This Agreement is between PAYG LLC d/b/a SkySwitch. (the “Provider”) and you (the “Subscriber”) for the provision of VoIP communications services over the Internet. These Terms and Conditions shall apply to and control your use of the underlying VoIP service as well as this Website (“Website” or “Site”) and any information, software, function, graphics, artwork and any other material contained herein or any other products and services provided here from (collectively referred to as the “Content”).
YOU HEREBY WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU ARE NOT AT LEAST 18 YEARS OF AGE, YOU MAY NOT USE THIS WEBSITE.
By accessing and/or using this Website and/or the Content, Subscriber agrees to abide by and be bound to these Terms and Conditions and any changes thereto. If you do not agree to or cannot comply with any of these Terms and Conditions, immediately cease any use of this Website and its Content.
These Terms and Conditions may be changed or modified from time to time without notice to you. You should review these Terms and Conditions each time you use this Site and/or its Content to make sure you agree and can comply with the same. Your use of this Site, and/or the Content, after changes have been made to these Terms and Conditions, shall be conclusive evidence that you thereby agree to accept, be bound to and comply with such changes. No waiver or amendment to this agreement or these terms and conditions shall be binding on Provider unless made in writing expressly stating that it is such a waiver or amendment and signed by an authorized representative of Provider.
Subscriber will pay for all services in advance including, but not limited to non-recurring charges, monthly recurring charges, toll charges and any other applicable charges. Subscriber authorizes Provider to charge the then current credit card account number given by the Subscriber (“Credit Card”) for all charges accrued for the duration of the Term. If any charges are due but unpaid for any reason Provider may terminate the Services and all accrued charges are immediately due plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by Provider. No termination of the Services or of this Agreement shall relieve Subscriber from paying any amounts due hereunder.
REFUNDS AND CANCELLATION POLICY
If Subscriber is dissatisfied with the service provided then Subscriber shall have the right to cancel and receive a refund of the credit balance in Subscriber’s account under the following conditions: 1. Subscriber must request the refund within five (5) days of payment transaction. 2. Subscriber must send an email to email@example.com and include the reason for the request. 3. Provider will make refund not later than thirty (30) days from the date the request is received. In cases where payment was made by credit card or debit card, Provider shall be deemed to have fulfilled its obligation with respect to refunds if it makes a request to credit card processor or payment gateway operator. Provider is not responsible for any delay that is caused by credit card processors or other financial intermediaries.
MONTHLY RECURRING CHARGES
All monthly recurring charges (MRC) will be charged in advance for the month of service. Services which are subject to an MRC may be cancelled at any time. In the event that you cancel any service for which an MRC applies, the discontinuation will become effective on the next monthly billing date.
CALL TERMINATION CHARGES
Every outbound call using the Services that connects is subject to the then applicable charges. All rates are determined on a per country and/or city specific basis and all rates are as set forth on the Provider’s web site and from the View Rates tab within the Customer Portal. In cases where one or more rate tables are provided to Subscriber, each rate table shall have a unique dialing prefix. Use by Subscriber of any such prefix shall signify assent to the rates associated with the prefix. Charging Increments -Unless otherwise specified, rates are displayed for full minutes and calls are billed in six (6) second increments after the initial minimum thirty (30) second call duration, with the exception of calls to Mexico which are charged in sixty (60) second increments with minimum call duration of sixty (60) seconds. U.S. Termination -Unless otherwise agreed to in writing, calls to the United States are charged in six (6) second increments. Ported Numbers – Any call completed to a U.S. Destination number which has been ported shall be charged according to the LRN (Location Routing Number) of the central office to which the number has been ported. In such cases, both the dialed number and the LRN shall be available in the CDRs. Intra-State Calls – Any call, where the ANI and DNIS are within the NANP and belong to the same state within the United States, shall be rated as an Intra-State call subject to the rates then in effect for such calls. Indeterminate Jurisdictional Calls -For the purpose of determining each call’s jurisdiction, the originating, i.e., calling party number, originating ANI, etc. and the terminating, i.e., called party number, terminating ANI, etc. information present in the call stream will be evaluated. If calls presented are: a) without valid 10-digit USA originating ANI as set forth in the LERG at the time of the call, or b) with a 10-digit originating ANI with NPAs of 976, 911, 900, 888, 877, 866, 800 & 700, the calls will be treated as being of “Indeterminate Jurisdiction,” and such calls will be rated as Intra-State.
CALL ORIGINATION CHARGES
Every inbound (DID) call using the Services that connects is subject to the then applicable charges. Charges are applied per-minute based on the Tier of the DID number dialed regardless of where the originator is located and/or the Caller ID number associated with the caller. Charging Increments -Unless otherwise specified, rates are displayed for full minutes and calls are billed in one (1) second increments.
Provider reserves the right to make changes to the Rates, provided that it inform Subscriber not less than 30 days in advance of the date on which the Change of Rates is to take effect (“Change Date”). Subscriber can, within 30 days of Provider’s notification, send notice to Provider that the Subscriber does not accept the Change of Rates, and can terminate this Agreement. In such event, Subscriber will be responsible for any sums due hereunder. If the Subscriber does not send Provider notification of its desire to terminate this Agreement or uses the Services after the Change Date, the Subscriber is deemed to have accepted and consented to the Change of Rates. The 30 day notice required for a Change of Rates shall in no way limit Provider’s rights under this agreement to change other terms and conditions without notice to Subscriber.
LOCAL NUMBER PORTABILITY
You may request that telephone numbers be ported to PROVIDER by submitting a completed LOA (Letter of Agency) and a current bill copy (less than thirty days old) from your current service provider. No port shall be accepted or submitted without this information. Pricing for porting DIDs to PROVIDER is $ 5 Per Number. Standard porting time is ten (10) to forty-five (45) days. You should specify the desired port date in the appropriate section of the LOA. PROVIDER will attempt to honor this date and will let you know the actual port date. Once the LOA and bill copy are received by PROVIDER, PROVIDER shall initiate the port request and shall obtain a FOC (Firm Order Commitment) date. You will be provided with a FOC (Firm Order Commitment) date informing you when numbers are scheduled to be ported to PROVIDER. The fees for cancelling or changing a port of a DID to PROVIDER are determined by how soon before or after the FOC date a port is cancelled. Fees for cancelling a port are as follows:
|Port Cancellation/Change Fee – Per DID with Cancellation Occurring 48 Hours or More before Scheduled port FOC Date||
|Port Cancellation/Change Fee – Per DID with Cancellation Occurring 6 Hours before or at anytime after Scheduled port FOC Date||
|Port Cancellation/Change Fee – Per DID/toll free With Cancellation Occurring 7 Hours or Less before FOC Date or Within 24 hours after a Scheduled port has successfully occurred (as in a customer requested “Snap Back” to the original carrier)||
PROVIDER shall assign the appropriate cancellation fees (as displayed above) to your payment account for any port cancellation that you request.
AVAILABILITY OF 911/EMERGENCY DIALING SERVICES
In compliance with the Federal Communications Commission (FCC) WC Docket No. 05-196, PROVIDER hereby advises all customers that enhanced E911/911 calling services are available at this time, but may not be available in all service areas and may/or may not function the same as traditional 911 Services.
911 SERVICEABLE AREAS – Presently, PROVIDER offers E911/911 Services via underlying third party providers. 911 Services are available only within the Continental United States and Canada. PROVIDER routes 911 calls originating in the United States via 10-digit routing to PSAPs (Public Safety Answering Points) as well as via Selective Routers (where available). Selective Routers automatically recognize where a call is originating from based on the CLID (Caller ID) information and deliver the call to the most appropriate local PSAP. Presently, most 911 calls are routed via Selective Routers to the 911 Trunks of the PSAPS (where available). Services are not available in countries other than the Continental U.S. and Canada.
REGISTERED LOCATION AND E911/User Management Portal and 911 UPDATES –PROVIDER must have a 911 Registered Location Address on file for your phone number(s) in order to provide test or actual VOIP Services and/or 911 Emergency Calling Services to callers. At the time a telephone number is provisioned, PROVIDER will register the number in the 911 database, provided that you have supplied a valid E911 Order Form. The Registered Location for the caller’s account is obtained from Registered Location information that you provide on the E911 Order Form. The Registered Location Information is then tied to the E911 CID field (911 Caller ID) that you configure in the Domain Manager Portal.
IMPORTANT: You understand that E911 Calls are routed to PSAPS based on the E911 field associated with a specific domain within your SNAPstart number. The number you enter here must match the number indicated in the E911 Service Order form. If you change the number that you use for 911 calling in the Domain Manager Portal, your 911 Services may not be available to you and/or may operate differently than normal. If you change the phone number that you use for 911 calling in the Domain Manager Portal, you must register the new E911 CLID number and its associated address with PROVIDER in order to enable 911 capabilities for the number. Failure to do so may result in 911 services not being available to you when using an unregistered phone number. If the 911 call does not complete, it will be automatically routed to a National Emergency Call Center and the caller will be asked to verify their number and provide their physical location to the operator. There is a $150.00 charge for each 911 call placed from an unregistered phone number on the PROVIDER network. To register additional numbers or to manage your 911 Registered Location, please contact PROVIDER at 863-583-0260 or toll-free at 866-464-9638.
NOTE: If the information that you supply for the caller’s Registered Location is incorrect or incomplete, Services may not be available to the caller. For help with problems updating your E911/911 Registered Location Information please contact PROVIDER at: Customer Service – 866-464-9638 or 863.583.0266 during normal business hours (MONDAY – FRIDAY 8:00am TO 6:00pm ET); Email (SUPPORT@MIXNETWORKS.COM) during normal business hours.
ROUTING OF E911/911 CALLS – E911/911Calls are routed based on the E911 number you enter in the SNAPstart Domain Manager portal. If you change the number that you use for 911 Calling purposes and fail to register the number for 911 via the Domain Manager Portal, your phone number(s) will not be recognized when placing an E911/911 call, resulting in the call failing or being sent to a National Emergency Call Center Operator, who will require the caller to supply your current address information. Calls from all non-registered numbers will result in a charge of $150.00 per call.
PSAP LIMITATIONS AND THE HANDLING OF E911/911 CALLS – Presently, PROVIDER routes E911/911 calls from Registered DIDs to Emergency Services Operators at the various PSAPs (Public Safety Answering Points). You understand that occasionally there may be instances where the limitations of the PSAPs determine the level of E911/911 services that are provided. For instance, E911/911 PSAP operators may or may not be able to access the ALI Database in order to automatically retrieve information pertaining to a registered DID, such as caller name and address, and so in such instances, you may be required to verbally provide this information to the PSAP operator at the time the call is placed. For this reason, PROVIDER can make no guarantees about the consistency of the E911/911 services, with regard to PSAP operators being able to automatically retrieve and view caller information.
INSTANCES WHERE E911/911 SERVICES MAY NOT BE AVAILABLE – You understand that while the PROVIDER-provided VOIP service closely approximates traditional 911 services, there may be instances in which the E911/911 Services may function differently from traditional 911 services, or may not be available. Additionally, there may be circumstances in which the E911/911 Services may be delayed or may not be available to you. Such circumstances may include, but are in no way limited to the following:
- Electrical Power Outage and/or Broadband Internet Service Provider (ISP) outage or unavailability;
- Suspension or Termination of Customer’s account(s) or VOIP service(s);
- Relocation of Customer’s VOIP IAD(s) to an address other than the one given at activation, without updating the E911 Registered Address Location with PROVIDER;
- Unsuitable broadband internet connection such as satellite internet; Malfunction, Failure, and/or Improper Configuration of Subscribers’ VOIP IAD(s) and/or using an unapproved or unsupported VOIP or IAD IAD(s);
- Deficits or limitations of the PSAP, National Emergency Call Center, Emergency Services Operators or Personnel systems and/or equipment;
- Unforeseen congestion on the PROVIDER VOIP network or network design factors which delay or prohibit Services;
- Incorrect Customer-supplied Registered Location Information;
- Customer or User tampering with the VOIP IAD(s), producing changes which prohibit utilization of the E911/911 services;
- E911 location updates to the PROVIDER database will generally be available within forty-eight (48) hours or less. However, PROVIDER cannot guarantee that this will always be the case, especially if the E911/911 Registered Location Address update provided by customer is lacking and/or incongruent with the parameters of the PROVIDER customer portal/database and subsequently produces a rejection of the Registered Location Address update;
- Any other unspecified circumstances which affect the use of the E911/911 services.
ALTERNATIVE 911 OR EMERGENCY DIALING ARRANGEMENTS – You acknowledge that PROVIDER does not offer alternate primary line or lifeline services. It is strongly recommended that you always have an alternative means of accessing traditional 911 or Emergency Dialing Services.
The functionality of this web site and all other Web sites associated with this service (the “Website”) is made possible through a variety services provided by third parties, which may include parties providing information and website administration (collectively the “Third Party Providers”). That fact that Provider may use Third Party Providers does in no way create any agency, employment, joint venture, partnership, representation or fiduciary relationship between such Third Parties and Provider, and neither Provider nor such Third Party Providers shall have the authority to create any obligation on behalf of the other.
The Content provided on this Website has been compiled from a variety of sources and may contain out of date information, technical or other mistakes, inaccuracies or typographical errors. Provider makes no guarantees or warranties to the contrary. Provider and the Third Party Providers assume no obligation or liability to correct or update the same. It is your responsibility to verify any information presented to you before relying on it. The Content within this Website is provided for general informational purposes only and should not be regarded as professional advice or an official opinion. You are should seek professional advice before taking any course of action related to the information, Content and ideas herein. This Site may contain Hyperlinks to third party websites (“Third Party Sites”). The placement of such hyperlinks on this Website shall in no event be construed as an endorsement or support by Provider, or any Third Party Provider, of the content, products and/or services of such Third Party Sites. Provider does not editorially control the content, products and/or services on Third Party Sites, and it and the Third Party Providers shall not be liable, in any manner whatsoever, for the access to, inability to access, the use of, the inability to use or the content available on or through Third Party Sites. The Content herein may change or be superseded from time to time as result of subsequent market events regulatory changes or other reasons. You are responsible for reviewing the information and Content on this Site from time to time to be aware of such changes.
PROPRIETARY AND INTELLECTUAL CONTENT
The Content of this Website (including but not limited to software, tools, information graphics, videos, and marks) is proprietary in nature, and may be owned by Provider, its affiliates and/or a Third Party Provider. All title and intellectual property rights in and to the Content which may be viewed or accessed through this Website is and shall remain the property of the respective Content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Nothing contained herein shall be construed as granting a license under any copyright, trademark, patent or other intellectual property right.
Provider reserves the right to block or limit service based on our determination of potential fraud. In the event that such a determination is made with respect to Subscriber, then Provider shall inform Subscriber of such blockage or limitation as soon as practical, and shall further inform Subscriber of the steps needed to reinstitute service. Subscriber agrees to comply with all such requests to the best of its ability.
Provider provides Subscriber technical support at its sole discretion and as limited to the Services provided hereunder. Technical support is rendered from Provider’s premises, as available via email: firstname.lastname@example.org. Support for other applications and uses is not provided or implied. Other support emails are as follows: General Inquiries: email@example.com Billing: firstname.lastname@example.org
ADDITIONAL TERMS AND CONDITIONS
When using certain Content accessible or provided through this Website, you may be subject to additional posted guidelines, terms, conditions, rules or notices, which are applicable to the same, and which are not set forth herein. You hereby agree to be bound by such terms and conditions as they relate to your access to or use of such Content.
USE OF WEB SITE, SERVICES AND CONTENT
This Website and its Content and the products and services provided thereon are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations. Further, you may not print, copy, upload, post, publish, modify, display, transfer, resell, reproduce, republish, or distribute this Website or the Content in any way (whether electronically or otherwise), or create other works based on the same, unless expressly authorized by these Terms and Conditions, the provisions on this Website, or otherwise permitted by Provider writing.
You are expressly prohibited from taking any action, or using this Website, and the Content in a manner, (a) that is deemed to interfere with, disrupt, or present a risk to the network, software, property, or security of Provider, its affiliates, its customers, or the Third Party Providers, whether directly or indirectly, or (b) that violates any laws or regulations, or the policies of Provider or a Third Party Provider. If it is determined that you are using this Website or the Content in a manner that violates or is contrary to this Section, Provider, as well as any affected Third Party Provider, shall have the right, without liability or notice, to suspend or terminate your access or use of the Website and/or the Content,
or any part thereof. You shall be responsible for any liabilities arising from your use of this Website or the Content that is contrary to, or violates this Section, and you hereby agree to indemnify and hold Provider, its affiliates and the Third Party Providers harmless from and against any and all claims, damages, charges, fees, expenses, penalties, or other costs (including without limitation reasonable attorney’s fees) that arise there from. If Provider or its Third Party Providers, in their sole discretion, believe that you have violated any laws or regulations, either party may forward personally identifiable information to the appropriate authorities for investigation and prosecution.
You, at your cost, shall be solely responsible for obtaining and maintaining all hardware, software and communications equipment, and any updates thereto, that are required to access this Website and the Content.
Some areas of this Website may require you to provide personal information or register for Services. In any such event, you agree to (a) provide accurate, current and complete information as requested during the registration; and (b) maintain and update your information to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, your rights to use this Site or the Content may be terminated. In no event shall Provider or any Third Party Provider be obligated to confirm the accuracy or correctness of the information you provide, and neither shall have any liability relative to the same.
ACCOUNT NUMBERS, USER IDS AND PASSWORDS
All Passwords and User IDs that you select in conjunction with your use of, and access to this Website or the Content must meet the then current policies and guidelines of Provider, as amended form time to time. In addition to any restrictions found within said policies, Provider shall not permit the selection and use of any Password or User ID that it believes, in its sole discretion, to be illegal, to be protected by trademark or other proprietary rights or laws, to be vulgar, to be in violation of any privacy rights, or which is otherwise offensive, or may cause confusion. You acknowledge that the purpose of creating a Password and User ID unique to you is to prevent the unauthorized access of your personal or proprietary information. As such, you should, at all times, keep your account number(s), User ID and/or Password confidential and not disclose them to anyone else. Provider and the Third Party Providers shall not be liable for any unauthorized disclosure of or access to your personal propriety information, or from unauthorized access to, or use of this Website or the Content if you fail to maintain the confidentiality of your account number, User ID or Password, whether voluntary or involuntary. You shall be solely responsibility to notify Provider of any unauthorized use of your account number(s), User ID, or password or any other breach of security.
ALL INFORMATION AND CONTENT, THAT ARE CONTAINED, OR PROVIDED ON, OR ACCESSIBLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. PROVIDER MAKES NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. PROVIDER DOES NOT WARRANT THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR MATERIALS CONTAINED ON, PROVIDED THROUGH THIS WEBSITE, OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THE ABOVE DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
AS A CONDITION OF PROVIDER PROVIDING THIS WEBSITE AND ITS CONTENT, YOU AGREE THAT PROVIDER AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY, OF ANY NATURE INCURRED, BY YOU AND/OR ANY THIRD PARTY RESULTING FROM: (A) THE USE OF, ACCESS TO, INABILITY TO ACCESS THE WEBSITE, THE CONTENT OFFERED ON THES SITE, AND/OR THE INTERNET GENERALLY; OR (B) ANY ACT OR OMISSION OF ANY THIRD PARTY. IN ADDITION AND NOT TO LIMIT THE FOREGOING, PROVIDER AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES OR COST OF PURCHASING REPLACEMENT SERVICES) ARISING OUT OF OR RELATING TO THIS WEBSITE AND/OR THE CONTENT. IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF PROVIDER ARISING WITH RESPECT TO THIS WEBSITE AND ITS CONTENT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM. NO CAUSE OF ACTION UNDER ANY THEORY WHICH ACCRUED MORE THAN ONE (1) YEAR PRIOR TO THE INSTITUTION OF A LEGAL PROCEEDING MAY BE ASSERTED HEREUNDER OR OTHERWISE.
IN THE EVENT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIABILITIES AND WARRANTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
IN ADDITION TO ANY OTHER INDEMNIFICATION PROVISIONS HEREIN, YOU AGREE TO INDEMNIFY AND HOLD PROVIDER, THE THIRD PARTY PROVIDER, AND THE PARENT COMPANIES, SISTER COMPANIES, EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS AND SHAREHOLDERS OF THE SAME, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, JUDGMENTS, DAMAGES AND EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS OF LITIGATION, INCURRED OR SUFFERED BY SUCH PARTY RELATING TO YOUR ACTS OR OMISSIONS, USE OF THIS WEBSITE AND ITS CONTENT, AND/OR BREACH OF THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ASSERTED BY ANY THIRD PARTY. PROVIDER SHALL PROMPTLY NOTIFY YOU IN WRITING OF ANY CLAIM FOR WHICH IT IS OBLIGATED UNDER THIS INDEMNITY AND FOR WHICH PROVIDER MAY SEEK INDEMNIFICATION.
Provider may seek any available legal remedy or take any reasonable business steps to prevent the unauthorized use of, or access to this Website and the Content, and to prevent access to users who violate these Terms and Conditions. You agree that Provider and/or the Third Party Providers would be irreparably harmed if you breach this provision and that monetary damages would be inadequate to remedy such breach. Accordingly, you also agree that specific and injunctive or other equitable relief is the appropriate remedy for such a breach.
Failure by Provider to insist upon strict performance of any terms or conditions of these Terms of Service or failure or delay to exercise any rights or remedies provided herein or by law shall not release you from any of the obligations hereunder, and shall not be deemed a waiver of any right to insist upon strict performance thereof or any rights and remedies herein.
Provider assumes no risk of any event, foreseeable or unforeseeable, and beyond its reasonable control, that has a material effect upon the agreed exchange contemplated herein.
The provisions of these Terms and Conditions that, by their purpose, are intended to survive the termination of the exchange contemplated herein shall so survive. Said provisions shall include, but shall not be limited to, those provisions that include indemnification clauses, limitations on liability, warranty disclaimers.
If any terms herein are illegal or unenforceable at law or in equity, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Except as otherwise provided herein, any illegal or unenforceable term shall be deemed to be void and of no force and effect, except to the minimum extent necessary to bring such term within the provisions of applicable law, and such term, as so modified, and the balance of these Terms of Service shall then be fully enforceable.
GOVERNING LAW AND VENUE
Use of this Website and the Content shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to conflict of law principles. You agree that all legal proceedings, whether at law or in equity, related to this Website and/or the Content shall be filed in and adjudicated solely in the state or Federal courts located in Florida. You further consent and submit to the exclusive personal jurisdiction and venue of such courts for the purpose of litigating any hereunder.
Provider communicates with Subscribers primarily via email. Notices to Subscriber shall be sent to the email address specified by the Subscriber at the time of registration for the Services or as subsequently specified by the Subscriber (“Email Address”). Subscriber is responsible for notifying Provider of any Email Address changes. Subscriber agrees that sending a message to the Email Address is the agreed upon means of providing notification. The Email Address is used to communicate important information about the Services, billing, rate changes and other information. The information is time-sensitive in nature. It is required that the Subscriber read any email sent to the Email Address in a timely manner in order to avoid any potential interruptions in the Services or rate changes provided hereunder.