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Full Terms of Service

Preliminaries:

Entering into this agreement. The Terms of Service apply to the agreement between Infinideas, inc., the parent of the IdeaSIP Service (hereafter referred to as the Service), and You, as a user of the Service. By filling out the registration form and clicking on the 'accept' button to accept the Terms of Service, you agree to be bound by these Terms of Service and any new versions hereof.

You acknowledge and agree that by clicking on the 'accept' button, or other buttons which designate acceptance of the Terms of Service, that you hereby agree to the use of electronic communication to enter into a legally binding agreement with Infinideas, and to continue to accept electronic communication as a form of negotiating legally binding agreements for future services that may be obtained as part of the Service. You waive any rights of requirements under any laws or regulations in any jurisdiction, to the extent permitted under applicable mandatory law, which require an original or non-electronic signature or delivery or retention of non-electronic records.

If you are residing in an area or jurisdiction that limits the use of internet-based communications services, you may neither enter into this agreement nor use the Service. Furthermore, if you are residing in an area or jurisdiction that limits the use of internet-based communications services to those under a certain age and you do not meet the age requirements, you may neither enter into this agreement nor use the Service.

Indemnification. You agree to indemnify Infinideas against any and all third-party claims, actions, costs, and proceedings including, but not limited to, attorney's fees, incurred by Infinideas arising out of or relating to your violation of the Terms of Service, any applicable law or rights of any third parties and/or the misuse of the Service.

General provisions:

1.1
Warranty of services. Infinideas shall endeavor to provide the Service with a minimum of disruptions and outages. Infinideas cannot and will not, however, guarantee that the service will always function without delays, disruptions, outages, or other such annoyances. You understand that, as the Service is transmitted over the public Internet and public switched telephone network, there may be any number of outages, service disruptions, or issues which may result in packet loss and decreased voice quality over which Infinideas has no control. You also understand that calls are not encrypted and are therefore subject to the possibility of eavesdropping over the public Internet. Infinideas will not be liable for any disruption, delays, outages, eavesdropping, or other unforeseen calamities befalling the Service.

1.2
Service suspension. Infinideas maintains the right, without liability, to refuse, suspend, limit, or interrupt the Service or any portion of the Service at any time, for any reason, without any notice to you.

1.3
Not a replacement service. You acknowledge and understand that the Service is not a replacement for phone service. Important differences exist between traditional telephone service and IP-based services including, but not limited to, a lack of emergency services. Though one might assume services to be identical or even similar, this is an invalid assumption and is in no way implied by Infinideas, inc.

1.4
Change of Service features. Infinideas, inc. may, at its discretion or to keep up with technology and/or desires, make changes to portions of the Service. You acknowledge and understand that this may occur at the discretion of Infinideas, inc.and without any notice to you.

1.5
No content liability. You acknowledge and understand that Infinideas, inc. does not control, monitor, or censor the content on the Service, nor does Infinideas, inc. have access to the data which passes through the public Internet and does not go through its servers. Such content is solely the responsibility of the user from whom the communication originates. You may, therefore, be exposed to objectionable, offensive, indecent, or otherwise unwanted content as part of your use of the Service. Infinideas, inc. will not be liable for any communication disseminated via the Service. Such communication may or may not violate the User portion of the Terms of Service, but it is solely the discretion of Infinideas, inc. to determine the appropriate penalty for such violations, and Infinideas, inc. shall not be held responsible for enforcement of laws and/or regulations which may be violated as a result of such unwanted content being transmitted.

1.6
No emergency services. As mentioned in 1.3, Infinideas, inc. does not currently and may in fact never support emergency services via the Service. This includes 911, 999, 110, 119, 112, or any other emergency numbers. These numbers will not connect you to emergency services. You acknowledge and understand that Infinideas, inc. shall not be responsible for situations arising from its lack of emergency services.

User Agreement:

2.1
Appropriate Behaviour. You shall not use the Service to harass, abuse, or otherwise intimidate people over the phone. This includes, but is not limited to, unsolicited calling or SMS messaging for the purpose of advertising, prank calling, calling people that have a restraining order out on you, and probably a lot of other things unforeseen but which will be enforced with an iron fist should you abuse the Service. Furthermore, you agree to use the Service only for lawful purposes and should we be made aware of breaches in the law, we will cooperate fully with law enforcement authorities to the fullest extent possible.

2.2
Information. You acknowledge and agree that at many times, Infinideas, inc. will request information from you in order to provide the Service, and that you shall provide valid information. Under no circumstances do we collect information of those under 13 years of age (see Privacy Policy), and you acknowledge that, since information must be gathered, in order to sign up for the Service, you are at least 13 years of age or older. For further information about how we use information, please the the IdeaSIP privacy statement.

2.3
Reselling Services. You agree not to resell the Service or any portions thereof to any third party without express permission from Infinideas, inc.

2.4
Account Suspension/Termination. If you violate the Terms of Service in any way or provide invalid information, Infinideas, inc. reserves the right to suspend or terminate your account.

2.5
Misuse of Account Information. You agree to immediately notify Infinideas, inc. in writing of any unauthorised and/or fraudulent use of your account. Furthermore, you agree to indemnify Infinideas, inc. against any and all third-party claims and all related liabilities arising our of, or relating to, the misuse or unauthorised use of your account. Infinideas, inc. will not be liable for any damages resulting from the unauthorised use of your account.

2.6
Fraudulent Use of Services You agree not to use the Service to perpetrate fraud or mislead others. This includes, but is not limited to, impersonating other users, using the Service to spoof caller ID for the purpose of misleading the called party, using copyrighted and/or trademarked Instant Messaging usernames for the purpose of misleading the contacted party, using the Service to scan phone blocks or attempt to hack calling cards. Any fraudulent use of the Service is grounds for account termination.

Pricing and Services:

3.1
Limitations of Service. You understand that IdeaSIP uses the Internet for communication, and is subject to the limitations of Internet communication. These limitations include, but are not limited to breaks in connectivity, slow speeds, and other overall annoyances which may negatively affect your video, audio, or IM quality on the IdeaSIP service. Infinideas, inc. can't control the Internet. As much as we'd love to, we can't control all of the Internet. When your connection to the Internet isn't good, we can't fix it. We can empathise, and sympathise, and other -ises, but there are limitations on what we can do.

3.2
Quality. As noted in section 3.1, IdeaSIP does not control the Internet. Your connection from one end of a conversation to the other is affected by many things: your local connectivity, the many interconnections inbetween, and the recipient's local connectivity. Problems at any point could negatively affect the quality of your experience. You acknowledge that Infinideas, inc. is not responsible for any portion of the Internet over which we have no direct control which may affect the quality of your calls.

3.3
Pricing. Infinideas, Inc. buys interconnectivity from a multitude of providers, both directly and indirectly. These providers charge us fees. Sometimes, these fees change. On occasion, our prices to the customer have to change in order for us to be able to pay our providers. You understand that IdeasIN, IdeasOUT, and Virtual Presence pricing is subject to change.

3.4
Retuturn Policy. Virtual Services, such as IdeasIN and IdeasOUT services are non-refundable. There are numerous test numbers and free portions of the service which can be used for testing quality and/or compatibility before you purchase any premium services.

Up to one month from the date of purchase, we may grant a refund of any unused portion of IdeasOUT credits, but this is solely at our discretion. Any such requests should be made from the support form. We do not make refunds for individual calls that might experience issues.

IdeasIN services are non-refundable. At the discretion of Infinideas, Inc., we may extend the expiration date of the services. There are a number of free services allowing calls into the IdeaSIP service which serve to allow you to test that portion of the service before buying an IdeasIN number.

Enhanced Voicemail services may be refunded at our discretion up to one month from the date of purchase.


IdeaSIPSM is a ServiceMark of Infinideas, inc.
Copyright 2006 Infinideas, inc.