READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY PRIOR TO USING ANY PRODUCT OR SERVICE OFFERED BY INTERCLOUD9, LLC, BY USING THE PRODUCTS OR SERVICE OFFERED BY INTERCLOUD9, LLC YOU ARE INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU (“The Subscriber”) ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT FOR THE USE OF THE SERVICES PROVIDED BY INTERCLOUD9, LLC. IF SUBSCRIBER IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF THE SUBSCRIBER IS NOT OF AGE, OR IS OTHERWISE UNABLE BY LAW TO BE A PARTY TO THIS AGREEMENT, THE SUBSCRIBER SHOULD PROMPTLY EXIT FROM THIS WEB PAGE. INTERCLOUD9, LLC RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT SUBSCRIBER DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.
1. GRANT OF RIGHTS TO USE SERVICES
Effective upon acceptance of this Agreement, InterCloud9 hereby grants to Subscriber a nonexclusive, nontransferable, license to access and use the Services, for Subscriber’s use.
Subscriber shall have no right to sell use of the Services nor make any claim that it does have such right.
The Services will allow Subscriber to perform various functions such as automated calling, SMS text messaging, sending prerecorded audio/voice messages and providing menu options that would allow callers to listen and respond to various voice prompts to predetermined phone numbers.
Subscriber is solely responsible for obtaining all equipment and approvals necessary for connection to the World Wide Web and all charges associated with such connection to the World Wide Web and phone service charges.
2. SUBSCRIBER REGISTRATION
Subscriber understands he/she may receive future automated calls or text messages on behalf of interCloud9 for billing or products update notifications. This consent is not a condition of purchase by interCloud9 and msg or data rates may apply. You may manage your contact preferences from your client area www.interCloud9.com/members To be removed from any text messages simply reply with STOP to opt out.
Subscriber is solely responsible for maintaining the confidentiality of Subscriber’s User Name, Password, and Voice Recording Line ID.
Subscriber shall not share account information to third parties and shall at all times be responsible and liable for any transactions or activities that occur on Subscriber’s account.
Subscriber shall immediately notify InterCloud9 if any unauthorized use of Subscriber’s account has occurred or of any other breach of security.
Subscriber understands and agrees that Subscriber and, if applicable, Subscriber’s company will assume all financial responsibilities for use of InterCloud9 services originating from Subscriber’s account by Subscriber or others.
3. FAIR and REASONABLE USE
InterCloud9 desires that Users understand the intended and permissible uses of InterCloud9 Products and Services, and further desires to prevent fraud, exploitation and abuse of certain InterCloud9 calling plans and features. InterCloud9’s unlimited plans are for normal, reasonable use and consistent with the types and levels of usage by typical customers on the unlimited calling plan. “Typical” refers to the calling patterns of at least 95% of InterCloud9’s customers on the same unlimited calling plan. Certain calling and messaging plans, including unlimited calling and messaging plans, are designed for normal commercial and individual use. Unauthorized or excessive use beyond that normally experienced by other InterCloud9 customers may cause extreme network capacity and congestion issues and interfere with InterCloud9’s network and the third party networks with which InterCloud9 connects for call initiation and completion services. Any use of the InterCloud9 Products and Services or any other action that causes a disruption in the network integrity of InterCloud9 Products and Services or its vendors, whether directly or indirectly, is strictly prohibited and will result in suspension or termination of the Services. Excessive additional minute usage is subject to review by InterCloud9. InterCloud9 at its sole discretion reserves the right to offer subscriber an alternative service plan and reserves the right to place limitations on additional minute usage.
4. INTERCLOUD9’S RIGHTS
InterCloud9 shall retain all right, title and interest to the Services including all copyrights, trademarks and all other intellectual property right there to.
Subscriber may not, nor allow any third party, to copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services and no use of trademarks is granted under this Agreement.
The copyright notices and other proprietary legends shall not be removed from the Services and no use of trademarks is granted under this Agreement.
Subscriber may not grant any sub-license, leases or other rights in the Services to any third party. All rights not expressly granted under this Agreement are retained by InterCloud9.
Either party may terminate this Agreement upon notice to the other party.
InterCloud9 reserves the right to suspend, deny or terminate The Subscriber’s service if InterCloud9, at its sole discretion, believes Subscriber is using or plans to use InterCloud9 services in a manner that is unlawful, abusive, prohibited by the InterCloud9 Terms and Conditions or if Subscriber’s use or planned use of InterCloud9 services creates or could create a potential adverse impact to InterCloud9’s ability to provide service to others.
If The Subscriber is found to be SPAMMING no refund will be provided for the used portion of the service provided.
Upon termination, Subscriber shall immediately cease to use the Services and InterCloud9 shall have no further obligations whatsoever to Subscriber.
Subscriber is solely responsible for saving/exporting of all CDR’s (call detail records), messages, call recordings, calling lists and any reports needed with in 30 days of dialing activity on the platform. After 30 days of non dialing activity subscribers account will be closed and purged from the system.
InterCloud9 shall not be liable to the Subscriber or any third party for any reason for InterCloud9 terminating this Agreement.
6. LIMITATION OF LIABILITY
In no event shall InterCloud9 be liable to Subscriber or any third party for special, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. InterCloud9’s liability for damages, regardless of the form of the action, shall not exceed the license fee paid by Subscriber for the Services, if any. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
7. WARRANTY DISCLAIMER
The Services licensed thereunder are licensed “as is” and “as available” and InterCloud9 makes no warranties, express or implied, including but not limited to the implied warranties of merchant ability and fitness for a particular purpose and any similar warranty whether said warranty arises under provisions of any law of the United States or any state thereof. InterCloud9 makes no representations or warranties that the services are free of rightful claims of any third party for infringement of proprietary rights. The entire risk associated with the use of the Services shall be borne solely by Subscriber.
InterCloud9 makes no warranty that the Services will meet Subscriber’s requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected.
InterCloud9 does not make any warranty pertaining to any goods or Services purchased, obtained, secured or acquired through the Services or any transaction entered into through the Service.
InterCloud9 does not warrant the accuracy or reliability of the results obtained through use of the Services or any data or information downloaded or otherwise obtained or acquired through the use of the Services. Subscriber acknowledges that any data or information downloaded or otherwise obtained or acquired through the use of the Services are at Subscriber’s sole risk and discretion and InterCloud9 will not be liable or responsible for any damage to Subscriber or Subscriber’s property.
Subscriber will not rely on any representation or warranty implied or expressed by any persons other than an authorized member of InterCloud9 with regards to InterCloud9 products and services.
8. CANCELLATION / REFUND POLICY
Cancellation: Subscriber’s recurring service or account may be canceled (1) with a written support request prior to the renewal date, during which time normal monthly service fees will apply or (2) with a written request asking for immediate cancellation, for which no pro rate will be made or offered as all products are non refundable after purchase as they are deemed “used” at time of payment as indicated at time of purchase.
For security and ownership authentication of the account all disputes, cancellations, refund or credit requests must be made in writing by submitting a support request from your Client Area. The following URL is a direct link www.intercloud9.com/members/submitticket.php to make that request. Upon submitting your request you will receive a Support Ticket ID acknowledgment for your records that can be used for future correspondents.
Refunds: All services provided by interCloud9 are non-refundable, non-returnable, non-exchangeable and deemed used at time of purchase. InterCloud9 may at its own discretion offer an account credit as deemed necessary or if the user can provide proof under a limited use plan that (1) any call was not actually delivered but was reported as delivered and the user’s account was debited for the call or (2) the call was delivered more than the number of times the phone number appeared in the call list used and the user’s account was debited for the calls, InterCloud9 will provide an account credit for the amount pertaining to the call(s) in dispute. InterCloud9 has 30 days from the date of the notification of the dispute to resolve the dispute.
9. PAYMENT OF SERVICES
Monthly recurring service charges for minutes and/or credits are prepaid on a Monthly basis and do not carry over. All charges for recurring InterCloud9 service will be charged to the payment method subscriber provided when signing up for InterCloud9 service. Additional minutes/credits must be purchased before additional charges are incurred.
Non recurring service charges for minutes and/or credits are pre-paid and expire 90 days from the date of purchase. Additional minutes/credits must be purchased before additional charges are incurred.
In the event credit card or other form of payment is denied, InterCloud9 may discontinue service immediately. Payment must be made within 5 business days or service may be terminated.
Subscriber understands and agrees that in the event additional minute usage exceeds Subscriber’s purchased minutes by one or both of the following (1) $50; or (2) 10% of Subscriber’s average monthly use; InterCloud9 at its sole discretion may charge subscribers credit card for all outstanding charges. In the event that the credit card issuer (1) declines any charges; or (2) requests return of payments previously made to InterCloud9, InterCloud9 reserves the right to terminate or suspend service without prior notice.
COLLECTION COSTS If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include court costs and reasonable attorneys’ fees.
DEFAULT You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your death, we may (a) request that you pay the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other action allowed.
DISPUTED AMOUNTS All disputes must be made in writing by submitting a support ticket from your client area here www.intercloud9.com/members/submitticket.php We do not give up any rights under this Agreement if we accept a payment marked “payment in full” or given with any other conditions or limitations.
FAILURE TO PAY The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Subscriber shall indemnify and hold harmless InterCloud9, its directors, officers, employees and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and damages resulting from any negligent acts, omissions or willful misconduct by Subscriber, Subscriber’s use of the Services and any breach of the terms and conditions of this Agreement by Subscriber including any violation of this agreement by subscriber or any other person using subscribers account including but not limited to any violation of any federal or state laws or regulations.
11. MODIFICATION TO SERVICES
During the term of this Agreement, InterCloud9 may modify or discontinue the Services.
InterCloud9 shall not be liable to the Subscriber or any third party for any reason for InterCloud9’s modifying or terminating of such Services.
The Subscriber is responsible for creating a back-up copy of any important or critical information that is stored on the Service prior to storing on the InterCloud9 system.
12. MODIFICATION TO AGREEMENT
InterCloud9 may automatically amend this Terms and Conditions Agreement at any time by (i) posting a revised agreement on the InterCloud9 Web site, and/or (ii) sending information regarding the Terms and Conditions amendment to the email address Subscriber provides to InterCloud9. Subscriber is responsible for regularly reviewing the InterCloud9 Web site to obtain timely notice of such amendments. Subscribers will be deemed to have accepted these amended InterCloud9 Terms and Conditions if Subscriber continues to use InterCloud9 service after such amended Terms and Conditions have been posted or information regarding such amendment has been sent to Subscriber. Otherwise, this Terms and Conditions Agreement may not be amended except in writing signed by both parties.
13. THIRD PARTY ADVERTISER
Subscribers may enter into transactions with advertisers on the Services.
Such transactions are between Subscriber and advertisers and InterCloud9 has no connection with any such transaction.
InterCloud9 assumes no liability for any such transactions.
This Agreement merges all prior written and oral communications and defines the entire agreement of the parties concerning the Services.
In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the parties.
All notices under this Agreement shall be in writing and delivered by email.
This Agreement shall be construed in accordance with the laws of the State of Texas without regard to its conflict of laws or provisions. InterCloud9 and the individual Subscriber and, if applicable, the Subscriber’s company will submit to the jurisdiction of the State and Federal courts of Texas.
Subscriber agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause InterCloud9 irreparable harm and InterCloud9 may obtain injunctive relief as well as seek all other remedies available to InterCloud9 in law and in equity.
The failure of InterCloud9 to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it any way affect the validity of this Agreement. Sections 5, 6, and 7 shall survive termination or expiration of this Agreement for any reason.
ASSIGNMENT We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.
ENFORCEABILITY If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.
WAIVER We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation.
15. RIGHT TO REFUSE SERVICE
InterCloud9 reserves the right to refuse service to any customer at any time within reasonable means/requests.
LEGAL THREATS & PROFESSIONAL BEHAVIOR Please behave in a reasonable manner towards interCloud9, LLC employees. Any unreasonable threats, either personal or against the company will receive a warning for breach of these conditions. Personal abuse towards interCloud9, LLC employees or legal threats against the company are viewed as extremely serious. interCloud9 reserves the right to refuse to do business with a person or company as a result and possibly terminate any accounts in question.
16. AGE REQUIREMENTS and LIMITATIONS on USE of SERVICES
Users of the Services must be at least 18 years of age. Children under the age of 18 are not permitted to use the Service and no information of children under the age of 18 will be knowingly collected by InterCloud9. If InterCloud9 determines that it has collected personal information of children under the age of 18, InterCloud9 will immediately delete such information.
17. RULES AND REGULATIONS
Subscriber shall be fully and solely liable for any prerecorded audio, voice transmissions sent through the Service. InterCloud9 has no control over the content of any transmission or the destination such transmission will be sent nor will it be liable for such content.
Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, or illegal.
Further, Subscriber will abide by all rules, regulations, procedures and policies of InterCloud9 and any policies of the networks connected to the Services. To see a complete description of the interCloud9s Calling Policy please visit https://www.intercloud9.com/calling-policy.html
InterCloud9 reserves the right to add to, modify or amend its Terms and Conditions at any time for any reason at its sole discretion.