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Terms and Conditions

Terms and Conditions of Service
Service Provider Telephone services are provided by Xantek, Inc., a Nevada corporation (hereinafter “Xantek”). Xantek will provide telephone connectivity among extensions in your office and to and from the regular public switched telephone network.
Your Responsibilities You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services; (b) maintain any security of your user identification, and other confidential information relating to your Business-Phones.US account and; (c) be responsible for all charges resulting from use of your Business-Phones.US account, including unauthorized use prior to your notifying Xantek of such use and taking steps to prevent its further occurrence. User Account, Password, and Security As part of your registration process, you will be required to provide a valid email address and select a password. Once you become a registered user, your Business-Phones.US number will be automatically sent to you by email. You may change your password to protect your voicemails and faxes after logging in to the Business-Phones.US Website. You are entirely responsible for notifying Xantek of any change in your email address and for failing to maintain the confidentiality of your password, Business-Phones.US number and account information. Furthermore, you are entirely responsible for any and all activities that occur under your Business-Phones.US account. You agree to immediately notify Xantek of any unauthorized use of your Business-Phones.US account or any other breach of security known to you. Content of Transmissions You are fully responsible for the contents of your transmissions through the Services. Xantek simply acts as a passive conduit for you to send and receive information of your own choosing. Prohibited Conduct Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws or false advertising). You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind of nature; (7) not to use or reference the Services for chain letters, junk fax or junk mail, spamming or any other use of distribution lists to any person who has not given specific permission to be included in such a process;, (8) not to use the Service to attempt to gain unauthorized access to other computer systems; and (9) not to interfere with another’s use and enjoyment of the Services or similar services. Spam If you transmit or are otherwise connected with any email, fax or voice spam or other unsolicited marketing message, you agree to pay Xantek its actual damages if those damages can be reasonably calculated. If actual damages cannot be reasonably calculated, you agree to pay Xantek liquidated damages of ten dollars (US $10.00) for each piece of ‘spam’ or unsolicited marketing message transmitted from or otherwise connected with your Business-Phones.US account. You acknowledge that if actual damages cannot be reasonably calculated, these liquidated damages are a reasonable estimation of such damages and are not a penalty. You also agree that Xantek may charge such damages to your credit card or other payment method you use to pay for the Services. Prohibited Charges You agree that you are not authorized to charge products or services provided to you or at your request to the Business-Phones.US number assigned to you by Xantek and that you will not request or otherwise cause any third-party to charge any such products or services to such number. Any such charges will give Xantek the right to immediately terminate or suspend your Business-Phones.US account without notice and you further understand and agree that Xantek can immediately charge your credit card or other payment method you use to pay for the Services for these products or services.
Disclaimer of Warranties Xantek AND ITS SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” AND NEITHER Xantek NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS (“PROVIDERS”) MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. Xantek AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY OR COMPLETENESS. NEITHER Xantek NOR ITS PROVIDERS WARRANT THAT ACCESS TO OR USE OF Xantek SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT Xantek SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF Xantek, IN EVALUATING THE SERVICES OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
Limitation of Liability YOUR USE OF Xantek SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING Xantek SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM Xantek. YOU AGREE THAT NEITHER Xantek NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE ANY Xantek SOFTWARE OR SERVICES. NEITHER Xantek NOR ANY OF ITS SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES WHETHER WITHIN OR OUTSIDE Xantek’s OR ANY SUCH SERVICE PROVIDER’S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF SERVICES. YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO Xantek SOFTWARE AND SERVICES AS SET FORTH HEREIN, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF Xantek OR ANY SUCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF Xantek AND ITS PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF Xantek SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF Xantek SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S. $500.00. YOU HEREBY RELEASE Xantek AND EACH OF ITS SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
Disputes If a dispute arises out of or relates to activities conducted under this agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. All such mediation or arbitration shall be held in Santa Rosa, CA, USA.