Terms and Conditions

Terms of Use

When using Unlimited Conferencing, Inc., ("UC") services ("Services"), and all hardware and software operated in connection therewith ("System") you agree to the terms and conditions listed on this page (the "Terms of Use"). If you order or use any UC services or visit our Website, you accept these Terms of Use so please read them carefully. In addition, when you use any current or future UC services whether or not included in our Website, you will also be subject to our current Terms of Use.

Rates, Payment Terms and Invoices

All rates, unless otherwise stated, are calculated on a per minute per participant basis. International rates can change without notice. Any features or upgrades to our services will be provided to you on terms and prices generally available to the public or as otherwise agreed by us in writing. All fees, billing and payment will be in United States dollars only.

Customer agrees to pay fees and surcharges we assess to recover or defray governmental charges or costs we incur in connection with the services we provide, such as Federal Universal Service, regulatory and administrative charges, or gross receipts taxes, without regard to whether these governmental charges or costs fund programs that provide benefits to you or in your location. These charges are not taxes or regulatory fees imposed directly on you, nor required by law to be billed to you, may be kept by us in whole or in part, and the amounts and what is included in these charges are subject to change without notice.

Charges for use of services are invoiced at the end of each billing cycle for pay-as-you-go accounts, and at the beginning of the billing cycle for all other accounts. Payments are due upon receipt unless otherwise stipulated in writing by Unlimited Conferencing. Unlimited Conferencing requires a valid credit card to be on file at all times, and automatically charges all open invoices to this card unless other credit terms have been agreed upon in writing.

UC will make your monthly invoices available through the “My Account” section of our website. Past-due balances shall be subject to an interest charge of 1.5% per month computed from the due date of each invoice previously issued, or the maximum rate legally permitted. Customer shall pay any collection costs, including reasonable attorneys' fees, and other expenses incurred by UC to collect any sums due under this Agreement. Customer must notify UC of any charge disputed in good faith, with supporting documentation, within 30 days from the date of invoice, or Customer will be deemed to agree to such charges and no adjustments to charges or invoices will be made. Customer remains responsible to pay undisputed charges by the due date.

Credit granted to the Customer may, at UC's option, be canceled at any time with or without notice.

UC may discontinue or suspend service at any time without incurring liability.

Use of Services

Customer will not use the services to send unsolicited mass mailings or to communicate any content that is harassing, libelous, threatening, obscene, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense under any applicable law or regulation. Unlimited Conferencing may remove such content at any time should it become aware of such content.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to your identity. UC expressly reserves the right to monitor any and all use of the Services and the System. In order to ensure that we are able to provide high quality services, you agree to allow our employees to access your accounts and records on a case-by-case basis to investigate complaints. We may gather system data for the purpose of optimizing the Service. This information includes, but is not limited to, data regarding memory usage, screen resolution, color palette, connection speed and efficiency. We each agree to comply with all applicable obligations, privacy and other nondisclosure policies, and legal obligations with respect to use of any such data, including, policies, laws and regulations respecting the dissemination and use of such data.

You are responsible for maintaining the confidentiality of your account numbers and passwords and for restricting access to your account numbers and passwords. You agree to accept responsibility and liability for all activities that occur under your accounts or passwords whether lawful or unlawful. You are also solely responsible for all uses of your accounts and passwords, whether or not actually or expressly authorized by you. Use of conference recording capabilities and other Service functionality may subject you to State or Federal laws or regulations (such as a requirement to notify participants that a conference is being recorded). You are solely responsible for compliance with any such laws or regulations, including but not limited to providing any required notification to participants. We do not sell products or services for children. If you are under 18, you may use our services only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Violation of Terms of Use may result in immediate deletion of your account.

Reasonable Usage

Unlimited usage rate plans assume a reasonable usage of 5,000 minutes per month. Customers on an unlimited usage plan who exceed 5,000 minutes in any given month may be subject to additional per-minute charges or may be asked to move to a different rate plan. Unlimited Conferencing reserves the right to discontinue service and close accounts that exceed the reasonable usage amount.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

UNLESS WE OTHERWISE AGREE IN WRITING, THIS SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. UC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UC DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR FREE, SECURE, VIRUS FREE, OR WITHOUT INTERRUPTION.

NEITHER OF US WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH SERVICES PROVIDED BY US (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

With respect to claims or suits by Customer, its customers, or any others, for damages relating to or arising out of acts or omissions under this Agreement, Unlimited Conferencing 's liability under this Agreement shall not exceed the total amount paid to Unlimited Conferencing hereunder in the latest three months of the Agreement prior to the claim. In the event of a technical problem in the services to Customer, UC may provide a credit to Customer, as it deems appropriate.

The provisions of this paragraph apply while this Agreement is in effect and after its termination.

Indemnification

You agree to indemnify, defend and hold harmless UC, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of UC's successors, assigns and licensees. For purposes of these "Terms and Conditions", "Unlimited Conferencing " includes entities that furnish any portion of the services provided to Customer or its customers.

Confidentiality

During the course of this Agreement, each of us may have access to confidential, proprietary or trade secret information disclosed by the other, including, without limitation, ideas, trade secrets, procedures, methods, systems, and concepts, and any information relating to the Services or System, and the underlying software, hardware, and other technology used by UC to provide the Services or System, whether disclosed orally or in writing or by any other media ("Confidential Information"). Each party (the "Receiving Party") acknowledges that the Confidential Information of the other party (the "Disclosing Party") contains valuable trade secrets and other proprietary information of the Disclosing Party and that any such Confidential Information will remain the sole and exclusive property of the Disclosing Party. Each Party will use the Confidential Information provided hereunder only for purposes directly related to the purpose for which it was provided and will further restrict disclosure of Confidential Information solely to its employees and subcontractors with a need to know, and not disclose such Confidential Information to any other parties, and otherwise protect the Confidential Information with no less restrictive measures than it uses to protect its own confidential and proprietary information. Information will not be deemed "Confidential Information" if such information: (a) was in the public domain at the time it was communicated to the Receiving Party; (b) is rightfully communicated to the Receiving Party free of any obligation of confidence subsequent to the time it was communicated to the Receiving Party; (c) was in the Receiving Party's possession free of any obligation of confidence at the time it was communicated to the Receiving Party or (d) is independently developed by the Receiving Party without reference to the Confidential Information of the Disclosing Party. Notwithstanding the above, the Receiving Party will not be in violation of this Section with regard to a disclosure that was in response to a valid order by a court or other governmental body, provided that the Receiving Party provides the Disclosing Party with prompt written notice of such disclosure where reasonably possible in order to permit the Disclosing Party to seek confidential treatment of such information.

Ownership

All rights that are not granted to you are reserved by UC. The Services, System, our technology, and any updates or improvements to the Services, System, or our technology, are owned by UC and its licensors. UC and our licensors own all copyrights, patents, trademarks, trade secrets, and other intellectual property rights relating to or residing in our Services, System and technology. You will have no right, title, or interest in or to the same. Nothing in this Agreement will be deemed to grant, by implication, or otherwise, a license under any of UC's or its licensor's, existing or future rights in or to the Services, System or our technology and any updates or improvements thereto. You understand that our Services, System and technology contain valuable software and confidential information and you agree that you will not modify, reverse engineer, decompile, create other works from, or disassemble any of our software without our prior written consent.

Trademarks

UC, UC Communications, and our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Unlimited Conferencing, Inc. UC trademarks and trade dress may not be used in connection with any product or service that is not provided or authorized in writing by UC, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits UC. All other trademarks not owned by UC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UC.

Applicable Law

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws of your actual state or country of residence.

Modification and Severability

We reserve the right to make changes to our site and policies at any time. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition well be deemed severable and will not affect the validity and enforceability of any remaining condition.