- Services Provided.
- NET SERVICING offers the Customer, among other things, the
ability to make local, domestic long distance and international
telephone calls using software or hardware SIP phones. NET SERVICING
currently offers four (4) types of services to its Customers:
- Customer may open a NET SERVICING Account and utilize the
ability to make or receive calls to other NET SERVICING members, FREE of
charge.
- Customer may open a NET SERVICING Account and make calls
on a "Pay-Per-Call" basis, the charges for which will be deducted from a
pre-paid deposit made to Customers Account.
- Customer may open a NET SERVICING Account and subscribe
for a "Flat-Rate-Plan"* which will allow a Customer to make calls to a
pre-set list of countries and or destinations (i.e. landline, mobile,
selected country, selected city or service provider). Charges for the
"Flat-Rate-Plan" will be billed as a re-occurring monthly service fee
charged to Customers credit card/debit card or from positive account
balance.
- Customer may open a NET SERVICING Account and subscribe
for a "Flat-Rate-Plan" to a pre-set list of country and or destinations
(i.e. landline, mobile, selected country, selected city or service
provider) in combination with the ability to make calls on a
"Pay-Per-Call" basis, which will be charged separately from a pre-paid
deposit made to Customers Account. Charges for the "Flat-Rate-Plan"
will be billed as a re-occurring monthly service fee charged to
Customers credit card/debit card or from positive account balance.
A complete list of NET SERVICING services can be found on the
Website (www.netservicingllc.com). NET SERVICING is not responsible for
reimbursements for calls made with another service while NET SERVICING is
temporarily unavailable.
- NET SERVICING does not currently offer sales of any
telephone devices ("Devices") to be used in conjunction with its
Services. If at any time hereafter NET SERVICING offers Devices to its
Customer's for use with the NET SERVICING Services, You expressly
acknowledge that the terms herein pertaining to the use of such Devices
shall be applicable.
- NET SERVICING Provides 911 and E911 service.
NET SERVICING provides 911 service across the United States, Canada,
and Puerto Rico. NET SERVICING 911 Dialing service operates differently
than traditional 911, you'll have to enter the street address where you
will be using your NET SERVICING service when purchasing a rate plan or
phone number. 911 service is not active on your account until you have
received email notification stating that 911 service is active.
- Service Outages.
- Service Outages Due to Internet Outage or Suspension or
Termination of Broadband Service or ISP Service. Service outages or
suspensions or terminations of service by your broadband provider or ISP
will prevent all Service.
- Service Outages Due to ISP or Broadband Provider
Blocking of Ports or Other Acts. Your ISP or broadband provider or
other third party may intentionally or inadvertently block the ports
over which the Service is provided or otherwise impede the usage of the
Service. In that event, provided that you alert NET SERVICING to this
situation, we will attempt to work with you to resolve the issue.
During the period that the ports are being blocked or your Service is
impeded, and unless and until the blocking or impediment is removed or
the blocking or impediment is otherwise resolved, your Service may not
function. You acknowledge that NET SERVICING is not responsible for the
blocking of ports by your ISP or broadband provider or any other
impediment to your usage of the Service, and any loss of service that
may result. In the event you lose service as a result of blocking of
ports or any other impediment to your usage of the Service, you will
continue to be responsible for payment of the Service charges unless and
until you terminate the Service in accordance with this Agreement.
- Residential Use of Service and Device. If you
subscribe to NET SERVICING's residential services, the Service and the
Device are provided to you solely for residential use. You shall not
resell or transfer the Service or the Device to another party without
our prior written consent. When subscribing to a residential Flat-Rate
Plan, you are prohibited from using the Service or the Device for
auto-dialing, continuous or extensive call forwarding, telemarketing
(including, without limitation, charitable or political solicitation or
polling), fax or voicemail broadcasting or fax or voicemail blasting.
NO BUSINESS PURPOSE WHATSOEVER SHALL BE DEEMED A VALID USE OF THE
RESIDENTIAL FLAT-RATE PLAN and NET SERVICING reserves the right to
immediately terminate or modify your Service if we determine, in our
sole and absolute discretion, that your use of the Service or the Device
is, or at any time was, inconsistent with normal residential usage
patterns. In addition, you will be required to pay our higher rates for
commercial service for all periods in which your use of the Service or
the Device was inconsistent with normal residential use. Utilization of
the Service for a business purpose may only be accomplished through
NET SERVICING's Pay-Per-Call, North America 500, and North America 1000
rate plans.
- Prohibited Uses.
- Unlawful. You shall use the Service and the Device only for
lawful purposes. NET SERVICING reserves the right to immediately
terminate your Service if, in our sole and absolute discretion,
NET SERVICING determines that you have used the Service or the Device for
an unlawful purpose. In the event of such termination, you will be
responsible for the full month's charges to the end of the current term,
including, without limitation, unbilled charges, plus a termination
fee, if applicable, all of which will become immediately due and payable
upon termination of your Service. If NET SERVICING believes that you
have used the Service or the Device for an unlawful purpose, we may
forward the relevant communication and other information, including your
identity, to the appropriate authorities for investigation and
prosecution. You hereby consent to our forwarding of any such
communications and information to these authorities. In addition,
NET SERVICING will provide information in response to law enforcement
requests, including, but not limited to, subpoenas, court orders, and
requests for wire taps etc, from the government under the Patriot Act,
to protect it's rights and property and in the case where failure to
disclose the information may lead to imminent harm to the customer or
others.
- Inappropriate Conduct. You shall not use the Service or
the Device in any way that is threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of another's
privacy, or any similar behavior. NET SERVICING reserves the right to
immediately terminate your Service if, in our sole and absolute
discretion, NET SERVICING determines that you have used the Service or the
Device in any of the aforementioned ways. In the event of such
termination, you will be responsible for the full month's charges to the
end of the current term, including, without limitation, unbilled
charges, plus a termination fee, if applicable, all of which will become
immediately due and payable upon termination of your Service. If
NET SERVICING believes that you have used the Service or the Device in any
of the aforementioned ways, NET SERVICING may forward the relevant
communication and other information, including your identity, to the
appropriate authorities for investigation and prosecution. You hereby
consent to our forwarding of any such communications and information to
these authorities. In addition, NET SERVICING will provide information in
response to law enforcement requests, including, but not limited to,
subpoenas, court orders and requests for wire taps etc, from the
government under the Patriot Act, to protect it's rights and property
and in the case where failure to disclose the information may lead to
imminent harm to the Customer or others.
- Caller ID Name ("CNAM"). When available with the
service(s) you have purchased from NET SERVICING, CNAM information will be
presented on inbound calls, within the My NET SERVICING website, and
within certain email communications. CNAM information is provided as is,
and NET SERVICING does NOT assure, warrant, or assume any liability for
the validity or accuracy of the CNAM information provided. The CNAM
information provided by NET SERVICING may NOT be used for any of the
following: collection of CNAM data for resale, licensing, or any
re-distribution to another party; any form of auto-dialing to obtain
bulk CNAM information; collection of CNAM data for any use other than
the services provided directly by NET SERVICING. Customer acknowledges
that all rights, title and interest to the CNAM information provided by
NET SERVICING, regardless of the form of media in which it is contained,
shall be the sole and exclusive property of, and are retained by,
NET SERVICING and/or NET SERVICING's CNAM information suppliers.
- Free Phone Number prohibited uses. NET SERVICING offers
the Free Phone Number product to all Customers. The Free Phone Number
product may not be re-sold / rented / leased or given away to another
individual or organization. You must be the end-user of the number
assigned to use the Free Phone Number. Free Phone Numbers may not be
sold or given away for free by any other telecommunications and/or VoIP
service provider to their customers. US and Canada Customers with Free
Phone Number(s) on their account will be required to activate 911 for an
additional fee as per FCC / CRTC regulations. Any limitations,
restrictions, or terms on the Free Phone Number product may be changed
at any time. Limited quantities of Free Phone Numbers may be available
in each area. NET SERVICING may discontinue offering the Free Phone Number
product for specific number(s) / area(s), or the entire product in
whole or in part, to both new and existing Customers at any time.
Numbers cannot be ported (LNP) into the Free Phone Number product.
Numbers assigned by NET SERVICING as Free Phone Numbers may not be
ported-away (LNP) from NET SERVICING and the underlying carrier serving
them unless the number is active on the Customers account at the time of
the port-out request (LSR), AND a $25.00 one-time port-out fee is paid
prior to the number being released for port-out. Each Free Phone Number
must receive call(s) from the PSTN totaling at least one (1) completed
minute of use every three (3) months or they may be removed from a
Customers account without warning. If Customers Free Phone Number is
removed from their account either because they cancelled it, and/or due
to non-use, Customer may not be able to re-order it under the Free Phone
Number product unless that area is being offered under the Free Phone
Number product at the time of re-order.
- Traffic termination prohibited uses. NET SERVICING offers
rate plans for terminating traffic, which may be used for business
purposes such as the Pay Per Call, North America 500, and North America
1000 rate plans. These rate plans may not be used to send
"cherry-picked" traffic to high-cost or rural call-termination areas,
and are not designed for routing LCR (Least Cost Routing) traffic or for
wholesale, re-sale, or carrier Customer purposes. NET SERVICING reserves
the right to immediately suspend and/or terminate any Customer, service,
or account it determines it is involved in sending cherry-picking
traffic to NET SERVICING, and/or is involved in sending LCR traffic to
NET SERVICING, and any determination shall be made at NET SERVICING's sole
discretion.
- Tampering with the Service. You shall not attempt
to hack or otherwise disrupt the Service or make any use of the Service
that is inconsistent with its intended purpose.
- Number Transfer. Customer may transfer or port-away
from NET SERVICING any phone number on their account that is within the
United States and/or Canada to another service provider at any time as
long as the number(s) they wish to port remain on their account and
active up to the date they are transferred to the new service provider.
On some products, such as the Free Phone Number product, NET SERVICING
will charge a port-out fee of $25.00 per phone number to port a number
away; this port-out fee must be paid in-advance by the Customer before
NET SERVICING will release the number for port-out. Customer must inform
NET SERVICING of any port-out's of number(s) on their account and/or
cancel the number(s) after they have ported to the new service provider
or re-billing for services on those number(s) will continue. Numbers in
countries outside the USA and Canada may be portable to other carriers,
but NET SERVICING cannot provide specific information regarding the
portability of numbers outside the USA and Canada.
- Service Distinctions. The Service is not a
telecommunications service and NET SERVICING provides it on a best efforts
basis. Important distinctions exist between telecommunications service
and the Service offering that NET SERVICING provides. The Service is
subject to different regulatory treatment than telecommunications
service. This treatment may limit or otherwise affect your rights of
redress before regulatory agencies.
- No 0+ or Operator Assisted Calling; May Not Support x11
Calling. The Service does not support 0+ or operator assisted calling
(including, without limitation, collect calls, third party billing calls
or calling card calls). The Service may not support 311, 511 and/or
other x11 services in one or more (or all) service areas.
- No Directory Listing. The phone numbers you obtain from
NET SERVICING will not be listed in any telephone directories. As a
result, someone with your phone number may not be able to utilize a
reverse directory to lookup your name and/or address.
- Incompatibility With Other Services.
- Home Security Systems. The Service provided by NET SERVICING
may not be compatible with home security systems. You may be required
to maintain a telephone connection through your local exchange carrier
in order to use any alarm monitoring functions for any security system
installed in your home or business. You are responsible for contacting
the alarm monitoring company to test the compatibility of any alarm
monitoring or security system with the Service.
- Certain Broadband and Cable Modem Services. You
acknowledge that the Service presently may not be compatible with other
broadband service providers. You further acknowledge that some
providers of broadband service may provide modems that prevent the
transmission of communications using the Service. We do not warrant
that the Services will be compatible with all broadband services and
expressly disclaim any express or implied warranties regarding the
compatibility of the Service with any particular broadband service.
- Service Availability. To access NET SERVICING's
Services, the Customer must have access to a high-speed internet
connection as well as one of the following: (i) a computer with speakers
and microphone; or (ii) a headset or (iii) SIP device. NET SERVICING will
not reimburse the Customer for any extra charges assessed by Customer's
internet provider as a result of using their services to access
NET SERVICING's Services.
- Opening an Account. In order to become a
NET SERVICING customer, the Customer must complete in full an application
form located on the Website (www.netservicingllc.com). As part of the
application, the Customer will be required to provide NET SERVICING with a
unique Username, and a password. NET SERVICING will then send the
Customer an electronic notification (in the form of an e-mail message),
containing a verification link to activate their NET SERVICING account.
- Credit References. NET SERVICING may refuse to provide services
to a Customer if the Customer's credit is not deemed satisfactory which
determination shall be made at NET SERVICING's sole discretion. NOTICE:
CUSTOMER EXPRESSLY AUTHORIZES NET SERVICING AND/OR THIRD-PARTIES
DESIGNATED BY NET SERVICING TO PERFORM A CREDIT CHECK AND / OR FRAUD SCORE
BASED UPON THE INFORMATION PROVIDED IN THE APPLICATION FORM WHEN
OPENING AN ACCOUNT AND THE ELECTRONIC SIGNATURE BELOW SHALL SERVE AS
WRITTEN CONFIRMATION OF THIS AUTHORIZATION. ALL INFORMATION PROVIDED BY
THE CUSTOMER SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE DISSEMINATED TO
ANY THIRD PARTIES EXCEPT TO THOSE THIRD-PARTY'S EXPRESSLY AUTHORIZED
HEREIN.
- Usernames/Passwords. THE CUSTOMER IS SOLELY RESPONSIBLE
FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD. THE
CUSTOMER EXPRESSLY AGREES TO BE LIABLE FOR ALL SERVICES CHARGED TO
THEIR ACCOUNT WHETHER OR NOT CUSTOMER HAS AUTHORIZED SUCH USE. AS
SUCH, NET SERVICING CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT
RESULT FROM THEFT OR FRAUDULENT USE OF THE CUSTOMERS ACCOUNT OR CREDIT
CARD INFORMATION. If a Customer suspects that their Account, Username
and/or Password is being used in an unauthorized manner, the Customer
shall be required to contact NET SERVICING within twenty-four (24) hours
of a Customer's suspicion or awareness that unauthorized use has
occurred on their Account so that the appropriate modifications can be
made to prevent any further unauthorized usage on that Account. ALL
ACCOUNT INFORMATION WILL BE SENT TO THE E-MAIL ADDRESS PROVIDED BY THE
CUSTOMER AT SIGN UP. Therefore, it is the Customer's responsibility to
provide NET SERVICING with a secure e-mail address as NET SERVICING will not
be responsible and shall be held harmless for any access to Customers
Account by any unauthorized persons.
- Payment. SERVICES PROVIDED UNDER SECTION 1a(ii);
(iii) and (iv) ARE PROVIDED ON A PRE-PAID BASIS ONLY. As a Customer uses
NET SERVICING's services, their Account will be debited accordingly. No
phone services will be provided if the Customer's Account does not have a
sufficient balance to cover the cost of the service requested.
Notwithstanding the foregoing, a Customer with an insufficient balance
to cover requested Pre-paid Services will still be able to utilize the
free call between NET SERVICING subscribers.
- Recharging Account. In the event a Customer wants
to use NET SERVICING's services in an amount, which exceeds the remaining
balance in their Account, they may access the Website and recharge (or
supplement) their Account by purchasing additional services. Customer
also has the option of setting their account in auto-re-charge position
with a predefined amount of automatic re-charge using the credit card
information maintained on file with NET SERVICING. The Customer will
receive an electronic confirmation/receipt from NET SERVICING of any such
re-charge.
- Rates. NET SERVICING's rates are listed on its
Website. You are responsible for checking all applicable
rates/promotions before making any call using NET SERVICING's services.
Please note that the rates for calls to certain numbers (e.g.,
mobile/special service numbers) may be higher than rates for calls to
other numbers within the same country. NET SERVICING reserves the right,
at its sole discretion, to modify these rates at any time and/or to
offer or discontinue special promotions. Rates are based on country code
and city code, not country name. While NET SERVICING endeavors to
maintain rates that are competitive in the market, NET SERVICING does not
guarantee that its rates will change in any predictable fashion. In
addition, should market conditions or factors outside of NET SERVICING
control raise its costs or wholesale rates to some or all service
destinations, NET SERVICING reserve the right to adjust its rates
accordingly.
- Rate Changes. NET SERVICING RESERVES THE RIGHT, AT
ITS SOLE DISCRETION, TO MODIFY ITS RATES, MONTHLY FEES, SURCHARGES, AS
WELL AS ANY OTHER FEES COLLECTED BY OR PAID TO NET SERVICING UNDER THE
TERMS OF THIS AGREEMENT. If a Customer chooses to terminate their
Account as a result of changes in NET SERVICING's prices, the Customer
must CANCEL their account no later than the twenty-sixth (26) day of the
month. You must then e-mail customer support or open a trouble ticket
to request a refund of any funds within your balance. If NET SERVICING
does not receive notification by the Customer by the twenty-sixth (26)
day of the month the Customer's account will be charged for the next
monthly billing cycle. Any unused balance in a Customers Account will
be credited back to the credit card on file with NET SERVICING in
accordance with NET SERVICING's Money Back Guarantee Policy.
- Monthly User Fee. If a Customer subscribed for a
rate plan or service with a monthly fee, this fee will be charged
regardless of whether a Customer uses their Account to make any
telephone calls, or uses the service in a given month.
- Email Notification. The Customer is responsible for
both maintaining a current and operational e-mail address and for
reading all e-mail notices from NET SERVICING. It is expressly understood
by you that e-mail notification will be the only manner by which
NET SERVICING will communicate with you regarding updates to its services
and information pertaining to your Account. You may also view
information regarding your Account by logging into your NET SERVICING
Account on the NET SERVICING website.
- Consent to e-Mail Communications. By entering into
this Agreement, you consent to both the receipt of electronic mail
("e-mail") from NET SERVICING and that e-mail communication shall be the
sole manner by which NET SERVICING shall contact Customer. In addition to
sending a Customer e-mail notifications as provided for above,
NET SERVICING may also send a Customer e-mails about services and products
the Company believes may be of interest to you. A Customer may opt-out
of future e-mails about products or services by contacting NET SERVICING
by opening a trouble ticket
or in writing. NET SERVICING reserves the right, however, to continue to
e-mail Customer important information relating to their Account, this
Agreement or other regulatory communications.
- Billing.
- When the service is activated, you must provide NET SERVICING
with a valid email address and a credit or debit card number from a card
issuer that we accept. NET SERVICING reserves the right to stop
accepting credit or debit cards from one or more issuers. If your
credit or debit card expires, you close your account, your billing
address changes, or your credit or debit card is cancelled and replaced
on account of loss or theft, you must advise NET SERVICING at once.
NET SERVICING will bill all charges, applicable taxes and surcharges
monthly in advance (except for usage-based charges, which will be billed
monthly in arrears, and any other charges which we decide to bill in
arrears) to your credit or debit card, including but not limited to:
- activation fees;
- monthly Service fees;
- international usage charges;
- advanced feature charges;
- equipment purchases;
- termination fees; and
- shipping and handling charges.
The amount of such fees and charges shall be published on
NET SERVICING's website and may change from time to time. Notification of
monthly statements will be sent to you via your email address on file
with NET SERVICING. We reserve the right to bill at more frequent
intervals if the amount you owe to us at any time exceeds $50.
- Billing Increments. Charges for telephone calls are
measured in whole minutes. Any usage charges will be billed in
increments that are rounded up to the nearest minute except as otherwise
set forth in the rate schedules found on our website. Timing on calls
begins when the call is answered by the called party. Timing terminates
on calls when the calling party hangs up or NET SERVICING's network
receives an "on -hook" signal from the terminating carrier. NET SERVICING
will not, and is not obligated to, provide refunds for any calls made
using its service.
- Billing Information. NET SERVICING does not send any
statements to its customers. Instead, the Customer is responsible to
view their statements using their secure USERNAME and PASSWORD to access
their billing information, which shall be available on NET SERVICING's
website for the current month and prior three (3) months only. This
information is available on the Website twenty-four (24) hours a day
seven (7) days a week. (For example, if a Customer reviews their
statement information in April, they will be able to see charges for
April as well as the preceding months of March, February, and January.
The customer is responsible for printing out their monthly statements,
and NET SERVICING will not provide monthly statements beyond what is
available online.
- Billing Disputes. A Customer must notify NET SERVICING by
e-mail or by opening a trouble ticket on the NET SERVICING website of
any disputed charges within thirty (30) days of the charge being posted
to their Account. NET SERVICING will attempt to resolve all disputes
within thirty (30) days of being notified of a dispute. To the extent
NET SERVICING determines, at its sole discretion, that a billing
adjustment is warranted, a Customers Account will be credited
accordingly. If a Customer fails to notify NET SERVICING of a billing
dispute as noted above, the Customer shall expressly waive all rights to
bring any claim against NET SERVICING regarding a disputed charge. This
Section does not waive Customers responsibility to notify NET SERVICING of
unauthorized use of its Account, Password or Username within the period
and by method set forth in Section Eleven B (11b) herein.
- Ownership of Account. NET SERVICING will not make any
adjustments to a Customer's Account information nor send the Username
or Password unless provided with both the first and last four (4) digits
of a Customers credit card number on file, the answer to the security
question chosen by Customer, and/or any other information NET SERVICING
deems necessary at its sole discretion. A Customer can request their
password be sent to them at any time via email by clicking the "Forgot
Password" link on the sign-in page. If you cannot provide this
information, NET SERVICING will close your Account and credit the balance
using the credit card information of file. You can always cancel your
Account by logging into the NET SERVICING website at www.netservicingllc.com.
- Expiration. A Customers account shall refresh
monthly until Cancelled with NET SERVICING in accordance with the terms
set forth in this Agreement. Notwithstanding the foregoing,
NET SERVICING, expressly reserves the right to cancel any account, in its
sole discretion, which has not been used and maintains a zero balance
for over ninety (90) consecutive days.
- Termination.
- Discontinuance of Service. NET SERVICING reserves the right to
suspend or discontinue the Service generally, or to terminate your
Service, at any time in our sole and absolute discretion. If we
discontinue the Service generally, or terminate your Service without a
stated reason, you will only be responsible for charges accrued through
the date of termination, including a pro-rated portion of the final
month's charges. If your Service is terminated on account of your
breach of any provision of this Agreement, you will be responsible for
the full month's charges to the end of the current term, including,
without limitation, unbilled charges, plus the termination fee, if
applicable, all of which will immediately become due and payable.
- Cancellation. A customer may discontinue NET SERVICING's
Free-Services or Pre-Paid Services at any time upon notice (either
electronic or written) to NET SERVICING. The Company will then shut down
all access to Customers Account. The unused balance will be credited
back to you are the Customers credit card in accordance with our Money
Back Guarantee Policy.
NET SERVICING reserves the right, at its sole discretion and for
any reason, to (a) terminate this Agreement and the Customers access to
its Service and/or (b) to refuse to allow the Customer to re-charge
their Pre-Paid Account. If fraud is suspected, NET SERVICING has the right
to put an account immediately on hold until investigation into the
fraud is completed.
- International Calls. Although the quality of
international telephone calls has improved greatly in recent years,
calls to certain countries outside the United States can be interrupted
as a result of service/network issues in those countries. NET SERVICING
will attempt to identify any such issues, with the cooperation of the
Customer. All necessary information must be provided including date,
time, origination number and destination number. However, NET SERVICING
WILL NOT REFUND ANY CHARGES FOR SUCH INTERRUPTED CALLS.
- Government Taxes. NET SERVICING reserves its right to
pass through to the Customer any new government taxes, fees or
surcharges that shall appear as an additional itemized charge on
Customer's Account.
- Agents. NET SERVICING does not authorize any
third-party agents or resellers to sell NET SERVICING services,
electronically or through phone cards, unless specifically authorized by
NET SERVICING. If contacted by an agent, a Customer is required to
contact NET SERVICING to confirm that the contacting agent is licensed and
authorized by NET SERVICING to provide these services. If a Customer
fails to confirm authorization of a third-party agent or reseller of
NET SERVICING, Customer cannot hold NET SERVICING liable and expressly
releases NET SERVICING from any representation made by an unauthorized
third-party agent or reseller.
- Access to Third-Party Vendors. NET SERVICING
Customers may also purchase various products and services from
third-party vendors by accessing those third-party vendors directly
through NET SERVICING's Website via click throughs or hyperlinks.
NET SERVICING is not responsible for the contents of any linked site, the
products/services offered through those sites, any link to other sites
contained in a linked site, or any changes or updates to such sites.
NET SERVICING provides these links to you only as a convenience, and the
inclusion of any link does not imply endorsement, guarantee or warranty
(either expressed or implied) by NET SERVICING of the site or the
products/services offered through that site.
- Customer Service. If a Customer has any questions,
concerns or complaints about the services, provided by NET SERVICING they
may contact NET SERVICING's Customer Service Department 24 hours a day, 7
days a week by opening a Trouble Ticket.
- No Third Party Beneficiaries. No provision of this
Agreement provides any person or entity not a party to this Agreement
with any remedy, claim, liability, reimbursement, or cause of action or
creates any other third party beneficiary rights.
- Limitation of Liability. NET SERVICING SHALL NOT BE
LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES
FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO
MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN
TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING
TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. NET SERVICING WILL
NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL,
INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR
REVENUES, EVEN IF NET SERVICING HAS BEEN SPECIFICALLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES IN ADDITION, NET SERVICING SHALL NOT BE
LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY
RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY
THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
- No Warranties. NET SERVICING DOES NOT MAKE ANY
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE
MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR
PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR
PURSUANT TO THIS AGREEMENT.
- Force Majeure. NET SERVICING shall not be liable for
its failure to perform its obligations under this Agreement if such
failure is the result of a force majeure, including but not limited to
acts of God, fire, strikes, explosions, power failure, earthquake,
flood, water, labor disputes, terrorism, failure of any satellite or
other connecting telecommunications facilities, or any other matter
beyond the reasonable control of NET SERVICING.
- Indemnity. Customer agrees to indemnify, defend and
hold NET SERVICING, its officers, directors, employees, agents,
shareholders, licensors, suppliers and any third party information
providers to the Website, from and against all claims, actions,
proceedings, expenses, damages and liabilities, including attorneys
fees, which are the result of, or are in any way related to, Customers
use of the Website, NET SERVICING's services, and/or your
transactions/communications with third-party vendors initiated via the
Website.
- Exclusive Jurisdiction and Venue. Any suit
involving any dispute or matter arising under this Agreement may only be
brought in the United States District Court, Eastern or Southern
Districts of New York located in the State of New York or the Supreme
Court of the State of New York, County of New York, which shall have
jurisdiction over the subject matter of the dispute or matter. Customer
hereby expressly consents to the exercise of personal jurisdiction by
any such court with respect to any such proceeding and waive any
objection to venue or inconvenient forum and to the waiver of any right
to bring, represent or join any class action of any kind in court or in
arbitration or seek to consolidate or bring previously consolidated
claims in Court. THE CUSTOMER FURTHER EXPRESSLY WAIVES ANY RIGHT OF ANY
RIGHT TO A JURY TRIAL, TO RAISE COUNTERCLAIMS OR TO ASSERT THE DEFENSE
OF SETOFF IN ANY CLAIM FILED BY NET SERVICING UNDER THE TERMS OF THIS
AGREEMENT.
- Trademarks. All corporate names, service marks,
logos, trade names, trademarks, websites and domain names of
NET SERVICING, including but not limited to "NET SERVICING" and
"netservicingllc.com" (collectively "Marks") are and shall remain the
exclusive property of NET SERVICING and nothing in this Agreement shall
grant Customer the license to use such Marks without the express
written permission of NET SERVICING.
- Assignment. NET SERVICING may assign its rights and
duties under this Agreement to any party at any time without notice to
the Customer. A Customer may not assign their rights and duties under
this Agreement without the express written permission of NET SERVICING,
and such permission and/or authorization shall be in the sole discretion
of NET SERVICING.
- Severability. If any provision of this Agreement is
held to be invalid, illegal or unenforceable, the remaining provision
will of this Agreement will continue in full force and effect.
- Integration - Entire Agreement. This Agreement,
together with any written amendments or written modifications, will
constitute the entire agreement between Customer and NET SERVICING with
respect to the services provided hereunder and will supersede and
replace all prior or contemporaneous understandings or agreements,
written, electronic or oral, between you and NET SERVICING.
- Governing Law. This Agreement, and all modifications/amendments thereto, shall be governed by the law of the State of New York.
- Waiver. NET SERVICING's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision hereof nor NET SERVICING right
to enforce a provision upon the Customer.
- Term. The term of this Agreement shall be from the inception of a Customers Account until termination.
- Privacy Policy. To learn about how NET SERVICING
protects the Customers personal information, refer to NET SERVICING's
Privacy Policy on the Website.
- Compliance with Laws. NET SERVICING shall comply with
all applicable federal, state and local laws and/or regulations
regarding the provision of the services provided for under this
Agreement.
- Use. Customer agrees to use NET SERVICING's service
in a lawful manner, which is consistent with the terms and conditions of
this Agreement and all applicable federal, state and local laws and/or
regulations. NET SERVICING reserves the right to immediately, and without
notice, terminate, or otherwise discontinue, a Customers Account in the
event it determines that a Customer has violated any such term,
condition, law and/or regulation.
- Content. You will be liable for any and all
liability that may arise out of the content transmitted by you or to any
person, whether authorized or unauthorized, using your Service or
Device (each such person, a "User"). You shall assure that your and
your User's use of the Service and content comply at all times with all
applicable laws, regulations and written and electronic instructions for
use. NET SERVICING reserves the right to terminate or suspend your
Services and remove you or your Users' content from the Service, if we
determine, in our sole and absolute discretion, that such use or content
does not conform with the requirements set forth in this Agreement or
interferes with our ability to provide Services to you or others.
NET SERVICING's action or inaction under this Section will not constitute
any review or approval of you or your Users' use or content.
- Legalility. NET SERVICING MAKES NO WARRANTIES OR
REPRESENTATIONS OF ANY KIND THAT THE SERVICES, TECHNOLOGY OR EQUIPMENT
BEING PROVIDED IS LEGAL OR ALLOWED IN YOUR HOME COUNTRY, OR THE COUNTRY
YOU ARE PLACING CALLS FROM. NET SERVICING IS NOT RESPONSIBLE FOR VERIFYING
LOCAL/NATIONAL LAWS AND IT IS UP TO YOU TO DETERMINE IF USING THE
NET SERVICING SERVICE IS LEGAL IN YOU COUNTRY/JURISDICTION. BY ACCPETING
SERVICE UNDER THE TERMS OF THIS AGREEMENT YOU ARE EXPRESSLY RELIEVING
NET SERVICING FROM ANY LIABILITY ARISING UNDER THE TERMS OF THIS
PROVISION.
- Modifications/Amendments. This Agreement may be
modified or amended by NET SERVICING at any time. Unless otherwise
provided, all such modifications or amendments shall be effective
immediately upon posting on the Website under Terms and Conditions.
Furthermore, you will be asked to verify acceptance of these terms when
you initially signup for your account. YOUR CONTINUED USE OF YOUR
ACCOUNT WILL BE CONCLUSIVELY DEEMED TO BE AN EXPRESS ACKNOWLEDGEMENT AND
ACCEPTANCE OF THIS AGREEMENT AND ANY MODIFICATIONS.
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