Terms of Service and Policies
Indemnification
Customer agrees that it will protect, indemnify, save and hold FrozenVoice.com harmless from any and all
stipulations, liabilities, losses, expenses and claims, including, without limitation reasonable attorney’s fees assessed
against FrozenVoice.com, its parent company, agents, customers, officers, shareholders, directors, employees and administration that may arise or
result from any service provided or performed or agreed to be performed or any product sold by it’s
customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold
FrozenVoice.com harmless against liabilities arising out of; (1) any injury to person or property caused by any
products sold or distributed in association with FrozenVoice.com‘s Services; (2) any material furnished by
customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright, trademark patent, or other intellectual property
violation and any defective products sold to a customer from FrozenVoice.com‘s Services.
Governing Law, Jurisdiction, and Venue
The validity, interpretation, construction and performance of this agreement shall be governed by the laws of the State of New Jersey. The New Jersey state courts of Hudson County, New Jersey (or, if there is exclusive federal jurisdiction, the United States District Court for the District of New Jersey) shall have exclusive jurisdiction and venue over any dispute arising out of this agreement, and customers hereby consent to the jurisdiction of such courts.
Customer’s Sole Remedy
FrozenVoice.com‘s entire liability and Customer’s exclusive remedy shall be the refund of up to thirty (30) days of service.
Limitation of Liability
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH FROZENVOICE.COM IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY
FROZENVOICE.COM OF THE RISK OF CUSTOMER’S CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH CUSTOMER’S USE OF THE SOFTWARE AND DOCUMENTATION. ACCORDINGLY, CUSTOMER AGREES THAT
FROZENVOICE.COM SHALL NOT BE RESPONSIBLE TO CUSTOMER FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR DOCUMENTATION. Any provision herein to the contrary notwithstanding, the maximum liability of
FrozenVoice.com to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any service delivered to Customer hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to
FrozenVoice.com by Customer for thirty (30) days of service whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of
FrozenVoice.com arising out of this agreement. The parties acknowledge that the limitations set forth in this agreement are integral to the amount of consideration levied in connection with the license of the services and documentation and any services rendered hereunder and that, were
FrozenVoice.com to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
Satisfaction Guarantee:
FrozenVoice.com offers a satisfaction guarantee on our server management and monitoring services. If you are not completely satisfied with our services within the first 30 days or 300 minutes of using our service (whichever comes first) from the date of your signup, you will be given a full refund of the amount paid. Satisfaction guarantee only applies to first time customers, so if you use our service and cancel, then signup again at a later date, the satisfaction guarantee offer is no longer applicable. Only one (1) refund per customer or affiliate thereof will be honored. (For example, if you signup and request a refund, and then signup at a later date, the money back guarantee does not apply.)
Disputes:
All payments after the first 30 days of service to FROZENVOICE.COM are nonrefundable, regardless of usage or reason. Any incorrect, overcharges or billing disputes must be reported within 60 days of the time the charge occurred. If you dispute a charge to your credit card issuer that, at FROZENVOICE.COM‘s sole discretion is a valid charge under the provisions of our TOS, you agree to pay FROZENVOICE.COM an Administrative Fee equal to one month’s service per dispute. All unpaid debts and dispute fees may be sent to credit collection agencies. Failure to report any overcharges or billing disputes to FROZENVOICE.COM within 60 days after the charge occurred shall be deemed to be an acceptance by you of the charges.
Refunds:
Refunds of any kind for any reason may take up to 30 days from the time the refund is requested or offered for processing.
Force Majeure
If either Party shall be prevented from performing any portion of this Agreement (except the payment of money) by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or Service(s) or acts of God, such Party shall be excused from performance for the period of the delay and the time for such Party’s performance shall be extended for a period of time equal to the duration of such delay. Notwithstanding anything to the contrary contained in these terms of service and policies, FROZENVOICE.COM shall not be liable in any manner to the extent of its performance is delayed by any event or cause beyond the control of FROZENVOICE.COM including without limitation, fire, explosion, storm, flood, electrical blackout, heat or cold, war, rebellion, terrorist act, insurrection, riot, strike, breakdown or accident to machinery, or compliance with the order of any governmental authority.
Disclaimer
FrozenVoice.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER.
FrozenVoice.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE.
FrozenVoice.com DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS INCLUDES BUT IS NOT LIMITED TO LOSS OF DATA RESULTING FROM DELAYS, HACKING FROM INSECURITIES, PROLONGED DOWNTIME FROM LACK OF ACTION TO MONITORING, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY
FrozenVoice.com AND ITS REPRESENTATIVES, CONTRACTORS, EMPLOYEES, OFFICERS, SHAREHOLDERS, OR DIRECTORS.
FrozenVoice.com RESERVES THE RIGHT TO AMEND OR UPDATE THESE POLICIES WITHOUT NOTICE. FAILURE TO FOLLOW ANY TERMS AND CONDITIONS MAY RESULT IN ACCOUNT DEACTIVATION.
FrozenVoice.com furthermore expects that its customers who provide Internet services to others will fully comply
with all applicable laws concerning the privacy of online communications. A customer’s failure to
comply with those laws will violate this policy. Finally, FrozenVoice.com wishes to emphasize that in accepting
services, customers indemnify FrozenVoice.com for the violation of any law or
FrozenVoice.com policy, that results in loss
to FrozenVoice.com or the bringing of any claim against
FrozenVoice.com. This means that if FrozenVoice.com is sued because of activities
of the customer that violate any law, or this policy, the customer will pay any damages awarded
against FrozenVoice.com, plus costs and reasonable attorneys’ fees.
Although we try to maintain a very high level of service and service availability, the services provided by FROZENVOICE.COM are not designed for mission critical use, and should not be used for such purposes. Our services should only be used for fault-tolerant purposes which allow for failure.
THESE SERVICES ARE PROVIDED “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL FROZENVOICE.COM OR ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, OR ASSOCIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Refusal of Service
FrozenVoice.com reserves the right at its sole discretion to refuse or cancel service. Violation of any of FrozenVoice.com‘s
Rules and Regulations could result in a warning, suspension, or possible account termination, and remove and permanently discard any data, recordings, information stored within your account. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Accounts terminated due to policy violations will not be refunded.
Waiver
Customer agrees that the waiver of any breach, or the failure to enforce these terms and conditions, at any time, shall not in any way affect, limit, or waive the right of FrozenVoice.com to thereafter to enforce and compel strict compliance by the other party regarding any of these terms and conditions.
Severance
If any one or more sections of these terms and conditions should ever be determined to be illegal, invalid, or otherwise unenforceable by reason of any law, statute, regulation, or public policy, then, to the extent and within the jurisdiction in which the section is illegal, invalid, or otherwise unenforceable, the section shall be limited or severed and deleted from these terms and conditions, and the remaining sections of these terms and conditions shall survive, remain in full force and effect and continue to be binding, and shall not be affected except as may be necessary to make sense of these terms and conditions, and shall be interpreted to give effect to these terms and conditions to retain validity of these terms and conditions.
Non-Payment
Payment for services must be received no later than 3 days after the first day of the renewal cycle. (For example, if your renewal date is on the 1st of each month, payment must be received no later than the 4th of each month.) If payment is not received within this timeframe, services may be suspended. If payment is not received within 7 days after the first day of the renewal cycle, services may be terminated.
Confidentiality Statement
All inbound/outbound phone calls to FrozenVoice.com may be recorded for internal quality assurance and tracking purposes. We at FrozenVoice.com make reasonable efforts to ensure that all personal information submitted to us in processing your order and
for billing purposes, etc., including but not limited credit card information, will be kept
strictly confidential and used solely by FrozenVoice.com, its parent company, representatives, independent contractors, and employees, for the
purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information for advertising or marketing purposes to any unaffiliated third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored with reasonable measures of protection and handled with reasonable measures of protection at all times by authorized FrozenVoice.com staff members, representatives, independent contractors and employees only.
Custom CallerID capability
The custom callerid feature must only be used in accordance with all applicable laws. According to the “The Truth in Caller ID Act of 2009” you must not set your Custom CallerID to any phone number that you do not own or are not authorized to use, and under any and all circumstances you are prohibited from using a custom CallerID that you do not own and are not authorized to use or with any intent to defraud, cause harm, or wrongfully obtain anything of value. For additional information, please refer to http://www.fcc.gov/guides/caller-id-and-spoofing
Legality of Call Recording
Services provided by FrozenVoice.com may not be used to violate the privacy rights of others, or to access or intercept electronic communications in violation of wiretap statutes. Phone tapping and eavesdropping is illegal in certain states and certain countries and certain locations. In no way will FrozenVoice.com, it’s parent company, it’s subsidiaries, it’s employees, or it’s partners be held responsible for inappropriate use of this service. Regardless of the advice or information we provide and mechanisms in place to notify you of your obligations and requirements, it is your sole responsibility to ensure that conversations are only recorded in accordance with the law of the jurisdiction where the service is utilized and where the call is being made AND where the call is being received. IT IS THE SOLE RESPONSIBILITY OF THE BUYER TO CONSULT LEGAL COUNSEL FOR THE INTERPRETATION OF ANY LAWS APPLICABLE TO THE AREA OF INTENDED USE OF THIS PRODUCT. If you record a call without permission, you may be subject to criminal prosecution. For additional information, please refer to http://en.wikipedia.org/wiki/Telephone_recording_laws
Acceptable Use
FrozenVoice.com services may only be used for lawful purposes. You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Security and Reliability
FrozenVoice.com takes several precautions to ensure the security of the data and recordings, however, it is important to realize that no server in the world is hack proof, therefore any sensitive material should be downloaded immediately upon creation and removed right away.
FrozenVoice.com has multiple measures in place to backup data, however, there is always a risk of a failure that will result in data loss, therefore any critical/irreplaceable/important data should always be downloaded and saved yourself as a backup.
FrozenVoice.com has multiple measures in place to ensure uptime and reliability, however, there is always a risk of catastrophic failure that my result in dropped calls, incomplete calls, static/noise inteference in calls, site inaccessibility, data inaccessibility, service inaccessibility, inability to deliver custom caller id without warning, inability to record calls without warning, etc., therefore FrozenVoice.com service is not permitted to be used for any means of emergency or mission critical communications.
If you do not accept or understand any part or parts of our ‘Terms of Service and Policies’,
please contact us immediately prior to signing up with our
service.By subscribing to and/or utilizing our services, you agree to accept, comply, and
understand all of our ‘Terms of Service and Policies’ in full.