YEB COMMUNICATIONS VOIP SERVICE
Thank you for selecting YebCom as your Voice-Over-Internet Protocol (“VOIP”) service provider. You may select one of the VOIP Service Plans by clicking where indicated on the sign-up page. Once You have selected a Service Plan, You may activate your Service by clicking “accept” and initialing where indicated on the sign-up page. However, before You do so, there are a few important things to understand about the Service and, in particular, about its 911 emergency calling limitations as compared to traditional 911 emergency service. It is also very important that You carefully review and understand this Agreement. By indicating your acceptance on the sign-up page, You represent that You are of legal age and agree to be bound by the rates, terms and conditions of this Service and this Agreement. If You have questions, please call Us at 1-866-6YEBCOM or send e-mail to email@example.com.
This Agreement is between Yeb Communications, LLC ("YebCom"), a limited liability company (“We”, “Us”, “Our” or “YebCom”) and the person signing below (“You”, “Subscriber” or “Customer”) for your use of the YebCom VOIP Services (“Service”) (“Agreement”). The term “User” means You or any other person using the Service under your account and You are responsible for your and all other Users’ use of the Services.
Emergency Calling – 911 Dialing With traditional Enhanced 911 (“E911”) emergency Service, when You dial “911”, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have immediate access to your telephone and address, thus permitting them to respond to your emergency call or to call You back if necessary. With YebCom’s Service, if You are located in an area where the emergency center does not support E911 emergency Service (i.e., is not capable of simultaneously receiving your telephone number and address), You have basic 911 emergency Service. YebCom partners with one of the nation’s leading 911 underlying service providers in order to assist You in case of an emergency. YebCom depends upon its E911 and basic 911 underlying service provider to assist YebCom in supporting your emergency calls. Most of YebCom’s Service areas support E911 emergency calls. YebCom will automatically upgrade its customers that have basic 911 emergency Service to E911 emergency Service once its underlying service provider upgrades its connections to the emergency call centers. If You have basic 911 emergency Service, the local emergency operator will not have immediate access to your call back number or to your exact location when receiving your emergency call. Accordingly, You must be prepared to give the basic 911 emergency operator this information. Until and unless You do so, the basic 911 emergency operator may not be able to call You back or dispatch assistance if the call is disconnected or if You are unable to verbally communicate that information. We will not give You notice of the upgrade, however You can verify your type of 911 emergency Service by logging into your account online. YebCom’s Service is only available in areas where 911 emergency Services can be provided to You at your registered physical location that was approved by Us when You either signed up for Service or when You updated your registered physical location information with Us.
Acknowledgement. You understand and acknowledge that YebCom’s 911 emergency Service has certain limitations and works differently when compared to traditional 911 emergency service. YebCom’s 911 emergency Service limitations and the way YebCom deploys its 911 emergency Service may make YebCom unsuitable to some users. You should carefully evaluate YebCom’s 911 emergency Service limitations when deciding to activate YebCom’s Service. You agree and acknowledge that it is your responsibility to select a 911 emergency service provider best suited to meet your emergency calling needs, and to make the necessary arrangements for accessing emergency calling services, such as maintaining a traditional phone line or cellular (mobile) phone as a backup means for your emergency calls. By entering into this Agreement, You will be presumed to have assumed the risk of losing 911 emergency dialing capabilities and agree to provide your telephone number and other identifying information to 911 emergency authorities as YebCom deems necessary (in its sole opinion and discretion) in case of an emergency.
Limitations of Emergency Calling – 911 Dialing YebCom depends upon certain third parties to provide 911 emergency Service and is thus subject to their network implementation and deployment schedules. Consequently, E911 emergency Service may be limited or unavailable in certain geographic areas until these third parties have completed this implementation and deployment. When You sign-up for the Service, We will advise You of the kind of 911 emergency Service, E911 or basic 911, that will be available with your Service. In addition, You may view your account information on Our Website, which specifies the kind of 911 emergency Service You have. When there is a problem validating a customer’s information and/or address or customer is identified with an international location, your 911 emergency call will be sent to the national emergency call center. In addition, emergency personnel will not receive your telephone number or know your physical location when your 911 emergency call is routed to the national emergency call center. Routing to a national emergency call center could substantially delay the response of emergency service providers or could result in no emergency service being provided to You at all.
YebCom’s 911 and E911 Emergency Service may also be Limited or Unavailable in the Following Circumstances:
If your Digital Subscriber Line (“DSL”), cable modem, or other broadband access connections are disconnected, suspended, or interrupted for any reason, including electric power failures;
If You relocate or move the YebCom Adapter to a location other than the one that You registered with Us or if You otherwise disconnect or modify the YebCom Adapter;
If You change your telephone number or if You add new telephone numbers to your account, and do not successfully register your location of use for each changed or newly added telephone number;
If there are delays or disruptions of Service in the network or Services of YebCom’s E911 underlying service provider;
If there is network congestion and/or a reduction in network speed; or
If Service is interrupted or terminated for any reason, including the suspension or termination of your account with Us or with your broadband access supplier.
While YebCom will make commercially reasonable efforts to minimize the disruptive effects of YebCom’s Service interruptions, degradations, or outages, it makes no guarantees or assurances that these will not occur. Such commercially reasonable efforts are YebCom’s sole obligation regarding such interruptions. Such outages or other Service disruptions may include loss of 911 emergency Service dialing capabilities for extended periods of time.
Furthermore, home alarm systems, fax machines and other devices that attach to your home computers, local telephone service, cable system or other devices may not work with the Service. You are solely responsible for testing the operation of your home alarm systems, fax machines or other devices that You attach to the Service.
Use and Restrictions Residential Service Plans: The Service and the YebCom Adapter are provided to You solely as a single usage (user) residential plan, for your own personal, residential, non-business and non-professional use. You agree not to use, and may not use, the Service for any commercial activities. You may not resell or transfer the Service or the YebCom Adapter to another party without our prior written consent. Nor may You use the Service or the YebCom Adapter 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. If we determine, in our sole and absolute discretion, that your use of the Service or the YebCom Adapter is, or at any time was, inconsistent with normal residential usage patterns as permitted under this Agreement and that you have violated this Section we may retroactively charge you $.03 per minute for all domestic calls made since the activation of your account and for International calls will retroactively billed you then current International published rates. If we determine, in our sole and absolute discretion, that you abuse the system in any way and or cause spam to YebCom or others we will charge you $200 for each such abuse or spam. You agree that any payment made to YebCom pursuant to this section is made as liquidated damages and not as a penalty, because it would be difficult if not impossible to ascertain damages.
Business Service Plans: If you have subscribed to YebCom Business service Plan, the Service is provided to you as a business user. You agree not to sell, resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without the prior written permission from YebCom. Nor may You use the Service for auto-dialing, continuous or extensive call forwarding, call center activities, telemarketing, call relaying, fax broadcasting or fax blasting. You agree that if YebCom determines in its sole discretion that you have used the Service, and/or anyone else has used the Service for any activities prohibited by this section we may charge you $85.00 administrative fee. YebCom, in addition to all other remedies, has the right to immediately terminate or modify your Service.
Prohibited Uses You may use the Service and the YebCom Adapter for lawful purposes. Any use of the Service or the YebCom Adapter in any way that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any other similar behavior, is expressly prohibited. You may not tamper with the Services or with the YebCom Adapter, nor interfere with the provision or use of the Services to or by any other person. In addition to all other remedies, We have the right to immediately terminate your Service without notice, if, in Our sole and absolute discretion, We determine that You have used the Service or the YebCom Adapter for an unlawful purpose or in violation of this Agreement.
Use of Service Outside the United States You may make International calls using Our Service, however using and/or initiating the YebCom Service or the YebCom Adapter in any countries other than the United States is not supported by YebCom. If You use the Service or the YebCom Adapter outside of the United States, You will be solely responsible for – and You expressly agree to indemnify, defend and hold harmless YebCom, its officers, employees, agents and contractors from and against any claims, judgments, liabilities and expenses (including reasonable attorneys’ fees) arising from or in connection with – violations of any foreign or local laws, policies or regulations resulting from such use. YebCom reserves the right to terminate your Service immediately if it determines, in its sole and absolute discretion, that You have used the Service or the YebCom Adapter outside of the United States.
Number Selection YebCom shall supply You with a new telephone number upon your selection of a Service Plan for your use solely in connection with the Service. You may not resell the telephone number and YebCom conveys no right, title or interest whatsoever in the telephone number to You.
Conditions of Using the Service As a condition of using the Service, it is your responsibility to provide DSL, cable modem, or other broadband access connections for use with the Service. You are solely responsible for ensuring that the broadband access connection works properly and is compatible with the Service, including without limitation, making arrangements with your broadband provider to install, troubleshoot, and maintain these connections. Your payment obligations are not excused by such broadband access failures. YebCom’s limitations of liability and your indemnification obligations described below fully apply to any failures of Service caused by the broadband access connections or its providers.
Register Your Physical Location When You first subscribe to YebCom’s Service You must register with YebCom the address of the physical location where You will be using the Service. Whether You move the YebCom Adapter and/or the Service to another location You are required to register the new location with Us by logging into Our Website at www.yebcom.com/911address.htm Whether You move the YebCom Adapter (described below) or the Service to another location and You do not register your new location with Us, any call You make using the 911 emergency Service feature will be sent to an emergency call center near the address You registered as your physical location of use when You subscribed to the Service, and not to the new location where You will use the YebCom Adapter and/or Service. You may only register one location at a time for each broadband access line that You use with the Service. We do not guarantee that 911 emergency Service will be available at the new location.
Notify All Users You agree to be fully responsible at all times during the term of this Agreement for notifying all members of your household and all other persons at your location of the limitations on 911 and E911 emergency Services (described above) and the possible loss of 911 emergency dialing capabilities, and of YebCom’s limitations of liability and disclaimers described in the previous paragraphs. It is your responsibility to prominently display the E911 emergency warning stickers (“911 Stickers”) that were sent to You in your welcome packet, at or near the telephone handset to be used with the Services. If You did not receive these 911 Stickers with your YebCom Adapter or if You require additional 911 Stickers, please contact Our customer care department at 1-866-6YebCom.
No Resale Unless otherwise agreed in writing between You and YebCom, the Service is for your use only and may not be resoled or otherwise commercially distributed to any other person or entity.
Equipment Use You are solely responsible for use and safekeeping of the YebCom Adapter and the accessories You have received (“Equipment”) and are fully responsible for all damages thereto or theft thereof. You may not modify or alter this Equipment in any way and must return it to Us upon termination or expiration of the Service in the same condition as received, reasonable wear and tear accepted. The YebCom Adapter may only be used with the YebCom Service.
Billing and Payment To activate the Service, You must provide Us with a valid email address and a credit or debit card number from a card issuer that We accept. You must promptly advise Us if your credit/debit card account expires, is closed or cancelled or replaced, or if your billing address changes. We will bill all charges, applicable taxes and surcharges monthly and/or yearly 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/debit card, including but not limited to: (i) Service usage charges, activation fees, international usage charges, additional feature/add-on charges, YebCom Adapter shipping, handling and replacement fees; Service disconnection or reconnection charges if applicable; and (ii) any and all federal, state and local taxes, regulatory charges (including 911 emergency cost recovery charges) and other charges (including Universal Service Fund charges) that any competent federal, state, local, domestic, international or foreign government, court, tribunal, agency or other regulatory, judicial or administrative authority (collectively, “Regulatory Authority”) may assess at any time on the Services during your Service Plan period (“Regulatory Charges”). Your obligation to pay all usage charges and Regulatory Charges will survive the Agreement’s termination indefinitely.
Rate Schedules and Charges The amount of such usage charges and Regulatory Charges shall be published as rate schedules on Our Website at www.yebcom.com and may change from time to time. We shall send invoices to You monthly via your email address on file with Us. We reserve the right to increase Our billing intervals if the amount You owe to Us at any time exceeds your account allowance. All Service usage charges are billed in full minute increments, rounded up to the next full minute (unless otherwise set forth in the rate schedules found on Our Website). Fractional usage charges are all rounded up to one cent (1¢) when the value is $.005 or more and down when the value is $.004 or less (unless otherwise set forth in the rate schedules found on Our Website).
Activation Fee This fee is for setting up your account and activating your Services.
Monthly Service Fee This is the basic charge associated with your Service. This fee includes the calling charges defined by your Service Plan, the features associated with your Service Plan and basic account services. The features of this plan are included for free, YebCom does not guarantee that all features will work at all areas or at all, including but not limited to fax and Caller-ID with name display.
Yearly Service Fee This is the basic charge associated with your Service. This fee includes the calling charges defined by your Service Plan, the features associated with your Service Plan, and basic account services. The features of this plan are included for free, YebCom does not guarantee that all features will work at all areas or at all, including but not limited to fax and Caller-ID with name display.
Usage Charges If You exceed the number of calling minutes on your Service Plan, YebCom will bill You for the minutes You used above your allowance. YebCom also bills for calls to directory assistance and to other information services.
When using the Auto Attendant feature for out bound calls you will be charged the list price rate per minute for the call destination regardless the type of plan you have.
International Usage Charges Please go to Our Website at http://www.yebcom.com/cgi/IntRates.pl for Our International rates.
Advanced Features Add-Ons, Premium Services – YebCom charges additional fees for enhanced features and services such as a Virtual Phone Number and Dedicated fax line, additional telephone line and other Add-Ons are offered on Our Website.
Regulatory Recovery Fee YebCom reserves the right, to the extent permitted by law, to assess a regulatory surcharge on Customer’s charges from time to time to recover Universal Service Fund (USF) fees or other Regulatory Charges that Regulatory Authorities may assess on YebCom or the Services.
911 Emergency Regulated Charge A 911 emergency cost recovery charge of $1.95 applies to each Service line. This fee is used to recover costs associated with developing, implementing and maintaining a nationwide E911 emergency service in compliance with FCC regulations, YebCom’s 911 emergency dialing and the underlying service provider’s national 911 emergency call center. State and/or local governments or third parties may assess fees on YebCom to pay for emergency services. To the extent permitted by law, YebCom may pass those fees on to You and, in such circumstances, You agree to pay same.
Other Charges You are responsible for all charges for international use and other per minute calls, as well as for calls to payphones, directory assistance, collect calls.. You agree that We will charge your credit/debit card for those calls.
Monthly Term Service that is offered on a monthly basis begins on the date that YebCom activates your Service and ends on the day before the same date in the following month. This Agreement automatically renews on a monthly basis unless You give Us written notice of non-renewal. You are purchasing the Service for full monthly terms, meaning that if You attempt to terminate the Service prior to the end of a monthly term, You will be responsible for the full month’s charges to the end of the then-current term. These charges include without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You will also be responsible for the next full month’s charges in the event that You do not provide the requisite ten (10) calendar days’ notice of termination prior to the expiration of the then-current monthly period. Expiration of the Monthly Service Plan or termination of Service will not excuse You from paying all accrued and unpaid charges due under this Agreement. Notwithstanding the foregoing, if You terminate the Service and/or We terminate your Service for any reason You are required to return the YebCom Adapter with its accessories in its original box, in good working condition and pay for the shipping, reasonable wear and tear excepted. Otherwise, We will charge You Ninety Two Dollars ($92.00) in accordance with the provisions hereof. You may cancel the Service without charge during the first thirty (30) days in accordance with the provisions of the money back guarantee.
Yearly Plan A Yearly Plan provides Services that are offered on a yearly basis and are pre-paid for the year beginning on the date that YebCom activates your Service and ending on the day before the same date in the following year. This Agreement automatically renews on a yearly basis at current YebCom published rate (see rate at http://www.yebcom.com/services.htm), unless You give Us ten (10) calendar days’ written notice of non-renewal prior to the expiration of the then current yearly period. Your account and service activity on and after the renewal date will serve as proof that you use the service and wish to renew the service, to avoid service interruption. Once the account has been renewed, the renewal payment is non refundable. Expiration of the Yearly Service Plan or disconnection of Service will not excuse You from paying all accrued and unpaid charges due under this Agreement. You are required to return the Equipment and its accessories to Us within fourteen (14) calendar days of your non-renewal or termination notice. Otherwise, We will charge You $92 for the cost of the Equipment.
Cancellation should be made via e-mail to firstname.lastname@example.org or by United States Postal Service, first class, certified mail, return receipt requested, postage pre-paid. Cancellations will not be honored by telephone. Any charges paid by You for any setup, shipping and handling, are non-refundable after thirty (30) days.
All YebCom Service Plans require charges to be pre-paid. Customer agrees to permit YebCom to automatically bill the credit/debit card given to Us upon Service activation on each successive anniversary date without additional Customer approval, unless Customer cancels the account in accordance with the provisions of this Agreement or requests to not renew the Services ten (10) calendar days prior to the Service Plan’s anniversary date.
YebCom, in addition to all other rights and remedies, may suspend or terminate delinquent accounts at its sole discretion. However, charges for any delinquent accounts shall continue to accrue unless and until the account is cancelled. YebCom may bill Customer an additional charge of Ten Dollars ($10) to reinstate a suspended or cancelled account. Delinquent accounts are subject to an interest charge of 1½% per month (or the highest amount permitted by law) on the outstanding balance. Termination of Service shall not relieve Customer from the obligation to pay any outstanding invoices. Customer agrees to pay YebCom reasonable attorneys’ fees and costs in the collection of any outstanding invoices.
YebCom reserves the right to change the pricing for its Services at any time by posting the changes on its Website. It is your responsibility to visit Our Website from time to time for notices of price changes. Your sole remedy, in the event You refuse to be bound by the price change, is to terminate this Agreement without liability, subject to payment of all charges due through the date of termination. Pricing changes may include, as applicable, additional charges for Regulatory Charges.
Money Back Guarantee; Limitations and Conditions Limitations and Conditions We offer a thirty (30) day money back guarantee from the date of activation of your Service. We will refund service charge for the first month of Service. Shipping and setup fee charges are non-refundable. This refund is subject to the following conditions:
You have not exceeded 250 minutes of usage on all Plans except 100 minutes of usage on the Limited Plan, as applicable;
You cancel your Service within the thirty (30) day period;
Prior to returning the Equipment to Us, You obtain a valid return authorization number from Our Billing Department, which can be reached at email@example.com
You return the Equipment to Us in good condition, normal wear and tear excluded, within fourteen (14) calendar days after the date of cancellation of Service; and the Equipment is returned in the original packaging with the UPC or bar code intact and is accompanied by all components. The Equipment to be returned consists of the YebCom Adapter, YebCom power adapter, YebCom Quick Start Guide, and the YebCom Network cable.
We reserve the right to discontinue this money back guarantee at any time, without prior notice.
Porting Existing Phone number(s) to YebCom
Porting fee is $20. YebCom waives one porting fee for each YebCom line. Customer must maintain the YebCom line for at least 60 days, otherwise $20 porting fee will be assessed.
Porting fee of $20 will apply for Customers that want to port their number to a Virtual Number
Porting fees are non-refundable
Porting may not be available under circumstances such as: Loosing phone provider is not cooperating with YebCom. Customer cancels his phone number with his current phone provider before the porting process completion. YebCom has no local service in a specific area.
Disputed Charges Customer shall make a separate demand in writing, with reasonable support, for any credit for erroneously billed charges or other reasonable credit to which Customer believes itself to be entitled. Customer may not withhold payment of any charges, whether disputed or not. Any disputed amounts timely paid by Customer and subsequently resolved in favor of the Customer, will be credited to Customer’s account. If Customer initiates a request for a “chargeback” with its credit/debit card company, YebCom may charge Customer a $25 “chargeback” fee for administrative costs associated with a “chargeback”. YebCom may also immediately block or cancel the customer and all accounts, without notice. Given this policy, YebCom recommends that Customer contact a representative of YebCom’s Billing Department (Billing@yebcom.com) before disputing any charges or requesting a “chargeback” with its credit/debit card company.
If, Our mutual good faith efforts notwithstanding, You and YebCom are unable to resolve any payment dispute within thirty (30) calendar days following Customer’s written notice, then the matter may be submitted by either party to dispute resolution. If Customer fails to give YebCom written notice of a dispute with respect to any charges, credits, application of taxes or any other amounts invoiced to it hereunder within seven (7) calendar days of the date of an invoice, such invoice will conclusively be deemed correct and binding on Customer.
Disconnection for Non Payment Customer agrees that, the arbitration provision of this Agreement notwithstanding, in the event Customer fails to pay any charges when due, YebCom may assign Customer’s account to a collection agency, which will have the right to bring an action for collection in court and to recover all costs (including reasonable attorneys’ fees) in bringing said action.
Disconnect Fee Customer will be charged a disconnect fee of $49.50 upon termination of Service for any reason or for convenience of Customer, unless the Customer is eligible for a full refund of the original sign up fees pursuant to the terms of the Money Back Guarantee as provided in this Agreement. The disconnect fee becomes due and payable immediately upon termination and will be billed directly to Customer's credit card.
Limitation of Liability and Disclaimers YebCom shall not be liable for any damages arising out of or relating to: interoperability, access or interconnection of the Services with applications, devices (including WI-FI phones and softphones), Equipment, Services, content or networks provided by Customer, Users or third parties; Service interruptions or lost or altered messages or transmissions; or unauthorized access to or theft (including identity theft) and interception by hacking or other unlawful activities, alteration, loss, damage or destruction of Customer’s, Users’ or third parties’ applications, content, data, programs, information, network or systems.
Except as expressly provided in this Agreement, all Services are provided “as is” and YebCom makes no warranty, express or implied, with respect to the Services (including any Equipment) or any work performed or to be performed under this Agreement, including any and all warranties of title, of merchantability or fitness for a particular purpose or use, and all such warranties are hereby expressly disclaimed. The express warranties set forth in this Agreement (if any) constitute the only warranties made by YebCom with respect to this Agreement, the Services (including the Equipment) and are made in lieu of all other warranties, written or oral, statutory, express or implied.
Except where arising as a direct result of Our negligence, recklessness or willful misconduct, You hereby agree to release and discharge YebCom, its affiliates (together with its and their directors, officers, employees, agents and contractors) from any and against all actions, lawsuits, claims, damages, judgments, liabilities and expenses (including without limitation reasonable attorneys’ fees) whatsoever (collectively, “Claims”) that You may otherwise have in connection with the use (whether by You or by any other person) of the Services that are provided to You under this Agreement.
To the fullest extent permitted by law, You waive your right (and covenant not) to bring suit for said Claims against Us or any of the other persons mentioned in the previous sentence.
Notwithstanding any provision of this Agreement to the contrary, YebCom has no liability under this Agreement whatsoever to Customer or to any User for any special, incidental, indirect, punitive, or consequential damages, whether foreseeable or not, regardless of the form of action, whether in contract or tort (including strict liability) and such damages include without limitation economic loss or lost business or profits, damages arising from the use or performance of the Services, Equipment or Software (or from the loss of use thereof).
Nor does YebCom have any liability whatsoever for any damages arising directly or indirectly from any interruption of Service, or from any transmission delay, error, or loss, or from the loss, alteration, or destruction of data, files or any information to the extent any of the foregoing damages arise in any manner out of, or in connection with, this Agreement, the Services or YebCom’s performance or nonperformance of its obligations under this Agreement.
YebCom also has no physical control over, or the manner in which, calls using Our 911 emergency Service are delivered by Our 911 underlying service provider or whether or if they are properly answered or addressed by any local emergency response center. Accordingly, YebCom hereby disclaims any and all responsibility for the handling of such calls by any of said third party or of any other conduct of local emergency response center or of the national emergency calling center used by Our 911 underlying service provider.
YebCom also relies on its 911 underlying service provider and other third parties to route 911 emergency calls to the proper emergency response center. Accordingly, YebCom disclaims any and all liability or responsibility for any failure or omission on the part of such third party and by using the Services, You agree that neither YebCom, nor any of its affiliates (or its or their officers, employees, or agents) will have any such liability or responsibility and, to the fullest extent permitted by law, You hereby waive any and all such Claims or causes of action, arising from or relating to Our 911 emergency Service unless such claims or causes of action arose from Our negligence, recklessness or willful misconduct.
If You are not comfortable with the limitations of the 911 emergency Service, You should consider having an alternate means of accessing traditional 911 emergency services or disconnecting the Service.
Termination Rights YebCom reserves the right to terminate the Service with You at any time. If We terminate your Service for no reason You are obligated to pay all charges due and return the Equipment. We will not impose any termination fees.
If We cancel your Service for non-compliance with the terms of this Agreement, You will be liable to pay all charges due and return the Equipment. We will charge You applicable termination fees.
Notices Any notice or other communication required or permitted to be given hereunder must be (a) in writing, (b) effective upon receipt, and (c) delivered by one of the following means: (i) by pre-paid, overnight package delivery or courier service; and (ii) by the United States Postal Service, first class, certified mail, return receipt requested, postage pre-paid. The following also constitute receipt: (i) a party’s rejection or other refusal to accept notice, and (ii) the inability to deliver to a Party because of a changed address. Notwithstanding the foregoing sentence, notice of change of a party’s address is not to be deemed effective until ten (10) calendar days after the date of the other party’s receipt thereof. All notices given under this Agreement must be addressed as follows:
For Customer: Address specified in the sign-up page and/or in the Customer profile
For YebCom: Support@YebCom.com
Software Intellectual Properties YebCom hereby grants Customer a personal, non-transferable and non-exclusive sublicense (without the right to further sublicense) to use, in object code form, all software used in conjunction with (or imbedded in) the Service and the YebCom Adapter, together with all written and electronic documentation and data provided to You by YebCom in connection therewith (collectively, the “Software”), solely in connection with the Services or the YebCom Adapter (including all software, microcode embedded therein), as the case may be, and in strict accordance with applicable written and electronic documentation pertaining thereto, and with all provisions of YebCom’s license of said Software from its supplier/licensor.
YebCom (or its suppliers, as the case may be) shall retain all right, title and interest in and to all copyrights, patents, service marks, trademarks, trade names and other intellectual property rights embedded in or associated with the Software and nothing in this Agreement conveys or transfers any such rights whatsoever to Customer.
Force Majuere If the performance of either party under this Agreement, or any obligation hereunder, is prevented, restricted or interfered with by reason of (i) weather or environmental disturbances (including earthquakes, floods, fires, storms, and other disturbances) or acts of God; (ii) war, revolution, civil commotion, acts of public enemies, terrorism or national emergency, blockage or embargo; (iii) acts of any domestic federal, state, or local governmental authority or any foreign governmental authority (such acts including any regulatory or administrative decisions making said performance or obligation economically or technically unfeasible); (iv) labor difficulties, including without limitation, strikes, slowdowns, picketing or boycotts; (v) failure of any third party (including any other carrier or supplier or Customer’s broadband access supplier) to provide services, facilities or equipment required for such performance or obligation (or any other act or omission by said third party); or (vi) any other circumstances beyond the reasonable control of the party affected (said events described in clauses (i) through (vi) foregoing collectively referred to as “Force Majeure Events”, the party whose performance is affected by said Force Majeure Event, upon giving prompt notice to the other party, shall be excused from such performance (excluding, however, Customer’s payment obligations to YebCom for any Service or other performance not directly affected by the Force Majeure Event)).
Entirety of Agreement This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and thereof, and supersedes any and all prior or contemporaneous written or verbal proposals, agreements, understandings or other discussions respecting same.
No Waiver A failure by YebCom to enforce any provision of this Agreement is not to be deemed a waiver of any provision hereof and any such waiver must be in writing. Nor will a waiver of any provision by YebCom at any time be deemed a waiver of its subsequent right to enforce such provision or a waiver of any other provision of this Agreement.
Service Distinctions: You acknowledge and understand that the Service is not a traditional telephone service. Important distinctions exist between traditional telephone service and the Service offering provided by YebCom. Some, but not all, of these distinctions are described in this Agreement. The Service is subject to different regulatory treatment than traditional telephone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums
Governing Law The Agreement and the relationship between You and Us are governed by the laws of the State of Nevada without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason, You shall submit to the personal and exclusive jurisdiction of the courts located within the State of Nevada and waive any objection as to venue or inconvenient forum.
Mandatory Arbitration and No Jury Trial Any dispute or Claim between You, any member of your household or any guest or employee, and Us arising out of or relating to the Service or Equipment, will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Dover, DE. The arbitrator’s decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. All Claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated Claims in arbitration. This arbitration provision constitutes a waiver of any right to a jury trial and an agreement to be subject to jurisdiction in, and conduct arbitral proceedings in, Nevada.
No Joint Venture or Third Party Beneficiary Nothing in this Agreement shall be construed as creating a joint venture or partnership between the parties. Other than as set forth in this Agreement, neither party has or shall have any authority to bind, assume any obligation for, nor incur any debt on behalf of, the other party. This Agreement does not (and is not to be construed to) create a beneficial interest for or create any rights enforceable by any person (including any User) not a party hereto.
Severability Should any provision of this Agreement be held or otherwise determined by any Regulatory Authority to be invalid, unlawful, or unenforceable in any jurisdiction, that provisions to be deemed separate, distinct and independent, and is to be deemed severed and ineffective to the extent of such holding or determination without (i) invalidating the remaining provisions of this Agreement in that jurisdiction or (ii) affecting the legality, validity or enforceability of such severed provision in any other jurisdiction.
No Assignment Customer may not assign its rights or delegate its obligations under this Agreement to any other person without YebCom’s written consent, which may be withheld in Our sole discretion. This Agreement will inure to the benefit of the parties’ respective successors in interest, personal representatives, and permitted assigns.
Interpretation and Survival The parties agree and acknowledge that they have had an opportunity to review the Agreement with their respective legal counsel and, accordingly, its provisions are not to be construed against the party having drafted same. Any provision of this Agreement (including Customer’s payment obligations) that by its terms or any reasonable interpretation thereof will survive the expiration of this Agreement for the period specified (or if none specified) for the applicable statute of limitations.
Use of Terms The words “writing” or “written” mean preserved or presented in retrievable or reproducible written or electronic form. Except as provided in this Agreement, “writing” or “written” may mean electronic (including E-mail (but not voice mail) transmissions where receipt is acknowledged by return E-mail by the recipient) or hard copy, including by facsimile (with acknowledgment of receipt from the recipient’s facsimile machine) unless otherwise stated.
Publicity and Marks No public statements or announcements relating to this Agreement may be made by either party without the prior written consent of the other party. Each party agrees not to display or use, in advertising or otherwise, any of the other party’s trade names, logos, trademarks, service marks or similar identification without the other’s prior written consent, which consent may be withheld or revoked at any time.
Further Assurances From and after the date of this Agreement, Customer shall (or shall cause any of its Users to), from time to time, at the request of YebCom and without further consideration, do, execute and deliver, cause to be done, executed and delivered, all such further acts, things, documents and instruments (such acts including, any filings required by any Regulatory Authority) as may be reasonably requested or required by YebCom (at YebCom’s sole expense) to evidence and to give full force and effect to this Agreement.
Future Changes to this Agreement We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on Our Website at www.yebcom.com. Such changes will be binding upon You unless We hear from You within fifteen (15) calendar days from the date they are posted to Our Website. If We do not hear from You within that period, the changes will be deemed conclusively accepted. In the event You do not wish to be bound by the change, your sole remedy would be to terminate the Agreement without liability in accordance with the provisions hereof (including payment of any charges due through the date of termination). The Agreement as and when posted supersedes all previously agreed to electronic and written terms of Service, including without limitation, any terms included with the packaging of the Equipment.