Please read this Terms of Service Agreement (these "Terms" or this "Agreement") carefully before using the www.Call.Net website (the "Site") or any mobile application, service, technology, software, or functionality belonging to, provided by, created by, or operated by Call.Net, LLC., its employees, directors, principals, executives, affiliates, or related entities ("Call.Net", "Company", "us", "our", and "we") (collectively, the "Service").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users, and others who wish to access or use the Service (each a "User" and collectively, "Users"). Your subscription to the Service and/or any portion of thereof, is governed by this Agreement.
By accessing or using the Service, you agree to be bound by this Agreement. If you disagree with any part of this Agreement, then you do not have permission to access or utilize the Service.
Certain features and functionalities of the Service may be subject to additional guidelines, terms, or rules, which may be posted on the Service from time to time. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
We reserve the right to add, change, modify, suspend, or discontinue any portion of the Service, in its sole discretion, at any time. Your use of the Service, including the availability of new services, shall be subject to this Agreement. We may impose limits on any portion of the Service or restrict your access to portions of or the entire Service in its sole discretion without notice or liability.
BY REGISTERING, SUBSCRIBING, OR SIGNING UP FOR CALL.NET’S SERVICE, YOU AGREE TO THE FOLLOWING TERMS OF SERVICE, WHICH CONSTITUTE A LEGALLY ENFORCEABLE AGREEMENT BETWEEN CALL.NET AND YOU, GOVERNING YOUR USE OF THE SERVICE.
THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS OF SERVICE THAT GOVERN YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU ARE ACCEPTING THIS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 16 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICE.
1. CALL.NET’S SERVICE
Call.Net will provides following Services:
- User will be provided the International calling services. For example: people can call their families, friends, colleagues living in abroad at lower rates. In addition, user may use the voice, chat features available on the app.
- User may purchase phone numbers (DID numbers) and associate with personal cell phone number. For example, if a User does not wish to show his/her personal mobile number, he/she can purchase a phone number and setup call forwarding for the purchased number to User’s personal number.
- Users may have an option to purchase 'call recording' service for recording the calls while in the conversation after possibly informing the person on the call that the call is being recorded.
- Telecom reseller i.e. operate as Mobile Virtual Network Operator. Call.Net provides Users the facility to use voice, text, and data services on network.
Call.Net is not a replacement for any phone lines, whether wired, wireless or Internet based. The Call.Net Service allows You to place outgoing calls but chosen numbers and services may not be reachable through the Call.Net Service and Call.Net does not assure every number available throughout the world can be reached from the Call.Net Service. In particular, the Call.Net Service does not support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind, which need to be performed from Your local phone service provider.
PLEASE NOTE THAT IN CASE OF NEED, CALL.NET MAY NOT SUPPORT YOU IN MAKING EMERGENCY CALLS. THESE CALLS SHOULD BE OPERATED FROM YOUR LOCAL PHONE SERVICE PROVIDER (FIXED OR MOBILE DEVICE).
Because Call.Net Service relies on Your third-party Internet service, any limitations in that service will also limit the way in which You can use the Call.Net Service.
2. RATES AND FEE TERMS
- Rates and Fees. During the term of this Agreement, for each month of Service, User agrees to pay Call.Net the charges and fees according to the pricing as laid out at the time of purchase on the Call.Net website or the Call.Net App or as agreed to in a quote executed by both Parties at the time of purchase. All semi annual or annual plans require payment in advance for the full term, and User of any plan may be eligible for a discount at the discretion of Call.Net.
- Payment Terms. Call.Net shall invoice User for monthly services commencing at the start of Service (unless User subscribes to a subscription plan. See 2.a.). User agrees to pay invoice without any deductions. All payments shall be made in US dollars or in the currency denomination requested or approved by Call.Net. All first time User orders require prepayment. All online purchases require payment by credit or debit card or a payment method approved by Call.Net. Invoices are delivered to User by email only. Invoices or Payment history may also be available through our Website or App. If You opt for automatic payments, You agree to pay the applicable charges.
- Billing Increments. Each call processed through the Service shall be billed in increments determined by Call.Net at a maximum of 60 second initial and 60 second successive increments unless mentioned differently on the applicable Call.Net rate schedule(s), as amended by Call.Net from time to time.
- Final Charges. Upon termination of Service, User shall agree to pay the full amount of the final month’s monthly recurring charges. User will also be charged a final instance of the monthly recurring charges for the canceled services.
- Late Fees: You agree to pay late fees at the rate determined by Call.Net, or the maximum lawful rate under applicable law, whichever is less. Call.Net may charge an administrative processing fee for late payments.
- Credit Card Charge-Back & Returned Payment Fees. Call.Net will charge User the fee paid by Call.Net to the banking institution plus any administrative charges for all credit card chargebacks as well as for returned checks or any other bank returned payment.
- Rate Adjustment Schedule. Call.Net reserves the right to adjust charges for and/or delete Service offerings to specific locations and may also inform the User.
- Taxes. In addition to all fees and charges due hereunder, User agrees to pay all use, excise, gross receipts, sales, withholding, VAT, and privileges taxes, and all duties, fees, surcharges or other taxes or similar governmental charges (other than general income or property tax), arising out of or related to the provision of the Services hereunder, whether the responsibility of or charged to Call.Net or to User (“Taxes”). Call.Net will invoice User for any Taxes which Call.Net is required to pay. User may provide Call.Net with a valid tax exemption certificate that exempts User, under applicable law, from taxes that would otherwise be due. In such case, Call.Net will not invoice User for such Taxes unless otherwise required to do so by a taxing authority.
- Compliance Fee. Charges as applicable by law may be included in the pricing structure is an administrative cost recovery fee for worldwide tax and regulatory compliance which may be applied to monthly subscriptions and to call traffic.
- Rollover. Any unused allotment of any Service such as minutes or messages do not carry over to the next or future billing cycle; unused allotments of any Service are forfeited. However, this is at the discretion of Call.Net and rollover conditions may change during any promotional periods.
Refund requests are accepted only under the following cases:
- Duplicate payment
- payments made by mistake after account cancellation
- Calling credits may be refunded only upon the request.
- A refund for calling credits cannot be requested once the account is canceled.
- Calling credit can be refunded only when there is no invoice pending for the payment.
- For the avoidance of doubt, no refunds shall be given for Services paid or credit acquired through vouchers, gift tokens or similar. Call.Net reserves the right to deny repetitive refund requests.
- Any payments older than 90 days are non-refundable.
- Call.Net reserves the right to make the final call on all refund requests.
4. SERVICE AVAILABILITY
- Service Guarantee. For example, if a User purchases Call.Net $10 credit to make international calls, then that credit amount will not expire atleast for 12 months. Under normal circumstances, purchased credit will remain under user’s account without expiration. If a User purchases subscription plan, then the subscription ends after the days or date indicated depending on the subscription plan.
- Call.Net will exercise reasonable efforts to provide the Call.Net Service with minimum disruptions. However, Call.Net cannot assure that the Service will always be available without disruptions, delay or other limitations. Since the Call.Net Service will be transmitted through public Internet and the public switched telephone network, there may be power outages or Internet service disruption and You may experience some disruptions e.g. packet loss and delay which will interfere with the quality of Your communications.
Call.Net may interrupt your Services at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance of the telecommunication equipment, facilities or network, keep pace with the latest demands and technological developments or to comply with any applicable laws, and this may result in temporary, suspension or interruption of the Services.
- Call.Net may limit placing calls over high cost routes or may not allow user to place calls, which can result in a loss to the Company and reserves the right to suspend any account where a fraudulent activity is suspected.
- Account Creation. In order to use the Service, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. Company may suspend or terminate your subscription and/or Account in accordance with this Agreement.
- Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Call.Net of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company is not and will not be liable for any loss or damage arising from your failure to safeguard and protect your login or security information, or any direct or indirect failure by you to otherwise comply with the above requirements.
6. ACCESS TO THE SERVICE
- License. Subject to the terms and conditions of this Agreement, the Company grants you a limited, nonexclusive, and nontransferable permission to the extent necessary and required to access, explore, and otherwise use this Service.
- Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to this Agreement. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
- Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
- Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by Company or Company’s suppliers as the case may be Neither this Agreement, nor your access to the Service, shall be deemed to transfer to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in this Agreement. Company and its suppliers reserve all rights not granted in this Agreement. No implied licenses are granted under this Agreement.
7. ABUSE POLICY.
- You agree to the following:
- User may use the Services only for lawful purposes and the Services may not be used in violation of any operating rule, policy, or guideline set by Call.Net. Dialer / robocalling is not allowed. Call.Net will cooperate with law enforcement if criminal activity is suspected. Call.Net may immediately suspend or terminate the Services if Call.Net reasonably believes such Service is used by User or any of its end users in a manner that (i) restricts or inhibits any person, whether a user of Call.Net or otherwise, in its use or enjoyment of Call.Net service or any other systems, services or products, or (ii) if Call.Net believes the Services are being used in an unlawful manner
- User (and User’s End-Users) must obey these terms of service on all Services provided, including but not limited to:
- International calling, Call Recording.
- Only Fair Usage is allowed.
- Fair Usage is defined as “normal” use. Normal usage does not include calling several numbers in a short period of time, repeated calls or conference calls in an unusual manner or any other irregular calling patterns.
- Any Service use exceeding the fair usage maximum will incur an overage charge as determined by Call.Net.
- Any overage charges incurred will be charged to the credit card on file at the end of the billing cycle.
- Calls Per Second. Unless Service is being used for Audio Conferencing access, if during any period an unusual pattern is detected, then Call.Net can with immediate effect and without advance notice, suspend User Service.
- Setup of Ported Numbers. User will not port a phone number to Call.Net unless the phone number has been lawfully obtained. For ported numbers, User represents and warrants that User has all power and authority and has procured all rights and licenses necessary to use and text enable those phone numbers utilized for the Services without the consent of any third party.
- Disallowed Content. User warrants that neither it nor its End-Users, if applicable, will order or port any phone number for the purposes of SPAM, abusive messaging, or in violation of applicable law and will not send, transmit or reply with any of the below disallowed content. Additionally, User acknowledges and agrees that Call.Net and its network operator providers reserve the right to block any and all of the following content:
- Payday Loans
- Short Term- High interest Loans
- Auto Loans
- Mortgage Loans
- Student Loans
- Debt Collection
- Work from Home Programs
- Risk Investment Opportunities
- Debt Consolidation
- Debt Reduction
- Credit Repair Programs
- Cannabis and Other Illegal Substances
- Fraud or Scam
- Deceptive Marketing
- Enforcement. Company reserves the right, but has no obligation, to investigate and/or take appropriate action against you in our sole discretion if you violate the Abuse Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include suspending or terminating your Account, and/or reporting you to law enforcement authorities.
- Feedback. If you provide Company with any feedback or suggestions regarding the Service ("Feedback"), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and nonproprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
8. CALL.NET PHONE NUMBERS
Provision of Call.Net Numbers is subject to applicable numbering rules and regulatory practices, which may change or be amended from time to time. Call.Net reserves the right to change the terms related to Call.Net Numbers accordingly, including without limitation to impose or amend local residency requirements and/or to require the provision of further user information for continued access to defined Call.Net numbers.
You may purchase and allocate Call.Net numbers to your Account subject to compliance with the allocation requirements displayed upon subscription to the Call.Net numbers. You are responsible for compliance with any requirements related to the residence and/or the location of Your Company.
Call.Net reserves the right to cancel the subscribed Call.Net numbers in case of breach by You, Your authorized users of the applicable terms of service, without compensation.
You may obtain and use Your personal and traffic data on the Call.Net numbers You are assigned to. You acknowledge and agree that You shall process (and shall ensure that Your authorized users shall process) such personal data in accordance with all applicable data protection laws. You represent and warrant to keep all such personal and traffic data confidential and use and protect it strictly in compliance with applicable data protection laws.
Under no circumstances shall You send (or allow Your authorized users to send) unsolicited commercial communications. You shall not (and You shall ensure that Your authorized users shall not) send or procure the sending of any communications, including email messages on behalf of, or purporting to originate on behalf of Call.Net.
You agree to indemnify and hold harmless Company and its officers, employees, and agents, including without limitation any costs or legal fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations, or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. THIRD-PARTY LINKS & ADS; OTHER USERS
- Third-Party Links & Ads. The Service may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, "ThirdParty Links & Ads"). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. To the extent that Company may provide access to Third-Party Links & Ads, Company provides access to such Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to any such Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any Third-Party Links & Ads, the applicable third party’s terms and policies apply to your use thereof, including such third party’s privacy, Terms, and data gathering practices. You are solely responsible for conducting the research and investigation that you deem necessary and appropriate prior to using such Third-Party Links & Ads and prior to proceeding with any transaction in connection with such Third-Party Links & Ads
- Other Users. Each User of the Service is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content whether created, provided, posted, linked, or otherwise made available by you or any other User, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users of the Service are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User of the Service, we are not involved and are under no obligation to become involved in the resolution, settlement, or adjudication thereof.
- Release. You hereby release and forever discharge the Company from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature including without limitation of personal injuries, death, and property damage, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service including without limitation any interactions with, or act or omission of, other users of the Service or any Third-Party Links & Ads.
11. NO WAIVER
The failure of either party at any time, or from time to time, to require performance of any obligation under this Agreement shall in no manner affect the right of either party to enforce any provision of this Agreement at a subsequent time and shall not be construed as a waiver of any subsequent breach of that same provision.
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THERE FROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. SUSPENSION OF SERVICE.
Call.Net reserves the right to proactively suspend all or a portion of Service: (i) immediately, if User, in breach of this Agreement, engages in activities that, in Call.Net’s sole discretion (acting reasonably), may disrupt or damage Call.Net’s network or facilities or Services; (ii) immediately, if Call.Net detects any fraudulent use of the Services and/or robo-dialer traffic is detected, whether directly or indirectly; (iii) upon 24 hours’ notice to User, if User’s account is inactive (passes no billable calls for consecutive days determined by Call.Net (in Call.Net’s sole discretion; (iv) upon 24 hours’ notice to User, if Call.Net requests identifying or other documentation from User for legal or regulatory purposes and User fails to provide appropriate documentation within a reasonable time (in Call.Net’s sole discretion); or (v) upon 24 hours’ notice to User, in the event of late payment by User. Call.Net will not be required to resume service until User is current in all payments, including late fees and penalties, and has provided to Call.Net such additional assurance of User’s ability to pay for Service, including a fee for reinstating Service, as Call.Net may require in its sole discretion. If User fails to make such payment or rectify any of the conditions that caused the suspension within a reasonable period of time in Call.Net’s sole determination, Call.Net may cancel this Agreement with the same effect as if User had requested. In addition, depending on the circumstance, Call.Net may choose not to provide notice to the user as deemed necessary.
15. TERMINATION AND CANCELLATION
You understand and agree that we may stop offering the Service at any time. We may cancel your Account, delete all of your registration information and User Content you have provided to us at any time, without notice, for any reason or no reason including, without limitation, your violation of this Agreement. The license granted hereunder shall commence on the purchase date of the Service by User and shall expire at the end of the period for which the Service is purchased. You may cancel your Account at any time and cancellation may take effect immediately. The terms of this Agreement will automatically renew on every new calendar month. If User chooses to cancel Service at any time prior to the end of a given term, User is still responsible for the unpaid charges and/or fees billed at the end of such month, all of which becomes immediately due and payable.
- Changes. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this Agreement may become effective immediately as deemed necessary or will be effective upon the earlier of thirty calendar days following our dispatch of an email notice to you (if applicable) or thirty calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms of Service of such changes.
- Governing Law and Jurisdiction. This Terms of Service shall be governed by the laws of state of Washington, USA. The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of Washington, USA.
- Electronic Communications. The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hard copy writing. The foregoing does not affect your non-waivable rights.
- Third Party Rights. The provisions contained herein pertaining to disclaimers, exclusion of warranty, limitation of liability, and indemnification are for the benefit of Call.Net and its officers, directors, employees, agents, representatives, affiliates, third party providers, and partners. Each of these parties shall have privity of contract with respect to such terms to the extent necessary to assert and enforce these provisions directly against you on its own behalf.
- Entire Terms. This Agreement constitutes the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. For the avoidance of doubt, the relationship between any User and Company is that of an independent contractor, and neither party is an agent or partner of the other. The relationship between Call.Net and each User will be that of independent contractor, and neither of us nor any of our respective officers, agents or employees will be deemed, held, or construed to be partners, joint venturers, fiduciaries, employees, or agents of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign this Agreement. The Terms of Service set forth in this Agreement shall be binding upon assignees.
- Headings. The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect the Terms of Service herein, nor shall they limit, influence, or otherwise affect the interpretation of the Terms of Service contained herein.
- Severability. The Terms of Service contained herein shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- Copyright/Trademark Information. Copyright Call.Net, LLC All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- Contact Information: