TERMS & CONDITIONS
I. General Information
A. Binding Terms and Conditions
VBuzzer offers the Services (as defined below) for your personal use only. The terms and conditions set out in this document make up the legally binding agreement between you and VBuzzer governing your use of the Services. You may only use the Services if you accept and abide by all of the terms and conditions of this Agreement (as defined below). Please read them carefully.
In this document:
(a) “Your Account” means the user account that you create with VBuzzer which permits you to use the Services;
(c) The “VBuzzer™” trademark and “V” icon are owned by VoIP Much Phone Company Inc;
(d) “Services” means, collectively, VBuzzer’s instant message application, internet telephony application, internet fax application, SMS application, telephone conferencing application, web conferencing application, virtual private networks, video mail applications and any of the data, software, tools, applications, and services VBuzzer may make available on this web site from time to time, and “Service” means each of them individually.
C. Changes to the Agreement
VBuzzer reserves the right to amend this Agreement at any time. The amended Agreement will be effective within thirty (30) days of publishing the amended Agreement on this website http://www.vbuzzer.com/terms-of-service, unless you expressly accept the amended Agreement earlier by clicking on the “I accept” button. You are responsible for regularly reviewing the Agreement. Your continued use of the Services indicates your knowledge and acceptance of the amended Agreement. If you do not accept the amended Agreement, you must terminate Your Account in writing or by email by contacting our customer support team at , and termination will be effective as of the date on which the amended Agreement becomes effective.
D. Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario, and waive any jurisdictional, venue or inconvenient forum objections to such courts. You also agree that any dispute that cannot be resolved between you and VBuzzer shall be resolved without resort to any form of class action.
II. WHO MAY USE THE SERVICES
A. Creating Your Account
You must create Your Account to use the Services. To do so, you must meet all of the following conditions:
(1) You must be at least 18 years of age;
(2) You must use the Services only in jurisdictions where it is lawful to use them in accordance with this Agreement; and
(3) You must accept and abide by the terms and conditions of this Agreement.
If you have successfully created Your Account, the Services will be made available to you together with your phone number and/or fax number as soon as reasonably possible after you have paid the applicable fees plus taxes.
VBuzzer allows only one account per person which is not to be shared with any user (whether via a PBX, call centre, server or any other means. As the holder of Your Account, you are solely responsible for all obligations and are entitled to all benefits thereof, and may not allow any other person to access Your Account using Your Account information. Your Account is not transferable to any other person. By using the Services, you agree to indemnify, defend, and hold VBuzzer harmless from or for any claims, liability, damages, and/or costs (including reasonable lawyers’ fees) arising from any use of Your Account by any person.
B. Closing Your Account / Suspending Services / Early Cancellation
(1) When you can close Your Account: You may close Your Account at any time by: (a) submitting a request to VBuzzer to close Your Account, (b) removing any software comprising part of the Services in its entirety from your computer and destroying all back-up copies of such software, and (c) providing written confirmation to VBuzzer that you have removed and destroyed the software as required by this paragraph.
(2) When VBuzzer May Close Your Account: VBuzzer may close Your Account without notice to you or recourse to the courts if:
(a) you use only a free Service and do not use your user ID for a period of sixty (60) days (or such other period determined by VBuzzer from time to time), in which case you will have to open a new Your Account to use the Services again; or
(b) you fail to comply with this Agreement or create problems, possible legal liabilities, infringe someone else’s intellectual property rights, or engage in fraudulent, immoral or illegal activities.
In the event that you receive notice from VBuzzer that Your Account is closed, within the next five (5) days, you shall immediately (i) stop using the Services, (ii) removing any software comprising part of the Services in its entirety from your computer and destroying all back-up copies of such software, and (iii) provide written confirmation to VBuzzer that you have removed and destroyed the software as required by this paragraph.
To the extent permitted by applicable law, VBuzzer may also limit or suspend your use of the Services, prohibit access to VBuzzer’s website, remove any hosted content, and take technical and legal steps to keep you off the VBuzzer website if we think that you are in breach of this Agreement, in violation of any third party right, may create liability for VBuzzer, compromise or disrupt the Services for you or other Customers, or is otherwise inappropriate.
VBuzzer, in its sole discretion, reserves the right to cancel a customers account and/or services, for any reason, by providing a 30 days notice to the then current customer email address. In the event a customers services are cancelled by VBuzzer, the customer has 30 days from time of notification, to port out their number(s). Any numbers not ported out within the 30 day period of notice will be deactivated and no longer portable. At the descretion of VBuzzer and dependant on the reason for cancellation, services may or may not be provided to the customer during the 30 day notification period. The customer remains responsible for any and all charges made on their account during the 30 day notification period.
(3) Re-assignment of Your Contact Numbers and ID: If Your Account is closed for any reason, you understand and agree that the contact numbers and ID(s) assigned to you and Your Account may be re-assigned immediately to another VBuzzer customer. You agree that VBuzzer will not be responsible at law for any damages arising out of any such re-assignment, and you hereby waive any claims with respect to any such re-assignment, whether based in contract, tort, or other grounds, even if VBuzzer has been advised of the possibility of damages.
(4a) Term Contracts: All VBuzzer Contracts renew automatically upon their expiration for successive one year terms unless specifically advised otherwise by the Subscriber thirty (30) days before automatic renewal on the activation anniversary date. The Subscriber is responsible for early cancellation fees (ECF) of their contract period. ECF shall be calculated by multiplying the number of months remaining on the contract by the monthly fees associated with the Services in the contract. The contract start date for VoIP services shall be the date the VoIP equipment is registered on the VBuzzer network and billing has commenced; for long distance users the date is from the date of subscription to VBuzzer. In order to prevent the Contract from renewing automatically, the Subscriber must call VBuzzer and request cancellation at least thirty (30) days prior to the expiration date. Third party termination requests will not be accepted.
(4b) No-Contract: Subscribers enrolled in a month-to-month package shall only be liable for the charges used up to one month after their cancellation date. In addition the Subscriber will be responsible for all charges for the Standard Service incurred up to the effective cancellation date. The Subscriber must formally and personally request cancellation at least thirty (30) days prior to the expiration date. Third party termination requests are not approved.
(4c) The Subscriber acknowledges that VBuzzer Services are provided on a best-efforts basis and lack of service or poor quality is not grounds for contract termination. Subscriber must allow VBuzzer reasonable time to diagnose and correct any problems that have been reported and documented by the customer to VBuzzer. If the problem cannot be corrected within thirty-days (30) of the initial report by the Subscriber, the Subscriber may elect to terminate his contract without penalty or liability providing VBuzzer with written notice of his intent to cancel. Where VBuzzer has determined that the problem is not the fault of VBuzzer but rather with the Subscriber, his equipment, Internet, phone lines, connectivity and the like, then ECF shall apply.
Contract Term and MSF Rate Guarantee - VBuzzer services are sold on the following basis and will be subject to the Early Cancellation Fee (ECF) detailed in section 4.
(5a) Home Phone Term Contracts: ECF will apply on all contracts (1-year, 2 year, and 3-year etc). The contract term length can be identified by the subscriber on the invoice for services with a 1YR, 2YR, or 3YR designation. The Term of the contract shall also serve as a rate guarantee to the Subscriber whereby the Monthly Service Fee (MSF) cannot be increased by VBuzzer for the entire term. Customer may change plans throughout the term but may be required to pay a fee to compensate for promotions received by the Customer who would have otherwise not received them.
(5b) Home Phone No Contract: The Subscriber may cancel service without ECF. VBuzzer may increase rates at any time by providing the Subscriber with 15 days notification.
(5c) Home Phone Pre-paid: This service is sold as a bundle that includes service for a specific period of time (Eg. $150 paid in advance, for 12 months of local phone service). Unless specifically advised by the Subscriber prior to the anniversary date, on each activation anniversary, Home Phone Pre-Paid is automatically renewed and the Subscriber will be charged once again. There are no refunds for any unused months for pre-paid service.
(5d) Long Distance Service Contracts: Term contracts are subject to ECF.
C. Keeping Your Account Information Up-to-date
You must promptly update Your Account information whenever your personal or billing information changes (including, for example, your name, address, e-mail address, telephone number, credit/debit card number and expiration date, other payment methods). This is very important for many reasons, including those regarding your possible use of the Services to make emergency 911 calls. You must also promptly notify VBuzzer if your card or other payment method is cancelled (e.g., for loss or theft). You acknowledge that providing invalid or false information can be ground for suspending or terminating any Service, in this circumstances you are still liable for all accrued charges. You agree to assume all liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information.
D. Technical Compatibility
(1) Your Responsibility: It is your sole responsibility to ensure that you have all software and equipment required to use the Services and to confirm the technical compatibility between your computer system and the Services. For a detailed listing of optimum computer specifications, please see http://www.vbuzzer.com/download/windows.
(2) Internet Connection: To use the Services, you must have a working Internet connection. To illustrate, the Services include VOIP services which allow you to make or receive telephone calls over the internet to or from other VBuzzer account holders and the public switched telephone network (PSTN). When enabled with a VBuzzer-provided PSTN phone number you can call and receive calls from any PSTN phone. You are responsible for obtaining your own Internet connection and paying all related charges.
(3) Using Your Computer: The Services may use the processor and bandwidth of the computer (or other applicable device) you are using for the purpose of facilitating the communication between yourself and other users of the Services. VBuzzer will use its commercially reasonable efforts to protect the privacy and integrity of such computer resources (or other applicable device) and of your communication, but VBuzzer cannot give any warranties in this respect.
(4) Third Party Technology Used: Any and all other third party software or technology that you may need to use the Services will be subject to a separate agreement between you and that third party. If you have any questions or complaints regarding that third party software or technology, you must contact that third party. VBuzzer provides no promises, representations, warranties, guarantees whatsoever relating to the third party software or technology.
III. RESTRICTIONS ON USE
A. IMPORTANT NOTICE REGARDING EMERGENCY CALLS – 911 Dialing
(1) Limited Reliability: The Services allow you to make or receive telephone calls over the Internet to or from public switched telephone network, but the Services are not a replacement for your primary telephone service. Because the Services are provided over the Internet, there are important limitations on your ability to make emergency 911 calls using the Services.
(a) Connection time: For technical reasons (such as network congestion), it is possible that a 911 emergency call will produce a busy signal or will take longer to connect when compared with traditional 911 calls.
(b) 911 calls may not function: For technical reasons, the functionality of 911 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:
- Service outages or failure of your service access device - If your system access equipment fails or is not configured correctly, or if the Services are not functioning correctly for any reason, including power outage, VoIP service outage, suspension or disconnection of the Services due to the billing issues, network or internet congestion, or network or internet outage in the event of a power, network or internet outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 911 emergency calls; and changing locations
- if you move your system access equipment to a location other than that described in Your Account information or otherwise on record with VBuzzer.
(c) Your location information may not be immediately known: For technical reasons, the dispatcher receiving the emergency call may not be able to capture or retain your name, phone number or physical location.
(2) VBuzzer’s Recommendation: For these reasons and others, the Services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of emergency service, and VBuzzer strongly recommends that you consider alternate means for making emergency 911 calls. You acknowledge and agree that: (i) VBuzzer is not a replacement for your primary telephone service; (ii) VBuzzer is not required to offer access to emergency services under any applicable local and/or national rules, regulations or law; and (ii) you will purchase, separately from the Services, traditional wireless (mobile) or fixed line telephone services that offer more reliable access to emergency services.
(3) Available in Canada Only: Presently, VBuzzer tries to provide limited emergency calling as a standalone feature in Canada only. VBuzzer provides this through VBuzzer Messenger version 2.5.194 for Windows (or subsequent versions) or version 1.0 for Mac OS X (or later) only, but VBuzzer can make no commitments or guarantees about the Services whatsoever in this respect because of the limitations set out in paragraph (1) above. Outside of Canada, you should not attempt to, and agree not to, make any emergency calls at all using VBuzzer Messenger.
(4) Making Emergency 911 Calls using the Services (Canada Only): If you do choose to make an emergency 911 call in Canada, please also note that:
(a) When you make a 911 emergency call using the VoIP Service, it will attempt to automatically route your 911 call through a third-party service provider to the Public Safety Answering Point ("PSAP") corresponding to your address of record on Your Account. However, due to the limitations of the VoIP Services, your 911 call may be routed to a different location than that which would be used for traditional 911 dialing. For example, your call may be forwarded to a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 911 call which has automatically generated your address information, so you may be required to provide your name, address, and telephone number to the call centre.
(b) The VoIP Service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address, and telephone number associated with Your Account, but there is no guarantee that this information will be transmitted to the dispatcher or emergency service operator.
(c) When making a 911 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.
(d) Your contact information on Your Account (including name, residential address and telephone number) must be accurate and up-to-date. If you do not correctly identify the actual location where you are located, or if your information has recently changed or has otherwise not been updated, 911 calls may be misdirected to an incorrect emergency response site.
(e) You must not disconnect the 911 emergency call until told to do so by the dispatcher because the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.
(f) You must notify any user or potential users of your VoIP services of the nature and limitations of 911 emergency calls on the VoIP services as described in this Agreement.
(5) Waiver: As a condition of your use of the Services, to the extent permitted by applicable law, you hereby waive all claims or causes of action against VBuzzer arising from or relating to the use of the Services for making 911 emergency calls.
B. Personal Use Only
(1) Personal Individual Use: The Services are for individual use only. Any commercial use of the Services is forbidden and will result in immediate termination of Your Account at VBuzzer’s sole discretion. Any usage patterns which are inconsistent with personal use (as determined solely by VBuzzer) will be deemed commercial use. You agree to keep confidential the user ID, password(s) and all other personal access information associated with Your Account.
(2) No Charges to Third Parties and No Spam: You agree that you shall not charge any third party for use of the Services, and you shall not request or otherwise cause any third party service provider to charge a third party for use of the Services. For greater certainty, this means that you cannot use the Services to receive collect calls. Also, you agree not to use the Services to send or receive spam (meaning unsolicited advertisements of the commercial availability or quality of any property, good or service from persons with whom you do not have an established relationship).
C. No Directory Listing or 0+ or Operator Assisted Calling
(1) No Directory Listing: The phone numbers VBuzzer assigns to you through Your Account will not be listed in any telephone directories, unless you ported them into Your Account from your local phone company in which case they may be listed.
(2) No 0+ or Operator Assisted Calling: The Services do not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. They may not support 311, and other x11 services in one or more service areas. The Services do support specified dialing such as 911 but are subject to important limitations which are set out in paragraph A. above.
D. Your Responsibilities and Content
(1) Comply with Applicable Laws, Regulations, Policies and Procedures: Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities or false advertising). You agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (2) not to use the Services for any illegal purpose; (3) not to interfere with or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services and the Internet, generally; (5) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You 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, provincial, territorial, state, national or international law or regulation.
(2) No Junk, Interference: You agree not use the Services for or reference the Services in any chain letters, unsolicited telemarketing calls, junk fax or junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list. You further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services.
(3) Content: You are fully responsible for the contents of your transmissions through the Services. VBuzzer simply acts as a passive conduit for you to send and receive information of your own choosing. You acknowledge and agree that VBuzzer is not responsible to you or any third party for any user or third party content that is created or transmitted using the Services. You hereby grant to VBuzzer a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable licence to distribute and/or display through the Services any content that you provide or make available using the Services for the sole purposes of making the Services available to you.
(4) Indemnity: You agree to indemnify and hold VBuzzer, its affiliates, and their respective directors, officers, employees and consultants harmless from any and all direct, indirect or consequential claims, losses, damages, judgments, expenses and costs (including any reasonable lawyers’ fees and expenses) arising out of your use of the Services, your violation of the terms of this Agreement, and the delivery of any of your messages and documents using the Services, the infringement of any trademark or copyright by you, or your violation of any other rights of any third party.
E. Unsolicited Calls, Fax , SMS/Spam Policy
(1) Prohibition: The production and transmission of unsolicited calls, fax, sms is illegal under the laws of a number of countries, states and provinces. Distribution of unsolicited calls, fax, sms through the Services is prohibited. Notwithstanding the above, you agree that VBuzzer's distribution of its service notices to its customers (including yourself) is not considered unsolicited calls, fax,sms. At VBuzzer's option and without further notice, VBuzzer may use technologies and procedures, such as filters, that may terminate the transmission of such unsolicited calls, fax, sms without delivering them.
(2) Receiving Unsolicited phone/Fax/sms Advertisements: If you believe that you are in receipt of an unsolicited phone call or fax, or sms, you should take the following two steps: (a) If your call display contains a telephone number, fax number, or other contact information to "unsubscribe", please do so; and (b) Go to the following web page and submit a “spam report” to VBuzzer for investigation: http://www.vbuzzer.com/contact
F. No Warranties or Condition
THE SERVICES ARE PROVIDED "AS IS" WITHOUT GUARANTEE, WARRANTY OR CONDITION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH WARRANTIES AND CONDITIONS ARE EXPRESSLY DISCLAIMED. VBUZZER DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE. VBUZZER DOES NOT REPRESENT THAT THE SERVICES OR ANY DATA ACCESSED USING THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE CANADA OR THE CONTINENTAL UNITED STATES.
III. FEES AND PAYMENT
(1) Fees: Fees apply to your use of certain Services. Fees may include activation, recurring subscription, and usage fees. Activation and recurring subscription fees are payable in advance and are COMPLETELY NON-REFUNDABLE. Usage charges are charged as and when such charges are incurred or by accumulating such charges (in the sole discretion of VBuzzer) in accordance with the usage rates applicable to each Service you use. For current rates, see [http://www.vbuzzer.com/rates]. All fees are subject to applicable taxes. Rates and the applicable taxes may vary based on the country in which the communications that you receive or originate. It is your responsibility to review and confirm the applicable rates for country you communicate from and the country you communicate to.
(a) Phone calls: The duration of a call for both shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the call. During the call, charges incurred will be deducted automatically from Your Account.
(b) Fax calls are billed on per page basis, provided it takes less than one minute to transmit one page; otherwise the page shall be billed on the actual minutes it takes to transmit. Fax cover page, if applicable, is billed too. FOR EACH TRANSMISSION, THE NUMBER OF PAGES IS CALCULATED BASED ON THE GREATER OF THE ACTUAL NUMBER OF PAGES OR THE NUMBER OF FULL AND PARTIAL 60-SECOND INCREMENTS OF TRANSMISSION TIME.
(c) Short Message Service is billed on per message basis.
(d) Virtual Private Networking Service shall be based on the basis of monthly subscription.
(e) Web conferencing Service shall be billed on the basis of monthly subscription.
(f) Collect calls are not supported.
(g) A charge of $1.00 applies for each call you make to directory assistance unless such calls are expressly included in the fee for a service plan that you have selected.
(h) A one-time activation fee of $29.99 applies per account as well as any other activation fee that may apply to the particular features or Service that you select. However, the activation fee may be waived at the sole discretion of VBuzzer.
(i) A disconnection fee of $39.99 applies per account if a Service is disconnected, subject to state and local laws. However, the disconnection fee may be waived at the sole discretion of VBuzzer.
(j) An inactivity fee of $2.50/month will be charged to Your Account starting 120 days after your last chargeable use the Services.
(k) Your payment plan may include a monthly allowance of free faxes, phone calls, sms, or contacts. In the event that you have exceeded your rate plan's allotted allowance, you will be automatically charged usage fees for each fax, call, email or contact in excess of your monthly allowance. Unused allowances are not transferrable from month to month.
(2) Changes to Rates: VBuzzer may change the rates payable for any Service at any time by giving thirty (30) days notice of such change on this website. The new rate will apply on its effective day (30 days after notice). If you do not accept the adjusted rates, do not use the Service. Your continued use of the Service shall constitute your acceptance of the adjusted rates.
(3) Responsibility to Pay After Disconnection / You Account Closure: If we disconnect your access to a Service, you will remain liable to us for all charges under this Agreement and all the costs we incur to collect these charges, including, without limitation, collection agency fees, reasonable lawyers' fees, and arbitration or court costs. All of charges owed at the time of disconnection will be immediately payable. At the time Your Account is closed, VBuzzer will immediately charge the credit or debit card or Paypal account you have provided for payment, or initiate an electronic funds transfer if that is your payment method, for all amounts due and owing on disconnection.
(1) Methods of Payment: Presently, you can use pay for your use of the Services by debit card (Visa / MasterCard debit), credit card (Visa, MasterCard, Amex, Discover), PayPal, Interac e-Transfer (Canada only). Payment for use of the Services is made in advance. You must prepay for your use of the Services by depositing the minimum amount indicated into Your Account. Applicable fees will be charged against Your Account and withdrawn against this deposit. In the event that you opt out of the Auto-Recharge Default Feature (see paragraph (4) below), you hereby authorize VBuzzer to charge your designated payment method for the full amount of any outstanding charges.
(2) Term of Payment: Monthly fees will be payable in advance at the start your billing period. There are no annual service plans. Any additional usage charges will be payable in arrears and charged against Your Account. Late payments will be subject to interest of 18% per year (1.5% per month), and Service may be suspended, changed, or terminated at the sole discretion of VBuzzer. In the event of non-payment, cancellation or termination, all charges including, but not limited to, subscription fees, usage-based charges, taxes, interest, purchases, and surcharges will become immediately due and payable.
(3) Limited Time to Dispute Charges: If you believe that VBuzzer has charged you in error, you must notify VBuzzer’s customer support team of the alleged error within 90 days after such charge is applied to dispute it. If you fail to do so, the charges will be deemed valid and accepted by you. For greater clarity, no refunds will be given for any charges which are more than 90 days old. VBuzzer’s customer support team can be reached at 1-905-477-4459.
(4) Auto-Recharge Default Feature (if applicable): Unless you indicate otherwise when registering for Your Account (by unticking the relevant box), VBuzzer will automatically deposit Your Account with an amount equal to your original deposit by charging your designated payment method on a monthly basis. You can disable this auto-recharge feature at any time by accessing Your Account and unticking the relevant box. Disabling this auto-recharge feature will not affect your responsibility for any charges which have already been submitted.
(5) Access to Updated Credit/Debit Card Details: In order to avoid service interruptions caused by rejected credit or debit card charges, VBuzzer reserves the right to update your credit or debit card details (such as expiration dates) where this is not prohibited by law. YOU UNDERSTAND AND AGREE THAT VBUZZER IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES.
IV. THE SERVICES
A. Availability of the Services, Changes to the Services
The Services may be temporarily unavailable from time to time for routine maintenance and repair, improvements and/or upgrades of their underlying technology. As it deems appropriate, VBuzzer may also implement changes to the Services (which may include the complete removal of part or all of the Services) in response to market demands, technological developments and the regulatory environment. VBuzzer reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades to the Services. VBuzzer has no obligation to make available to you any subsequent versions of the Services. You may have to enter into a renewed version of this Agreement if you want to download, install or use a new version of any Service.
B. Content of Communications
VBuzzer does not control, or have any knowledge of the content of any communication(s) spread by the use of the Services. The content of the communication is entirely the responsibility of the person from whom such content originated. You may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.
C. Fair Usage Policy
Most subscriptions are subject to VBuzzer’s fair usage policy http://www.vbuzzer.com/fup. VBuzzer reserves the right to change the fair usage policy at any time. Changes shall become effective within thirty (30) days of publication of the revised version on the VBuzzer website. Your continued use of the Services after expiry of the thirty (30) day period shall constitute your acceptance of the revised fair usage policy.
(1) 160 / 70 Character Limit: The Services may permit you to send SMS text messages from VBuzzer to SMS-enabled numbers worldwide. Each SMS message has a limit of 160 characters. If you type a message longer than 160 characters, it will be broken down into several SMS messages and you will be charged accordingly for each message sent. If you type a character that is not supported by the GSM character set, the format of the SMS may be converted to Unicode, which is subject to a 70 character limit per message.
(2) Other SMS Limitations: VBuzzer may impose restrictions on the overall number of concurrent messages you send from time to time. If VBuzzer cannot send your SMS, its status will be shown as “pending”. VBuzzer will keep trying to send the message for up to 24 hours. If VBuzzer cannot properly send the message within this timeframe, any SMS usage charge applied by VBuzzer for the message will be refunded to Your Account.
(1) Storage: While Your Account is active, your faxes will be accessible through VBuzzer website or VBuzzer Messenger. VBuzzer will store fax messages received through your VBuzzer Number for a period of up to one (1) year, measured from the date of receipt of such fax. VBuzzer may change the storage period, allowable storage space, and other limitations on the storage of fax messages from time to time. It is a condition of using the Services that you agree that VBuzzer has no responsibility or liability whatsoever for the deletion of or failure to store any fax messages and/or other communications maintained or transmitted by the Services.
(2) Change in phone/fax Number: From time to time, VBuzzer may have to change the phone or fax number assigned to you (whether due to an area code split or any other reason outside or within VBuzzer’s control). You agree that VBuzzer will not be liable for damages (including consequential or special damages) arising out of any such change in the VBuzzer number assigned to you, and you hereby waive any claims with respect to any such change, whether based in contract, tort or other grounds, even if VBuzzer has been advised of the possibility of damages. This provision survives the termination of this Agreement.
VI. PROPERTY RIGHTS
A. The Services
VBuzzer is a registered trademark of VoIP Much Phone Company Inc. The Services are owned and operated by VBuzzer and its third party suppliers. VBuzzer and its third party suppliers are the owners of all intellectual property rights in the Services, related written materials, logos, trademarks (including the VBuzzer trademark), names and other support materials furnished with the Services. No title to the intellectual property in the Services are transferred to you by this Agreement, and all rights not expressly granted herein are reserved by VBuzzer. You may not use VBuzzer's trademarks, trade names, patents, copyrights or other intellectual property rights without VBuzzer's prior written permission.
B. VBuzzer Numbers
(1) Ownership: YOU UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY VBUZZER CONTACT NUMBER. OWNERSHIP OF ANY SUCH NUMBER IS VESTED SOLELY IN VBUZZER AND ITS THIRD PARTY SUPPLIERS.
(2) Portability: In Canada, you are able to take or “port” your current number to VBuzzer or to another service provider. If you ask your new service provider to port a number from VBuzzer, VBuzzer will terminate your access to the relevant Service after receiving notice from the competitive local exchange carrier that your number has successfully been ported to your new service provider. If the port is unsuccessful for any reason, your access to the Services will continue unless you contact VBuzzer’s customer support team at directly to terminate the Service or unless we terminate the Service for another reason. Please note that you remain responsible for all fees and charges which accrue prior to and at the time of Service termination. In the event that your access to the Services is terminated and you fail to port your number to a new service provider, your number may be reassigned to another person.
C. Grant of License
(1) Use of Services: Subject to the terms of this Agreement, VBuzzer hereby grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, and non-assignable license to download, install and use any downloadable software comprising part of the Services on your computer, phone or PDA for the sole purpose of personally using the Services.
(2) Limitations and Conditions: Your license and right to use the Services is conditional on your payment of applicable charges and your compliance with the following prohibitions;
(a) You must not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to any or all of the Services;
(b) You must not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Services or any part thereof except to the extent permitted by law;
(c) You must not copy any software comprising part of the Services except that you may make one copy of the Software solely for backup purposes;
(d) You must not assign this Agreement or transfer, lease, export or grant a sublicense of Services or the license contained herein to any other party unless authorized by VBuzzer in writing;
(e) You must not network the Services or otherwise use it on more than one computer system at any one time;
(f) You must not incorporate any software comprising part of the Services into any computer chip or the firmware of a computing device manufactured by or for you;
(g) You must not permit third parties to use the Services in any way that would constitute breach of this Agreement; and
(h) You must not remove, obscure, make illegible or alter any notices or indications of ownership rights of VBuzzer or its third party suppliers, whether such notice or indications are affixed on, contained in or otherwise connected to any materials provided as part of the Services.
VII. LIMITATIONS ON VBUZZER’S LIABILITY
The term “VBuzzer” as used in this Section VII shall include VBuzzer, its affiliates, and their respective employees, directors, officers, servants, and agents, and VBuzzer’s third party suppliers.
(1) Limit of Liability: In respect of any claim, demand or action arising out of this Agreement against VBuzzer, whether based in contract, tort (including negligence), equity or other theory of law, including a breach by VBuzzer of any of its obligations under this Agreement (whether or not a fundamental breach), your exclusive remedy shall be to receive from VBuzzer payment for actual and direct damages to a maximum aggregate amount equal to the lesser of one month's actual fees paid by you (calculated as the average of the previous 3 calendar months usage fees) and $100.
(2) Disclaimer of Heads of Damages: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL VBUZZER BE LIABLE TO YOU OR ANY OTHER PERSON IN CONTRACT, TORT, EQUITY OR ANY OTHER THEORY OF LIABILITY FOR ANY LOST BUSINESS REVENUES OR INCOME, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING FROM OR BASED ON THE USE OF THE SERVICES, INCLUDING THOSE ARISING BY REASON OF ANY SERVICE OUTAGE AND/OR INABILITY TO USE OR ACCESS 911 EMERGENCY SERVICES.
(3) Specific Disclaimer of Liability for 911 Emergency Calls: LIMITED EMERGENCY CALLING IS ENABLED USING THE SERVICES ONLY IN THE CIRCUMSTANCES SET OUT IN SECTION III (RESTRICTIONS ON USE) OF THIS AGREEMENT. THE SERVICES ARE NOT INTENDED TO SUPPORT NOR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. YOU AGREE THAT NEITHER VBUZZER MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), EQUITY OR ANY OTHER THEORY OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO:
(a) WHERE NO EMERGENCY CALLING IS ENABLED, YOUR INABILITY TO USE THE VBUZZER SOFTWARE TO CONTACT EMERGENCY SERVICES, OR YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES; and
(b) WHERE LIMITED EMERGENCY CALLING IS ENABLED, (i) SERVICE LIMITATIONS, (ii) YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES, (iii) YOUR FAILURE TO PROVIDE ACCURATE PHYSICAL LOCATION INFORMATION TO AN EMERGENCY SERVICES OPERATIVE, OR (iv) CONDUCT OF THIRD PARTY EMERGENCY SERVICES OPERATIVES AND CALLING CENTRES TO WHOM YOU MAY BE CONNECTED.
(4) Specific Disclaimer of Liability for Content and Storage: VBUZZER DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, INSTANT MESSAGES, PHONE CALLS, FAX CALLS, SMS) OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES. YOU AGREE THAT VBUZZER SHAL NOT BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), EQUITY OR ANY OTHER THEORY OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY AIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL SUCH CONTENT, PRODUCTS OR SERVICES. YOU ALSO AGREE THAT VBUZZER SHALL NOT BE LIABLE FOR THE DELETION OR FAILURE TO STORE ANY COMMUNICATIONS CREATED OR TRANSMITTED BY THE SERVICES.
(5) Application of the Limitations: THE LIMITATIONS ON VBUZZER’S LIABILITY TO YOU IN THIS SECTION VII SHALL APPLY WHETHER OR NOT VBUZZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING AND WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE.
VIII. OTHER IMPOTANT LEGAL TERMS
A. Notices to You
You acknowledge and agree that VBuzzer will be sending you information regarding the Services, including via e-mail, over the Internet. If notices are sent by us to the last email address provided by you, you agree that we have provided sufficient email notice and you waive any rights to assert failure of notice. You can contact VBuzzer at .
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
C. Entire Agreement
This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. The rights and remedies of VBuzzer set out in this Agreement are not exclusive, but are in addition to those available to VBuzzer at law.
This Agreement is not assignable, transferable or sublicenseable by you except with VBuzzer’s prior written consent.
The failure to exercise, or delay in exercising, a right, power or remedy provided by the Agreement or by law shall not constitute a waiver of that right, power or remedy. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
F. Force Majeure
You agree that if VBUZZER is unable to provide the Services as a result of a force majeure event VBUZZER will not be in breach of any of its obligations towards you under this Agreement. A “force majeure event” means any event beyond the control of VBUZZER. In the event VBUZZER is affected by a force majeure event, it shall promptly notify you of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. VBUZZER SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
The original English version of the Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
H. Headings and Captions
Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Last updated: February 3, 2010