acknowledge and understand that GV cannot guarantee that voice over IP communication is completely secure. GV respects your privacy and treats the content of all communications as private, except as may be required by law.
3.4 Home Security and Similar Non-voice services
You acknowledge and understand that all non-voice communications equipment, including but not limited to, home security systems, monitoring devices, fax machines and modems may not work with the GV Internet service. By accepting this agreement, you waive any claim against Zoom for interference with or disruption of any such systems through the attempted use of GV service.
4. USE OF SERVICE
4.1 Lawful Use
You acknowledge that you will use GV only for lawful purposes. If Zoom has reason to believe that you or someone else is abusing the service or using it fraudulently or unlawfully, we can immediately suspend, restrict or cancel your service without advance notice. You will remain responsible for all outstanding charges, all of which will immediately become due and payable.
4.2 Personal Use
You acknowledge and understand that GV service is provided for personal residential use. In addition, you are expressly forbidden from using GV for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. If Zoom determines, in its sole discretion, that your service is being used for any of the prohibited activities, Zoom reserves the right to immediately terminate the service without advance notice and to assess additional charges for each month in which excessive use occurred. Any usage in excess of 3000 minutes per month shall be presumed to be not consistent with these restrictions.
4.3 Prohibition on Resale
You are not to resell or transfer the GV service to any other person, for any purpose, without written permission from Zoom in advance.
4.4 Liability for Local Law Compliance
You acknowledge and understand that you are solely responsible for compliance with any applicable local laws in the country, state or locality where you use GV service.
5. REGISTRATION, BILLING AND PAYMENT
5.1 Free Service Registration
Before using any GV service, including free Internet to Internet calling, you must register by providing your name, country and an email address. By registering you acknowledge and accept these terms of service.
5.2 Paid Service Registration
Before using any GV paid service you must register by providing you name, full address information and a valid credit card.
5.3 Payment and Billing Method
Zoom will provide a monthly on-line bill detailing all applicable charges. The credit card on file will be charged for the full amount due. Fixed charges, like a monthly fee for an unlimited plan or DID number, are billed in advance. Variable charges like International calls are billed in arrears. Zoom reserves the right to charge the credit card on file immediately whenever the accrued variable charges exceeds thirty dollars.
All GV services will be billed in US Dollars.
5.5 Price Changes
We may change the prices and charges for any Service and/or per minute calling rates from time to time. Such changes are effective no sooner than 15 days after they are posted to the globalvillage.com web site.
Zoom will bill you for and you must pay any applicable taxes associated with your use of GV service unless you can provide documentation satisfactory to us that you are exempt. Taxes will be in the amount that Country, State and Local authorities requires us to bill you.
5.7 Best Effort Service
You understand and acknowledge that the Services are provided on a best effort basis. Credit allowances for interruption of the Service will not be provided.
6. WARRANTIES AND INDEMNIFICATION
6.1 Limitation of Liability
Zoom shall not be liable for any delay or failure to provide the Service at any time or from time to time, or for any interruption or degradation of voice quality that is caused by any of the following:
1.) Act or omission of an underlying carrier, service provider, vendor or other third party;
2.) Equipment, network or facility failure;
3.) Equipment, network or facility upgrade or modification;
4.) Force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5.) Equipment, network or facility shortage;
6.) Equipment or facility relocation;
7.) Service, equipment, network or facility failure caused by the loss of power to Customer; or
8.) Any other cause that is beyond Zoom's control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed , including 911 dialing, or degradation of voice quality.
6.2 No Consequential Damages
In no event shall Zoom, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to User in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary 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 the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not Zoom was informed of the likelihood of any particular type of damages.
Customer agrees to defend, indemnify, and hold harmless Zoom, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, including 911dialing, or the Device. This paragraph shall survive termination of this Agreement.
6.4 No Warranties on Service
Zoom makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. Zoom does not warrant that the Service will be without Service failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither Zoom nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to Zooms or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer'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 Zoom's or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Device, if any, by Zoom or Zoom's agents or installers are informational and are not given as a warranty of any kind.
7. GOVERNING LAW / RESOLUTION OF DISPUTES
7.1 Mandatory Arbitration
Any dispute or claim between User and Zoom arising out of or relating to the Service provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
7.2 Governing Law
The Agreement and the relationship between you and Zoom shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and Zoom agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts. The failure of Zoom 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 the 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, and the other provisions of the Agreement remain in full force and effect. You agree 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.
7.3 Entire Agreement
This Agreement and the rates for Services found on Zoom's website constitute the entire agreement between you and Zoom and govern your use of the Service, superseding any prior agreements between you and Zoom and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Zoom unless and until posted on the GV website at www.globalvillage.com.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.