Last Updated: August 18, 2006
Orbit Telecom ™ Voicemail Terms & Conditions
Welcome to the Orbit Telecom ™ website located at www.orbittelecom.com (the "Website"). The Website and Orbit Telecom ™ Voicemail service are brought to you by Orbit Telecom ™ ("Orbit Telecom," "we" or "us")."By using and/or accessing the Website and/or the Orbit Telecom ™ Voicemail service (the "Service"), you are agreeing to comply with, and be bound by, the following terms and conditions (the "Agreement"). Please review the following Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Website and/or Service in any manner or form, whatsoever.
Orbit Telecom ™ SERVICE IS ONLY AVAILABLE TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER.
1. Acceptance of Agreement. This Agreement constitutes the entire agreement between you and Orbit Telecom ™ and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website and/or Service. Orbit Telecom ™ may, from time to time and in its sole discretion, modify this Agreement. In such a case, Orbit Telecom ™ will post a copy of the amended Agreement on the Website. If you do not fully agree to any amended Agreement, your only remedy is to stop using the Website and/or cancel your Orbit Telecom ™ Voicemail Service account ("Account"). The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website and/or Service. By your continued use of the Website and/or Service, you hereby agree to all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for any updates and/or changes. If you utilize the Service in a manner inconsistent with this Agreement, Orbit Telecom ™ may terminate your access to the Service, block your future access to the Service and/or seek such additional relief available to us.
2. Description of Service. The Service consists of a remote voicemail service platform, which provides Account holders ("Members") with the capability to receive voicemail messages by telephone, electronic mail ("e-mail") and through the Website. The Service also allows Members to use certain features ("Features") associated with the Service, including greeting personalization and the ability to listen to voicemail messages by telephone, e-mail and/or through the Website. Unless explicitly stated otherwise, any future Features available to Members that augment or enhance the current Service shall be subject to this Agreement. In order to access and/or use certain Features, you must obtain telephone, Internet and/or e-mail service and pay any service fees associated with such services. In addition, you must supply all equipment necessary to access such services including, without limitation, a personal computer, modem, telephone and/or other access device at your sole cost and expense. You understand and agree that Orbit Telecom ™ is not responsible or liable in any manner whatsoever for your inability to access and/or use the Service or any associated functionality. Notwithstanding anything contained herein to the contrary, you understand and agree that Orbit Telecom ™ reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You further understand and agree that Orbit Telecom ™ shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. You acknowledge that Orbit Telecom ™ may establish general practices and limits concerning use of the Service including, without limitation, the: (a) maximum number of "800" telephone numbers assigned to the same mailbox; (b) maximum number of days your Account transaction information will be retained by the Service; (c) maximum number of voicemail messages that may be sent from or received by an Account; (d) maximum length and/or size of any voicemail messages that may be sent from or received by an Account; (e) maximum disk space that will be allotted on our servers for your Account; and (f) maximum number of times (and the maximum duration for which) you may access and/or use the Service in a given period of time. You agree to take no actions that impose an unreasonable or disproportionately large load on the resources of Orbit Telecom ™ (as determined solely by Orbit Telecom ™ in light of the load imposed by other Members). You agree that the unsolicited distribution of commercial voicemail messages ("Junk Messages") through the Service is prohibited and Orbit Telecom ™ may, in its sole discretion, with or without notice to you, use technology intended to eliminate delivery of such Junk Messages.
3. Telephone Numbers. You obtain no rights to any telephone number and /or access code assigned to your Service account by Orbit Telecom ™ (including, without limitation, any and all "800" telephone number(s)). You understand and agree that other Subscribers may be using the same telephone number(s) to access their voicemail boxes. Orbit Telecom ™ is the sole owner of all such telephone numbers. Furthermore, you agree that, following the termination of Service for any reason whatsoever, such telephone number(s) and/or access codes may be immediately reassigned to another Member by Orbit Telecom ™, in its sole discretion.
4. Registration/Account. To obtain an Account and become a Member, you must first submit your registration to Orbit Telecom ™ for approval. Orbit Telecom ™ reserves the right, in its sole discretion, to deny an Account to anyone and for any reason, whatsoever. In addition, Orbit Telecom ™ retains the right to discontinue providing the Service to any Member for any reason or no reason. If Orbit Telecom ™ denies you an Account, you are ineligible for any Promotion, as defined in Section 7, hereinbelow. The registration data that you must supply to obtain an Account includes, without limitation, your full name, e-mail address, mailing address, telephone number, password, a personal identification number ("PIN") and payment-related information for billing purposes (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. You must have the authority to incur charges to a local telephone bill to obtain an Account. Orbit Telecom ™ will verify and approve all Accounts in accordance with its standard verification procedures. If you are approved for an Account, Orbit Telecom ™ will notify you of same via e-mail. This activation e-mail will be sent to the e-mail address that you supplied in your Registration Data, and will contain complete Service operating instructions and customer service contact information. In addition, the activation e-mail will contain your mailbox number (assigned by Orbit Telecom ™), access code and PIN (collectively, the "Login"). You must keep this Login strictly confidential. For security reasons, Orbit Telecom ™ will not release a PIN for any reason, other than to the applicable Member, except as may be specifically required by law or court order. You agree that you will not authorize and/or permit others to use your Account and Orbit Telecom ™ shall not be responsible for any unauthorized use of your Account. Please be advised that you are solely responsible for all activities that occur with respect to your Login. Furthermore, unauthorized use of the Service is a breach of this Agreement, a violation of applicable law and subject to your obligations of indemnification as set forth in Section 12, hereinbelow. Although Orbit Telecom ™ has no obligations arising therefrom, you agree to immediately notify Orbit Telecom ™ of any unauthorized use of your Login and/or Account. You may use your Account only for so long as you remain a customer in good standing. You agree that you continue to be responsible to Orbit Telecom ™ for any and all charges resulting from the use of your Account, even after your Account is terminated.
5. Pricing and Billing of the Service. You agree to be bound by the pricing and billing practices of Orbit Telecom ™ in effect at any given time. All charges are payable in United States currency and are exclusive of any value added tax, sales tax or other taxes, except as required by law. All charges billed by Orbit Telecom ™ will appear on your local telephone bill. However, Orbit Telecom ™ and your local telephone company are not affiliated. In connection with receiving an Account, we will bill you a monthly charge of $14.95. All charges associated with your Account will be billed on your local telephone bill on the ESBI bill page on behalf of "Orbit Telecom ™". Orbit Telecom ™ reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. If Orbit Telecom ™ deems the change to be material, we will make reasonable efforts, such as sending you an e-mail or posting at the Website, to notify you of such change. Failure to use the Service does not constitute a basis for refusing to pay any of the monthly charges. So long as your Account is open, you will be billed, and you will pay, all applicable charges.
6. Termination/Cancellation. You agree that Orbit Telecom ™, in its sole discretion, may terminate your Account (or any part thereof) and remove and/or discard any of your voicemail messages within the Service, for any reason whatsoever, including, without limitation: (a) if Orbit Telecom ™ believes that you are in breach of the Agreement; (b) if you provide incomplete, inaccurate or untrue Registration Data to Orbit Telecom ™; or (c) if Orbit Telecom ™ decides to discontinue offering the Service. You may cancel your Account at any time. Upon cancellation, you shall have no further right to use the Service and Orbit Telecom ™ will have no obligation to forward any unsent, unread and/or stored voicemail messages to you or any third party. You understand and agree that cancellation of your Account is your sole right and remedy with respect to any dispute with Orbit Telecom ™. Upon any termination and/or cancellation of the Service and/or your Account, your license grant as set forth herein shall immediately terminate.
7. Promotions. This Section 7 sets forth additional terms and conditions applicable to various promotions offered in connection with the Service (each, a "Promotion"). You are only eligible for one (1) Promotion per Account, in the aggregate. Furthermore, you are ineligible to redeem any Promotional offers if you cancel your Account during the Rescission Period (as defined in Section 8).
a. The free magazine subscription promotion (the "Magazine Promotion") is a limited time offer and will expire on or before December 31, 2004, unless otherwise extended by Orbit Telecom ™. Under the Magazine Promotion, all new Members with Accounts in good standing will receive a voucher good for a one-year subscription to a single magazine title from a select group of popular titles. Approximately six (6) weeks after the end of your Rescission Period (as defined in Section 8, hereinbelow), you will receive one (1) Magazine Promotion voucher with additional details, terms and conditions associated with the Magazine Promotion.
b. The $500 shopping spreeme Promotion (the "spreeme Promotion") is a limited time offer and will expire on or before December 31, 2008, unless otherwise extended by Orbit Telecom ™. Under the spreeme Promotion, you will receive a free $500 gift certificate redeemable solely at the www.spreeme.com Internet shopping website. Within twenty-four (24) hours following your registration for the Service, if Orbit Telecom ™ approves your application, you will receive an e-mail containing a link to obtain the pass code for use at the www.spreeme.com website, along with additional details, terms and conditions associated with the spreeme Promotion and instructions and details associated with the Voicemail Service. There are shipping and handling costs associated with most of the products available at the www.spreeme.com website. An unaffiliated third-party service provider operates and fulfills the spreeme Promotion and, accordingly, Orbit Telecom ™ shall have no liability arising in connection with the spreeme Promotion. To view the particular terms and conditions associated with the spreeme Promotion, please click here.
c. The $25 dining certificate Promotion (the "Dining Dough Promotion") is a limited time offer and will expire on or before December 31, 2007, unless otherwise extended by Orbit Telecom ™. Under the Dining Dough Promotion, you will receive one (1) free $25 restaurant certificate after Account registration and commencement of billing on your Account and one (1) free $25 restaurant certificate for each additional month that your Account remains fully paid and active. The $25 restaurant certificates are redeemable at hundreds of local restaurants that participate in the Dining Dough Promotion. After you have registered for an Account and received approval of your registration from Orbit Telecom ™, and approximately one (1) week after the end of your Rescission Period, you will receive an e-mail that contains a redemption code for your first month´s $25 dining certificate for use at the Dining Dough Promotion website, along with additional details, and terms and conditions associated with the Dining Dough Promotion. Thereafter, approximately one (1) week after each additional month that the Dining Dough Promotion remains in effect, and while your Account remains fully paid and active, you will receive an e-mail containing a redemption code for an additional $25 dining certificate. Each $25 dining certificate shall have a designated purchase date. The $25 dining certificates shall become null and void on the one (1) year anniversary of the applicable purchase date. An unaffiliated third-party service provider operates and fulfills the Dining Dough Promotion and, accordingly, Orbit Telecom ™ shall have no liability arising in connection with the Dining Dough Promotion. To view the particular terms and conditions associated with the Dining Dough Promotion, click here.
d. The $1,000 restaurant coupon promotion (the “restaurant promotion”) is a limited time offer and will expire on or before December 31, 2008, unless otherwise extended by Orbit Telecom. Under the Restaurant Promotion, you will receive $1,000 in restaurant coupons redeemable solely at www.hotmealscooldeals.com Internet shopping website. Within twenty-four(24) hours following your registration for the Service, if Orbit Telecom approves your application, you will receive an e-mail containing a link to obtain the authorization number and pin number for use at the www.hotmealscooldeals.com website, along with additional details associated with the Voicemail Service. There are shipping and handling costs associated with most of the restaurants available at the www.hotmealscooldeals.com website. An unaffiliated third-party service provider operates and fulfills the Restaurant Promotion and, accordingly, Orbit Telecom shall have no liability arising in connection with the Restaurant Promotion. To view the particular terms and conditions associated with the Restaurant Promotion, please CLICK HERE.
e. $100 Gift Card. Within 24 hours following your approved application for a Subscription, you will receive an e-mail containing a link for the $100 gift card promotion. You must click on the link and follow the instruction on the sign-up page. The $100 gift card will be mailed to you at the address you provide.
8. Rescission Period. If you cancel your Account within 72 hours from the date/time displayed on your activation e-mail ("Rescission Period") by calling our toll free customer service number at (800) 263-0206 or canceling at the Website by going to http://www.orbittelecom.com/cancel.cfm, we will not charge the monthly fee to your telephone bill and your Account will be canceled (Rescission Period for Sprint customers is 7 days). If you do not cancel within the Rescission Period, you will be billed a monthly fee of $14.95 until you cancel your account, or we terminate, your Account. After the Rescission Period, you may cancel your Account at any time and not incur any future charges to your telephone bill. However, we will not refund any fees previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid charges billed by Orbit Telecom ™ to your local telephone bill. If you cancel your Account within the Rescission Period, you are ineligible for any Promotion.
9. License Grant. As a visitor to the Website and/or Member of the Service, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website (and its associated content) and/or the Service, respectively, in accordance with this Agreement. Orbit Telecom ™ may terminate this license at any time for any reason, whatsoever. You may use the Website and/or Service on one computer for your own personal, non-commercial use. No part of the Website and/or Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website and/or Service, Website content or any portion thereof. Orbit Telecom ™ reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Service. You may not take any action that imposes an unreasonable or disproportionately large load on the Orbit Telecom ™ infrastructure. As a Website visitor, your license is provided solely for access to the Website in order to obtain information about the Service and to register for an Account. Website visitors are not authorized to access any content and/or data available to Members.
10. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website and/or Service is protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website and/or Service is strictly prohibited. You do not acquire ownership rights to any content, document, software, services and/or other materials downloaded, previewed and/or viewed at or through the Website and/or Service. The posting of information and/or material at the Website and/or Service by Orbit Telecom ™ does not constitute a waiver of any right in such information and/or materials.
11. Privacy Policy. Use of the Website and/or Service is subject to our Privacy Policy, which is hereby incorporated into, and made part of, this Agreement. We reserve the right, and you authorize us, to use and assign all information regarding your Website and/or Service use and any and all other personal information provided by you in any manner consistent with our Privacy Policy. To view our Privacy Policy, click here.
12. Indemnification. You agree to indemnify and hold Orbit Telecom ™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website and/or Service; (b) your breach of this Agreement; (c) your violation of any rights of another Member, individual and/or entity; and/or (d) your violation of any laws, rules or regulations prohibiting transmission of unsolicited voice mail.
13. Disclaimer of Warranties. THE WEBSITE AND/OR SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Orbit Telecom ™ MAKES NO WARRANTY THAT: (A) THE WEBSITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS: (B) THE WEBSITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR SERVICE WILL BE ACCURATE OR RELIABLE; AND (D) THE QUALITY OF TRANSMISSION OF VOICEMAIL DATA WILL BE ACCURATE, LEGIBLE AND/OR AUDIBLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Orbit Telecom ™ ASSUMES NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE, VOICEMAIL MESSAGES AND ANY OTHER PERSONALIZATION SETTINGS IN RELATION TO THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Orbit Telecom ™, OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE WEBSITE AND/OR SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Orbit Telecom ™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE AND/OR THE VOICEMAIL PRODUCT.
14. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Orbit Telecom ™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Orbit Telecom ™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS THE CANCELLATION OF YOUR ACCOUNT. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Orbit Telecom ™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE SERVICE IN THE SINGLE MONTH PRIOR TO THE DATE THAT THE CAUSE OF ACTION ACCRUED. YOU HEREBY RELEASE Orbit Telecom ™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 14. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THIS WEBSITE AND/OR SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
15. Third Party Websites. The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because Orbit Telecom ™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Orbit Telecom â„¢ is not responsible for the availability of such third party websites and/or resources. Furthermore, Orbit Telecom â„¢ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising there from.
16. Injunctive Relief. You agree that any unauthorized use of the Website and/or Service would result in irreparable injury to Orbit Telecom ™ for which money damages would be inadequate. In such event, Orbit Telecom â„¢ shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against you and/or any unauthorized user. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory, or other claims that Orbit Telecom ™ may have under separate legal, authority.
17. Legal Warning. Any attempt by any individual, whether or not an Orbit Telecom ™ Member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website and/or Service, is a violation of criminal and civil law and Orbit Telecom ™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
18. Miscellaneous. This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement is personal between you and Orbit Telecom ™ and governs your use of the Website and/or Service, superseding any and all prior and/or contemporaneous agreements between you and Orbit Telecom ™. This Agreement is not transferable and any attempt by you to rent, lease, sublicense, assign or transfer any of the rights, duties and/or obligations here under is void at its inception. To the extent that anything in or associated with the Website and/or Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.
19. Customer Service. If you have any questions or want to cancel your Account, please contact our customer service department toll-free at (800) 263-0206.
AUTHORIZATION
BY OBTAINING, OR ATTEMPTING TO OBTAIN, AN Orbit Telecom ™ VOICEMAIL ACCOUNT, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE AUTHORIZED TO INCUR CHARGES ON THE TELEPHONE ACCOUNT SUPPLIED AS A PART OF YOUR APPLICATION TO PURCHASE THE SERVICE.
Orbit Telecom ™ Voicemail Terms & Conditions
Welcome to the Orbit Telecom ™ website located at www.orbittelecom.com (the "Website"). The Website and Orbit Telecom ™ Voicemail service are brought to you by Orbit Telecom ™ ("Orbit Telecom," "we" or "us")."By using and/or accessing the Website and/or the Orbit Telecom ™ Voicemail service (the "Service"), you are agreeing to comply with, and be bound by, the following terms and conditions (the "Agreement"). Please review the following Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Website and/or Service in any manner or form, whatsoever.
Orbit Telecom ™ SERVICE IS ONLY AVAILABLE TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER.
1. Acceptance of Agreement. This Agreement constitutes the entire agreement between you and Orbit Telecom ™ and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website and/or Service. Orbit Telecom ™ may, from time to time and in its sole discretion, modify this Agreement. In such a case, Orbit Telecom ™ will post a copy of the amended Agreement on the Website. If you do not fully agree to any amended Agreement, your only remedy is to stop using the Website and/or cancel your Orbit Telecom ™ Voicemail Service account ("Account"). The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website and/or Service. By your continued use of the Website and/or Service, you hereby agree to all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for any updates and/or changes. If you utilize the Service in a manner inconsistent with this Agreement, Orbit Telecom ™ may terminate your access to the Service, block your future access to the Service and/or seek such additional relief available to us.
2. Description of Service. The Service consists of a remote voicemail service platform, which provides Account holders ("Members") with the capability to receive voicemail messages by telephone, electronic mail ("e-mail") and through the Website. The Service also allows Members to use certain features ("Features") associated with the Service, including greeting personalization and the ability to listen to voicemail messages by telephone, e-mail and/or through the Website. Unless explicitly stated otherwise, any future Features available to Members that augment or enhance the current Service shall be subject to this Agreement. In order to access and/or use certain Features, you must obtain telephone, Internet and/or e-mail service and pay any service fees associated with such services. In addition, you must supply all equipment necessary to access such services including, without limitation, a personal computer, modem, telephone and/or other access device at your sole cost and expense. You understand and agree that Orbit Telecom ™ is not responsible or liable in any manner whatsoever for your inability to access and/or use the Service or any associated functionality. Notwithstanding anything contained herein to the contrary, you understand and agree that Orbit Telecom ™ reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You further understand and agree that Orbit Telecom ™ shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. You acknowledge that Orbit Telecom ™ may establish general practices and limits concerning use of the Service including, without limitation, the: (a) maximum number of "800" telephone numbers assigned to the same mailbox; (b) maximum number of days your Account transaction information will be retained by the Service; (c) maximum number of voicemail messages that may be sent from or received by an Account; (d) maximum length and/or size of any voicemail messages that may be sent from or received by an Account; (e) maximum disk space that will be allotted on our servers for your Account; and (f) maximum number of times (and the maximum duration for which) you may access and/or use the Service in a given period of time. You agree to take no actions that impose an unreasonable or disproportionately large load on the resources of Orbit Telecom ™ (as determined solely by Orbit Telecom ™ in light of the load imposed by other Members). You agree that the unsolicited distribution of commercial voicemail messages ("Junk Messages") through the Service is prohibited and Orbit Telecom ™ may, in its sole discretion, with or without notice to you, use technology intended to eliminate delivery of such Junk Messages.
3. Telephone Numbers. You obtain no rights to any telephone number and /or access code assigned to your Service account by Orbit Telecom ™ (including, without limitation, any and all "800" telephone number(s)). You understand and agree that other Subscribers may be using the same telephone number(s) to access their voicemail boxes. Orbit Telecom ™ is the sole owner of all such telephone numbers. Furthermore, you agree that, following the termination of Service for any reason whatsoever, such telephone number(s) and/or access codes may be immediately reassigned to another Member by Orbit Telecom ™, in its sole discretion.
4. Registration/Account. To obtain an Account and become a Member, you must first submit your registration to Orbit Telecom ™ for approval. Orbit Telecom ™ reserves the right, in its sole discretion, to deny an Account to anyone and for any reason, whatsoever. In addition, Orbit Telecom ™ retains the right to discontinue providing the Service to any Member for any reason or no reason. If Orbit Telecom ™ denies you an Account, you are ineligible for any Promotion, as defined in Section 7, hereinbelow. The registration data that you must supply to obtain an Account includes, without limitation, your full name, e-mail address, mailing address, telephone number, password, a personal identification number ("PIN") and payment-related information for billing purposes (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. You must have the authority to incur charges to a local telephone bill to obtain an Account. Orbit Telecom ™ will verify and approve all Accounts in accordance with its standard verification procedures. If you are approved for an Account, Orbit Telecom ™ will notify you of same via e-mail. This activation e-mail will be sent to the e-mail address that you supplied in your Registration Data, and will contain complete Service operating instructions and customer service contact information. In addition, the activation e-mail will contain your mailbox number (assigned by Orbit Telecom ™), access code and PIN (collectively, the "Login"). You must keep this Login strictly confidential. For security reasons, Orbit Telecom ™ will not release a PIN for any reason, other than to the applicable Member, except as may be specifically required by law or court order. You agree that you will not authorize and/or permit others to use your Account and Orbit Telecom ™ shall not be responsible for any unauthorized use of your Account. Please be advised that you are solely responsible for all activities that occur with respect to your Login. Furthermore, unauthorized use of the Service is a breach of this Agreement, a violation of applicable law and subject to your obligations of indemnification as set forth in Section 12, hereinbelow. Although Orbit Telecom ™ has no obligations arising therefrom, you agree to immediately notify Orbit Telecom ™ of any unauthorized use of your Login and/or Account. You may use your Account only for so long as you remain a customer in good standing. You agree that you continue to be responsible to Orbit Telecom ™ for any and all charges resulting from the use of your Account, even after your Account is terminated.
5. Pricing and Billing of the Service. You agree to be bound by the pricing and billing practices of Orbit Telecom ™ in effect at any given time. All charges are payable in United States currency and are exclusive of any value added tax, sales tax or other taxes, except as required by law. All charges billed by Orbit Telecom ™ will appear on your local telephone bill. However, Orbit Telecom ™ and your local telephone company are not affiliated. In connection with receiving an Account, we will bill you a monthly charge of $14.95. All charges associated with your Account will be billed on your local telephone bill on the ESBI bill page on behalf of "Orbit Telecom ™". Orbit Telecom ™ reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. If Orbit Telecom ™ deems the change to be material, we will make reasonable efforts, such as sending you an e-mail or posting at the Website, to notify you of such change. Failure to use the Service does not constitute a basis for refusing to pay any of the monthly charges. So long as your Account is open, you will be billed, and you will pay, all applicable charges.
6. Termination/Cancellation. You agree that Orbit Telecom ™, in its sole discretion, may terminate your Account (or any part thereof) and remove and/or discard any of your voicemail messages within the Service, for any reason whatsoever, including, without limitation: (a) if Orbit Telecom ™ believes that you are in breach of the Agreement; (b) if you provide incomplete, inaccurate or untrue Registration Data to Orbit Telecom ™; or (c) if Orbit Telecom ™ decides to discontinue offering the Service. You may cancel your Account at any time. Upon cancellation, you shall have no further right to use the Service and Orbit Telecom ™ will have no obligation to forward any unsent, unread and/or stored voicemail messages to you or any third party. You understand and agree that cancellation of your Account is your sole right and remedy with respect to any dispute with Orbit Telecom ™. Upon any termination and/or cancellation of the Service and/or your Account, your license grant as set forth herein shall immediately terminate.
7. Promotions. This Section 7 sets forth additional terms and conditions applicable to various promotions offered in connection with the Service (each, a "Promotion"). You are only eligible for one (1) Promotion per Account, in the aggregate. Furthermore, you are ineligible to redeem any Promotional offers if you cancel your Account during the Rescission Period (as defined in Section 8).
a. The free magazine subscription promotion (the "Magazine Promotion") is a limited time offer and will expire on or before December 31, 2004, unless otherwise extended by Orbit Telecom ™. Under the Magazine Promotion, all new Members with Accounts in good standing will receive a voucher good for a one-year subscription to a single magazine title from a select group of popular titles. Approximately six (6) weeks after the end of your Rescission Period (as defined in Section 8, hereinbelow), you will receive one (1) Magazine Promotion voucher with additional details, terms and conditions associated with the Magazine Promotion.
b. The $500 shopping spreeme Promotion (the "spreeme Promotion") is a limited time offer and will expire on or before December 31, 2008, unless otherwise extended by Orbit Telecom ™. Under the spreeme Promotion, you will receive a free $500 gift certificate redeemable solely at the www.spreeme.com Internet shopping website. Within twenty-four (24) hours following your registration for the Service, if Orbit Telecom ™ approves your application, you will receive an e-mail containing a link to obtain the pass code for use at the www.spreeme.com website, along with additional details, terms and conditions associated with the spreeme Promotion and instructions and details associated with the Voicemail Service. There are shipping and handling costs associated with most of the products available at the www.spreeme.com website. An unaffiliated third-party service provider operates and fulfills the spreeme Promotion and, accordingly, Orbit Telecom ™ shall have no liability arising in connection with the spreeme Promotion. To view the particular terms and conditions associated with the spreeme Promotion, please click here.
c. The $25 dining certificate Promotion (the "Dining Dough Promotion") is a limited time offer and will expire on or before December 31, 2007, unless otherwise extended by Orbit Telecom ™. Under the Dining Dough Promotion, you will receive one (1) free $25 restaurant certificate after Account registration and commencement of billing on your Account and one (1) free $25 restaurant certificate for each additional month that your Account remains fully paid and active. The $25 restaurant certificates are redeemable at hundreds of local restaurants that participate in the Dining Dough Promotion. After you have registered for an Account and received approval of your registration from Orbit Telecom ™, and approximately one (1) week after the end of your Rescission Period, you will receive an e-mail that contains a redemption code for your first month´s $25 dining certificate for use at the Dining Dough Promotion website, along with additional details, and terms and conditions associated with the Dining Dough Promotion. Thereafter, approximately one (1) week after each additional month that the Dining Dough Promotion remains in effect, and while your Account remains fully paid and active, you will receive an e-mail containing a redemption code for an additional $25 dining certificate. Each $25 dining certificate shall have a designated purchase date. The $25 dining certificates shall become null and void on the one (1) year anniversary of the applicable purchase date. An unaffiliated third-party service provider operates and fulfills the Dining Dough Promotion and, accordingly, Orbit Telecom ™ shall have no liability arising in connection with the Dining Dough Promotion. To view the particular terms and conditions associated with the Dining Dough Promotion, click here.
d. The $1,000 restaurant coupon promotion (the “restaurant promotion”) is a limited time offer and will expire on or before December 31, 2008, unless otherwise extended by Orbit Telecom. Under the Restaurant Promotion, you will receive $1,000 in restaurant coupons redeemable solely at www.hotmealscooldeals.com Internet shopping website. Within twenty-four(24) hours following your registration for the Service, if Orbit Telecom approves your application, you will receive an e-mail containing a link to obtain the authorization number and pin number for use at the www.hotmealscooldeals.com website, along with additional details associated with the Voicemail Service. There are shipping and handling costs associated with most of the restaurants available at the www.hotmealscooldeals.com website. An unaffiliated third-party service provider operates and fulfills the Restaurant Promotion and, accordingly, Orbit Telecom shall have no liability arising in connection with the Restaurant Promotion. To view the particular terms and conditions associated with the Restaurant Promotion, please CLICK HERE.
e. $100 Gift Card. Within 24 hours following your approved application for a Subscription, you will receive an e-mail containing a link for the $100 gift card promotion. You must click on the link and follow the instruction on the sign-up page. The $100 gift card will be mailed to you at the address you provide.
8. Rescission Period. If you cancel your Account within 72 hours from the date/time displayed on your activation e-mail ("Rescission Period") by calling our toll free customer service number at (800) 263-0206 or canceling at the Website by going to http://www.orbittelecom.com/cancel.cfm, we will not charge the monthly fee to your telephone bill and your Account will be canceled (Rescission Period for Sprint customers is 7 days). If you do not cancel within the Rescission Period, you will be billed a monthly fee of $14.95 until you cancel your account, or we terminate, your Account. After the Rescission Period, you may cancel your Account at any time and not incur any future charges to your telephone bill. However, we will not refund any fees previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid charges billed by Orbit Telecom ™ to your local telephone bill. If you cancel your Account within the Rescission Period, you are ineligible for any Promotion.
9. License Grant. As a visitor to the Website and/or Member of the Service, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website (and its associated content) and/or the Service, respectively, in accordance with this Agreement. Orbit Telecom ™ may terminate this license at any time for any reason, whatsoever. You may use the Website and/or Service on one computer for your own personal, non-commercial use. No part of the Website and/or Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website and/or Service, Website content or any portion thereof. Orbit Telecom ™ reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Service. You may not take any action that imposes an unreasonable or disproportionately large load on the Orbit Telecom ™ infrastructure. As a Website visitor, your license is provided solely for access to the Website in order to obtain information about the Service and to register for an Account. Website visitors are not authorized to access any content and/or data available to Members.
10. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website and/or Service is protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website and/or Service is strictly prohibited. You do not acquire ownership rights to any content, document, software, services and/or other materials downloaded, previewed and/or viewed at or through the Website and/or Service. The posting of information and/or material at the Website and/or Service by Orbit Telecom ™ does not constitute a waiver of any right in such information and/or materials.
11. Privacy Policy. Use of the Website and/or Service is subject to our Privacy Policy, which is hereby incorporated into, and made part of, this Agreement. We reserve the right, and you authorize us, to use and assign all information regarding your Website and/or Service use and any and all other personal information provided by you in any manner consistent with our Privacy Policy. To view our Privacy Policy, click here.
12. Indemnification. You agree to indemnify and hold Orbit Telecom ™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website and/or Service; (b) your breach of this Agreement; (c) your violation of any rights of another Member, individual and/or entity; and/or (d) your violation of any laws, rules or regulations prohibiting transmission of unsolicited voice mail.
13. Disclaimer of Warranties. THE WEBSITE AND/OR SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Orbit Telecom ™ MAKES NO WARRANTY THAT: (A) THE WEBSITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS: (B) THE WEBSITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR SERVICE WILL BE ACCURATE OR RELIABLE; AND (D) THE QUALITY OF TRANSMISSION OF VOICEMAIL DATA WILL BE ACCURATE, LEGIBLE AND/OR AUDIBLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Orbit Telecom ™ ASSUMES NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE, VOICEMAIL MESSAGES AND ANY OTHER PERSONALIZATION SETTINGS IN RELATION TO THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Orbit Telecom ™, OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE WEBSITE AND/OR SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Orbit Telecom ™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE AND/OR THE VOICEMAIL PRODUCT.
14. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Orbit Telecom ™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Orbit Telecom ™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS THE CANCELLATION OF YOUR ACCOUNT. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Orbit Telecom ™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE SERVICE IN THE SINGLE MONTH PRIOR TO THE DATE THAT THE CAUSE OF ACTION ACCRUED. YOU HEREBY RELEASE Orbit Telecom ™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 14. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THIS WEBSITE AND/OR SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
15. Third Party Websites. The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because Orbit Telecom ™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Orbit Telecom â„¢ is not responsible for the availability of such third party websites and/or resources. Furthermore, Orbit Telecom â„¢ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising there from.
16. Injunctive Relief. You agree that any unauthorized use of the Website and/or Service would result in irreparable injury to Orbit Telecom ™ for which money damages would be inadequate. In such event, Orbit Telecom â„¢ shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against you and/or any unauthorized user. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory, or other claims that Orbit Telecom ™ may have under separate legal, authority.
17. Legal Warning. Any attempt by any individual, whether or not an Orbit Telecom ™ Member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website and/or Service, is a violation of criminal and civil law and Orbit Telecom ™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
18. Miscellaneous. This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement is personal between you and Orbit Telecom ™ and governs your use of the Website and/or Service, superseding any and all prior and/or contemporaneous agreements between you and Orbit Telecom ™. This Agreement is not transferable and any attempt by you to rent, lease, sublicense, assign or transfer any of the rights, duties and/or obligations here under is void at its inception. To the extent that anything in or associated with the Website and/or Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.
19. Customer Service. If you have any questions or want to cancel your Account, please contact our customer service department toll-free at (800) 263-0206.
AUTHORIZATION
BY OBTAINING, OR ATTEMPTING TO OBTAIN, AN Orbit Telecom ™ VOICEMAIL ACCOUNT, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE AUTHORIZED TO INCUR CHARGES ON THE TELEPHONE ACCOUNT SUPPLIED AS A PART OF YOUR APPLICATION TO PURCHASE THE SERVICE.