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THE TERM imcTelecom AS USED IN THIS AGREEMENT SHALL INCLUDE imcTelecom AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS, AND FOR THE PURPOSES OF SECTION 9 AND 10 ONLY ALSO INCLUDES ANY OTHER SERVICE PROVIDER, THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES. Your registration data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy. imcTelecom may change this Agreement by posting a new version without notice to you. Some product updates and upgrades are mandatory and will be so indicated. It is your responsibility to frequently review our posted terms of service available on our website. If you do not agree to such changes, you are deemed to have received notice of termination and must comply with section 8 of this Agreement. PERMITTED USE
By accepting the terms of this Agreement, you represent to imcTelecom that you are at least 18 years old and imcTelecom hereby grants to you a worldwide, personal, non-transferable, non-sublicenseable and non-exclusive right to use the Service/Software, solely in object code format, solely for your own personal purposes, solely on a single cellphone/computer at any one time, solely in its supported form and solely with imcTelecom's service. This Agreement defines legal use of the Service/Software, all updates and revisions.
RESTRICTIONS ON USE
You agree that you will not: (a) use the Service/Software except as authorized herein; and (b) permit third parties to use the Service/Software in any way that would constitute breach of this Agreement. You further agree to keep confidential the user id, passwords and all other personal access information associated with your account, which are provided for your sole use. You hereby accept responsibility for all activity performed by you or anyone using your access information with or without your authorization.
THE SERVICE/SOFTWARE IS PROVIDED FOR PERSONAL USE ONLY. ANY COMMERCIAL USE OF THE SERVICE/SOFTWARE IS FORBIDDEN AND WILL RESULT IN IMMEDIATE TERMINATION OF THE SERVICE AT THE SOLE DISCRETION OF imcTelecom. USAGE PATTERNS INCONSISTENT WITH PERSONAL USE AS DETERMINED SOLELY BY imcTelecom WILL BE DEEMED COMMERCIAL USE.
ACCESSING 911 SERVICE.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICE/SOFTWARE DOES NOT SUPPORT TRADITIONAL 911 EMERGENCY SERVICES, SUBJECT TO THE LIMITED CAPABILITY DESCRIBED HEREIN. You also hereby acknowledge and agree with the 911 procedures as more particularly outlined below, as a condition of registration completion. By completing registration and activating service you acknowledge that you have read, understand and accept the 911 procedures as outlined below, and the limitations thereof, as compared with traditional 911 emergency service. You also acknowledge that USE of the Software is subject to prior acceptance of the 911 procedures described herein. 911 and E911 service is NOT supported on this service. In the event of an emergency, subscribers must call 911 emergency services from a regular (PSTN) landline or cell phone only. VOIP emergency services are provided by our telecom partners. As required by the Canada's telecom regulators, subscribers of imcTelecom service (softphones with a regular phone number that can call and receive calls to/from any regular phone) will be connected to a Public Safety Answering Point (PSAP) with a live operator who will be able to assist with your situation, if you are in Canada. However, as this constitutes a basic 911 service the operator will NOT be aware of your location or phone number and thus you must provide the operator with this information. Some service areas, as determined and provided by our telecom partners, offer an Enhanced 911 service which permits the transfer of the caller's name, phone number and address to the PSAP. Your phone number and address will also be displayed, subject to the address routing capabilities of the particular service area. Your address information is your registered location, often your billing address, and will be the address information displayed, if possible, to the PSAP. Failure to provide the current and correct information, including physical address, may result in incorrect routing to an emergency service provider. You are reminded that our service can be taken with you wherever you take your cellphone/computer and connect to the Internet. It is your responsibility to update your address when you are using the service from a location other than your registered address. These services work only within Canada and continental U.S.A., (except Alaska) and where provided by third party telecom partners. Without derogating from the foregoing, as imcTelecom relies on such third party telecom partners for the forwarding of call routing information, imcTelecom disclaims all liability or responsibility in the event that such information or routing is incorrect. You may also experience busy signals or greater delays when accessing 911 services through VOIP compared to traditional 911 emergency services. This is due to current technical constraints of the technology. A power systems failure may make your imcTelecom system inoperable including any 911 service capability. Under the circumstances of any power system failure, we recommend that you maintain an alternate means of accessing emergency services. 911 service may also not be available due to service outages, or suspension or termination of service, by third parties, including your ISP. YOU AGREE TO NOTIFY ANY USER WHO MAY PLACE CALLS USING YOUR SERVICE, INCLUDING HOUSEHOLD RESIDENTS AND GUESTS WHO MAY BE PRESENT IN YOUR HOUSEHOLD, THAT 911 AND E911 DIALING IS NOT POSSIBLE WITH NON-SUBSCRIPTION USE OF THE SOFTWARE OR THE "CALL BACK SERVICE". YOU ALSO AGREE TO NOTIFY ANY USER USING YOUR "CALL BACK SERVICE" THAT 911 EMERGENCY SERVICES ARE LIMITED AND TO EXPLAIN TO SUCH USER THE 911 PROCEDURES DESCRIBED HEREIN. WE RECOMMEND THAT YOU MAINTAIN AN ALTERNATE MEANS OF ACCESSING EMERGENCY SERVICES.
OWNERSHIP AND COPYRIGHT
imcTelecom is the owner of all intellectual property rights in the Service/Software, related written materials, logos, names and other support materials furnished with the Software. No title to the intellectual property in the Service/Software is transferred to you by this Agreement and all rights not expressly granted herein are reserved by imcTelecom. USAGE.
The call back service will enable you to call in to a designated telephone number where you will receive a busy signal. You will then terminate the call by hanging up. You will receive a call back after 4-8 seconds, and when you answer the call back you will hear a dial tone where you will be able enter the number that you want to call according to the plan that you have subscribed. After dialing the number that you want to call you agree that you will not press the send or # key or any other key that is not part of the number that you want to call. All users who are not a part of a imcTelecom fee-based service and do not use their user id for a period of sixty (60) days, determined at imcTelecom's sole discretion, will have their user id cancelled. You must re-register with imcTelecom to resume using the service. imcTelecom accepts no responsibility or liability for the deletion or failure to store any related information. BILLING AND PAYMENT.
You agree to provide imcTelecom valid and accurate payment information and keep this information up-to-date through the "Client Info" area on our website. You must use one of our methods of payment for all fees and purchases. You are responsible for all charges incurred under your account, including all purchases applicable taxes, fees, and surcharges to your account made by you or anyone else. The method of billing is via monthly cycle/prepaid accounts. Annual rate subscriptions will billed once a year in advance. Usage based charges will be charged against your remaining balance. You will be notified when your remaining balance is nearing zero. All charges will be billed to your designated method of payment. You authorize imcTelecom to charge your selected payment method for the full amount of these charges. In the event we do not receive payment from your designated payer you agree to pay all amounts due upon demand by imcTelecom. You agree that you are responsible for all charges incurred prior to and including the date of membership cancellation or termination. Late payments will incur a fee of 18% per year (1.5% per month) charge and Service may be suspended, changed, or terminated at the sole discretion of imcTelecom. 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. NO WARRANTIES OR CONDITIONS.
THE SERVICE/SOFTWARE IS PROVIDED "AS IS" WITHOUT 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. imcTelecom DOES NOT WARRANT THAT THE SERVICE/SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE ERROR FREE. imcTelecom DOES NOT REPRESENT THAT THE SERVICE/SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE CANADA OR THE CONTINENTAL UNITED STATES. TERMINATION.
This Agreement is effective until terminated. You may terminate this Agreement at any time by removing the Software or terminating the service by contacting imcTelecom, in its entirety from your computer and destroying all back-up copies of the software, and notifying imcTelecom of such actions. imcTelecom may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by imcTelecom shall be in addition to and without prejudice to such rights and remedies as may be available, including injunction and other equitable remedies. Upon receipt by you of written notice of termination from imcTelecom, you shall immediately (a) cease using the Software; (b) destroy all copies of the Software in your possession. You must provide imcTelecom with a written confirmation that you have complied with the foregoing, no later then 5 days after termination. The provisions of Sections 2, 3, 4, 6, 9 and 10 herein shall survive termination of this Agreement. LIMITATION OF imcTelecom LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL imcTelecom BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOST BUSINESS REVENUES, 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 SOFTWARE OR THE SERVICES PROVIDED PURSUANT HERETO, INCLUDING THOSE ARISING BY REASON OF ANY SERVICE OUTAGE AND/OR INABILITY TO USE OR ACCESS 911 EMERGENCY SERVICES.
In respect of any claim, demand or action arising out of this Agreement against imcTelecom, whether based in contract or tort (including negligence), indemnity or otherwise, including a breach by imcTelecom of any of its obligations under this Agreement (whether or not a fundamental breach), your exclusive remedy shall be to receive from imcTelecom payment for actual and direct damages to a maximum aggregate amount equal to the lesser of one month's actual fees (calculated as the average of the previous 3 calendar months usage fees) and $100.
These limitations and exclusions apply without regard to whether imcTelecom has been advised of the possibility of such damages, if such damages were reasonably foreseeable or if the damages arise from use or inability to use the Software and services, negligence, or any other cause. INDEMNIFICATION.
You agree to indemnify and hold imcTelecom harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this Agreement (including those relating to accessing 911 service), your violation of applicable laws, or your violation of any rights of another person or entity.
MISCELLANEOUS.
You agree that prices are subject to change without prior notice. You agree that you fully understand how the call back service works. You agree that you have an unlimited incoming calls plan from your Cellular Phone provider. You agree that you will pay a non-refundable fee depending on the plan that you subscribe wether you use the service or not.
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