General Service Agreement Conditions of Use
1. Acknowledgment and acceptance of terms of use
HowzitOnline provides telecommunication services described
in greater detail on this web site (www.HowzitOnline.com)
(the Service) to you (the End User) subject to the following
conditions. By accessing this site and/or registering or using
the Service, the End User acknowledges receiving, reading
and understanding this General Service Agreement (the Agreement)
and accepts the terms and conditions herein. If you do not
agree to these Conditions of Use, please do not use our site
or the Service. We reserve the right, at our discretion, to
update or revise these Conditions of Use. Each time you log
in or otherwise access this site or use the Service following
the posting of any changes to the Conditions of Use, you hereby
accept these changes regardless of whether you have checked
or visited the Conditions of Use portion of the site. These
Conditions of Use govern the use of our site by viewers and
other users.
2. Conduct
You are solely responsible for your actions and the content
of your transmissions through or in connection with the Service,
it being understood that each employee acts on behalf of any
company with which such employee is associated in all actions
and submissions on or in connection with the Service. You
agree:
(a) to abide by all applicable local, state, national, and
international laws and regulations in your use of the Service;
(b) not to use the Service for illegal purposes;
(c) not to use or attempt to use another person's or entity's
account, telephone number, service, system or other Confidential
Access Information without authorization from the owner;
(d) to comply with all laws regarding the transmission of
voice or technical data (including all export laws, regulations,
and restrictions of the United States);
(e) not to stalk, threaten, or harass anyone through, in
connection with, or utilizing any data collected through the
Service;
(f) that we neither endorse the content of any of your communications
nor assume any responsibility for any threatening, libelous,
obscene, harassing or offensive material contained in such
materials, or any crime facilitated by use of the Service;
(g) not to interfere or disrupt networks connected to the
Service or otherwise attempt to interfere with the proper
function of the Service; and
(h) not to attempt to obtain unauthorized access to the Service.
HowzitOnline may, in its sole discretion, immediately terminate
your access to the Service and/or this site should your conduct
fail to conform to any provision of this Agreement.
3. Terms of use for Basic Membership (Free IP to IP Calling)
For HowzitOnline Basic Membership user or, the Service is
provided to you for your personal, residential, non-business
and non-professional use. This means that you are not to use
it for any commercial or governmental activities, profit-making
or non-profit, including but not limited to home office, business,
sales or any other activity that would be inconsistent with
normal personal usage patterns. This also means that you are
not to resell, package with equipment or transfer the Service
to any other person for any purpose, or make any charge for
the use of the Service, without express written permission
from HowzitOnline. HowzitOnline reserves the right to immediately
terminate or modify the Service, if HowzitOnline determines,
in its sole discretion, that Customer's Service is being used
for non-personal or business use.
4. Terms of use for Residential Service
For HowzitOnline Residential service user, the Service is
provided to you as a residential user, for your personal,
residential, non-business and non-professional use. This means
that you are not to use it for any commercial or governmental
activities, profit-making or non-profit, including but not
limited to home office, business, sales, tele-commuting, telemarketing
(including without limitation charitable or political solicitation
or polling), autodialing, continuous or extensive call forwarding,
fax broadcast, fax blasting or any other activity that would
be inconsistent with normal residential usage patterns. This
also means that you are not to resell or transfer the Service
to any other person for any purpose, or make any charge for
the use of the Service, without express written permission
from HowzitOnline. You agree that your use of the Service
provided to you by any other person for any business or governmental
purpose will obligate you to pay HowzitOnline's higher rates
for business service on account of all periods, including
past periods, in which you use, or used, the Service for business
or governmental purposes. HowzitOnline reserves the right
to immediately terminate or modify the Service, if HowzitOnline
determines, in its sole discretion, that Customer's Service
is being used for non-residential or business use.
5. Terms of use for Business Service - Resale, even for free
is prohibited
For HowzitOnline Business service user, the Service is provided
to you as a business user. This means that you are not to
resell or transfer the service to any other person for any
purpose, without express written permission from HowzitOnline.
You agree that the HowzitOnline Business Plans do not confer
the right to use the service for auto-dialing, continuous
or extensive call forwarding, call centers (incoming or outgoing),
telemarketing (including without limitation charitable or
political solicitation or polling), fax broadcasting or fax
blasting. HowzitOnline reserves the right to immediately terminate
or modify the Service, if HowzitOnline determines, in its
sole discretion, that Customer's Service is being used for
any of the activities mentioned above.
6. Prohibited Uses
Any End User's use of the Service or any other action that
causes a disruption in the network integrity of HowzitOnline
or its vendors, whether directly or indirectly, is strictly
prohibited and could result in termination of the Service
and/or payment for damages relating to such conduct. The End
User understands that neither HowzitOnline nor its vendors
are responsible for the content of the transmissions that
may pass through the Internet and/or the Service. The End
User agrees that it will NOT use the Service in ways that
violate laws, infringe the rights of others, or interfere
with the users, services, or equipment of the network. The
End User agrees and represents that it is using the Service
for its own internal use only, and shall not resell the Service
thereof. The Service is for the personal, residential and
reasonable business use of the End User only. Such use shall
not include certain activities, including but not limited
to any autodialing, continuous or extensive call forwarding,
continuous connectivity, fax broadcast, fax blasting, telemarketing
or any other activity that would be inconsistent with personal,
residential and reasonable business use patterns.
7. Changes to the Agreement and Service
HowzitOnline may change the terms and conditions of this
Agreement from time to time and at its discretion without
prior notice. HowzitOnline reserves the right to change, suspend
or cancel the Service, temporarily or permanently, with or
without notice to the End User. HowzitOnline will not be liable
to the End User or any third party in the event that HowzitOnline
exercises its right to modify or discontinue the Service.
9. Telephone Numbers
Any telephone number provided by HowzitOnline (the Number)
to the End User shall be leased and not sold to the End User.
The End User shall not obtain any rights, title or interest
in the Number. The Number is not portable to other service
providers. The End User is not to use the Number with any
other device other than the approved equipment (the Equipment)
without the express written permission of HowzitOnline. HowzitOnline
reserves the right to change, cancel or move the Number at
its discretion. Upon expiration, cancellation or termination
of the Service, the End User shall relinquish and discontinue
use of any phone numbers, voice mail access numbers and/or
web portals assigned to the End User by HowzitOnline.
10. Fees
HowzitOnline does not currently charge any fees to use The
Basic Service. HowzitOnline reserves the right to change this
policy at its sole discretion without prior notice. The End
User is responsible for procuring and paying the costs for
any software, hardware, or internet/broadband connection charges
necessary to access and use the Service.
11. Payment
All paid services new or recurring are prepaid.
Your initial use of the Service authorizes HowzitOnline to
charge the credit card account number on file with HowzitOnline,
including any changed information given HowzitOnline if the
card expires or is replaced, or if you substitute a different
card, for HowzitOnline recurring charges. This authorization
will remain valid until 30 days after receives your written
notice terminating HowzitOnline's authority to charge your
credit card.
12. Late/Non-payment
HowzitOnline may terminate your Service at any time in its
sole discretion, if any charge to your credit card on file
with HowzitOnline is declined or reversed, your credit card
expires and you have not provided HowzitOnline with a valid
replacement credit card or in case of any other non-payment
of account charges.
13. Billing
The service user must provision HowzitOnline with a valid
credit card number (Visa, MasterCard, Discover, American Express
or any other issuer then-accepted by HowzitOnline) when the
Service is activated. HowzitOnline reserves the right to stop
accepting credit cards from one or more issuers. If the card
expires, you close your account, your billing address changes,
or the card is cancelled and replaced owing to loss or theft,
you must advise HowzitOnline immediately. Such billing charges
will include monthly service fees, applicable taxes and any
other applicable charges. Monthly service fees are charged
in advance to your credit card, including but not limited
to: monthly recurring charges.
14. Taxes
You are responsible for, and shall pay, any applicable federal,
state, provincial, municipal, local or other governmental
sales, use, excise, value-added, personal property, public
utility or other taxes, fees or charges now in force or enacted
in the future, that arise from or as a result of your subscription
or use or payment for the Service or a Device. Such amounts
are in addition to payment for the Service or Devices and
will be billed to your credit card as set forth in this Agreement.
15. Technical Support
HowzitOnline provides the End User with technical support
at its sole discretion and as limited to the Service and the
Equipment provided hereunder. Technical support is rendered
from HowzitOnline's premise, as available, via email. Support
for other applications and uses is not provided or implied.
16. Termination
HowzitOnline reserves the right to, in its sole discretion,
suspend or discontinue your access to all or part of this
site or the Service, with or without notice. HowzitOnline
will not be liable to you or any third party for termination
of the Service.
17. Indemnification
The End User agrees to defend, indemnify and hold harmless
HowzitOnline, its directors, officers, shareholders, affiliates,
agents, successors, assigns and vendors, from any claims or
damages relating to this Agreement or a breach or violation
of this Agreement, including reasonable attorneys' fees.
18. Critical Components
HowzitOnline DOES NOT OFFER OR SUPPORT 911 OR ANY OTHER EMERGENCY
FUNCTIONS.
19. Disclaimer of Warranties and Limitation of Liability
To the full extent permissible by applicable law, HowzitOnline
disclaims all warranties, express or implied, including, but
not limited to, implied warranties of merchantability and
fitness for a particular purpose and non-infringement. HowzitOnline
does not warrant that this site, its servers, the Service
or e-mail sent from HowzitOnline are free of viruses or other
harmful components. HowzitOnline will not be liable for any
damages of any kind arising from the use of or inability to
use this site, including, but not limited to direct, indirect,
incidental, punitive, special, exemplary and consequential
damages. This limitation applies whether the alleged liability
is based on contract, tort, negligence, strict liability,
or any other basis, even if HowzitOnline has been advised
of the possibility of such damage. HowzitOnline makes no representations
or warranties of any kind express or implied, as to the operation
of this site and/or the Service or the information, content,
materials, or products included on this site. HowzitOnline
makes no warranty that:
(i) this site or the Service will meet your requirements,
(ii) this site or Service will be uninterrupted, timely,
secure, or error-free,
(iii) the results that may be obtained from the use of this
site or Service will be accurate or reliable,
(iv) the quality of any products, services, information,
or other material purchased or obtained by you through this
site or Service will meet your expectations, and
(v) any errors in this site or the Service will be corrected.
HowzitOnline will not be liable for any direct, indirect,
consequential, incidental or special damages, whether foreseeable
or not, which may result from use or access to this site and/or
the Service. You understand and agree that the use of this
site and/or the Service is at your sole risk and discretion
and is on an "as is" and "as available"
basis. You also understand and agree that you will be solely
responsible for any damage resulting from your use of this
site or the Service, including damage to your computer system
or loss of data that results from material or data that is
downloaded from this site.
HowzitOnline is not responsible for the content on the Internet
or the World Wide Web not otherwise located on this site.
As a convenience to our End Users, HowzitOnline may provide
links to resources that are beyond its control. HowzitOnline
makes no representations as to the quality, suitability, functionality
or legality of any sites to which we may provide links, and
the End User hereby waives any claim he or she might have
against HowzitOnline with respect to such sites.
20. No Consequential Damages
In no event shall HowzitOnline, its officers, directors,
employees, affiliates, agents, successors, assigns or any
other service provider who furnishes services to the End User
in connection with this Agreement or the Service be liable
for any incidental, indirect, special, punitive, exemplary
or consequential damages, or for any other 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 HowzitOnline was informed of the likelihood
of any particular type of damages.
21. Remedies for Breach of these Terms by You
In the event that HowzitOnline determines, at its sole discretion,
that you have breached any portion of these Conditions of
Use, or have otherwise demonstrated conduct inappropriate
for our site, HowzitOnline reserves the right to (i) warn
you via email that you have violated these Conditions of Use;
(ii) delete any or all content provided by you or your agent(s)
to this site, (iii) discontinue your access to the Service
or site; (iv) notify and/or send content to and/or fully cooperate
with the proper law enforcement authorities for further action;
and/or (v) any other action which HowzitOnline deems to be
appropriate.
22. Governing Law
This Agreement is governed by the laws of the State of California
without regard to its conflicts of law provisions. The End
User acknowledges and agrees that California courts have jurisdiction
over this Agreement and customer, that Los Angeles County,
California is an appropriate place for venue of any litigation,
and that all litigation, to the extent possible, shall be
in Los Angeles, California.
23. Copyrights and Trademarks
All content included on this site, such as text, graphics,
logos, button icons, images, audio clips, digital downloads,
data compilations, and software, is the property of HowzitOnline
or its content suppliers (the Intellectual Property) and protected
by United States and international copyright laws. The compilation
of all content on this site is the exclusive property of HowzitOnline
and protected by U.S and international copyright laws. You
may not post to this site, use the Service and/or copy, reproduce,
retransmit, distribute, publish, commercially exploit or otherwise
transfer, any material subject to any Intellectual Property.
You have the burden of determining whether any information,
software, images or any other content on this site is not
protected by any Intellectual Property.
24. Registration Information/Privacy Policy
When you register as a member of HowzitOnline, you will be
required to provide us with your End User I.D., and password
other confidential access information (Confidential Access
Information).
Except as provided herein, HowzitOnline will not sell to
any third party your name, address, email address and End
User I.D., unless you provide your informed consent, except
to the extent necessary to comply with applicable laws, police
investigations or in legal proceedings where such information
is relevant. HowzitOnline grants to third parties providing
technical services to us access to our database only to the
extent necessary to provide such technical services. In those
instances, such third parties are bound by these Terms and
Conditions. Your informed consent shall be in the form of
an "opt in" or similar policy. In addition, HowzitOnline
may assign, sell, license, or otherwise transfer to a third
party its entire database, including your name, address, email
address, and End User I.D., in connection with an assignment,
sale, joint venture, or other transfer or disposition of all
or a significant portion of the assets or stock of HowzitOnline.
You are responsible for maintaining the confidentiality of
your Confidential Access Information. You shall be responsible
for all uses of your Confidential Access Information, whether
or not authorized by you. You agree to immediately notify
HowzitOnline of any unauthorized use of your Confidential
Access Information.
25. Linking to the Site
You may provide links only to the splash page of this site
(located at www.HowzitOnline.com, provided (a) you do not
remove or obscure, by framing or otherwise, the copyright
notice, content or other notices on this site, (b) you give
HowzitOnline prior written notice of such link by sending
an e-mail to webmaster@HowzitOnline.com, and (c) you discontinue
providing links to this site if notified by HowzitOnline.
26. Miscellaneous
In the event that any provision of this Agreement conflicts
with the law under which this Agreement is to be construed
or if any such provisions are held invalid by a court with
jurisdiction over the parties to this Agreement, such provision
will be deemed to be restated to reflect as nearly as possible
the original intentions of the parties in accordance with
applicable law, and the remainder of this Agreement will remain
in full force and effect.
The failure of any party to insist upon or enforce strict
performance by the other party of any provision of this Agreement
or to exercise any right under this Agreement will not be
construed as a waiver or relinquishment to any extent of such
party's right to assert or rely upon any such provision or
right in that or any other instance, rather, the same will
be and remain in full force and effect.
HowzitOnline may assign its rights and obligations under
this Agreement, and upon such assignment HowzitOnline may
be relieved of any further obligation hereunder. This Agreement,
and any modifications of this Agreement by HowzitOnline as
provided above, constitute the entire understanding between
the parties as to subject matter hereof, and supersede all
prior agreements and understandings. Any legally unenforceable
provision of this Agreement will, at the election of HowzitOnline,
be deleted or modified to correct the defect and, regardless,
the remainder of the terms of this Agreement will remain valid
and enforceable.
27. Consent to Receive Electronic Documents
By accessing this site and using the Service, you are agreeing
to receive electronic documents, billing reports, statements
and records (electronic records) in lieu of paper documents,
statements and records from us. Your electronic records may
be emailed to you to the email account that you provide to
us, accessed through this site using your Confidential Access
Information or otherwise electronically provided to you. By
accessing this site and using the Service, you are also agreeing
to the use of electronic signatures in lieu of (and in addition
to) wet-ink, physical signatures. You may request a paper
copy of any electronic record that we send you by sending
an email request to erecords@HowzitOnline.com or by sending
a written request to HowzitOnline, ATTN: Electronic Records,
3046 NW 72 Ave, Miami, Florida 33122. You will be charged
$10.00 for every paper record that you request prior to your
cancellation of consent. You can withdraw your consent to
receive electronic records from us by sending an email message
to erecords@HowzitOnline.com or by sending a written letter
to HowzitOnline, ATTN: Electronic Records, 3046 NW 72 Ave,
Miami, Florida 33122. You will be charged a $50.00 cancellation
of consent fee. This consent applies to all electronic records
that we may send you. Your withdrawal of this consent will
not affect the legal effectiveness, validity or enforceability
of any electronic record that we provide to you prior to the
withdrawal of such consent. If you change your email address
to receive electronic records, you must notify us of your
new email address by sending an email message to erecords@HowzitOnline.com
or by sending a written letter to HowzitOnline, ATTN: Electronic
Records, 3046 NW 72 Ave, Miami, Florida 33122.
28. Acknowledgment
You represent to HowzitOnline that you have the authority
and capacity to understand and agree to these Conditions of
Use. You acknowledge (a) that you have read and understood
these Conditions of Use; and (b) that these Conditions of
Use have the same force and effect as a signed agreement.
COPYRIGHT 2005 HOWZITONLINE.COM. ALL RIGHTS RESERVED.
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