hereUare Connected

Please read the terms and conditions of this Voice Over Internet Protocol ("VoIP") Service Agreement ("Agreement") before purchasing VoIP Services from hereUare, Inc. ("hereUare"). This Agreement is binding and shall govern the relationship between you (hereinafter referred to as "You" or "Customer") and hereUare with respect to its VoIP Services (Customer and hereUare are collectively referred to as the "Parties")

Acceptance of This Agreement
- 1.1 You acknowledge and agree that by clicking on the ACCEPT button, or similar buttons or links as may be designated by hereUare to show your approval of any foregoing text, You are entering into a legally binding contract with hereUare and You are agreeing to all the foregoing terms and conditions of this Agreement. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and to the electronic delivery of notices, policies and records of transactions initiated or completed through the VoIP Services. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction, to the extent permitted under applicable law, which require an original (non-electronic) signature or delivery or retention of non-electronic records.
- 1.2 "VoIP" or "VoIP Services" means the in state, state-to-state and international telecommunications VoIP Services and or any VoIP Devices or Software provided by hereUare in which You are enrolled or use pursuant to this Agreement. This Agreement does not cover VoIP Services offered by other affiliates of hereUare. The VoIP Services covered in this Agreement are subject to availability and may not be available at all locations. hereUare may from time to time discontinue certain VoIP Services, subject to applicable law and regulation, with or without notice, in its sole discretion.
- 1.3 You agree to be bound by this Agreement and to use the VoIP Services only in compliance with this Agreement and other hereUare policies posted from time to time in its sole discretion on its website at http://connected.hereuare.com (the "Website). However, this Agreement shall control should there be any conflict between the terms of this Agreement and any policies posted on the Website.
- 1.4 hereUare may change or modify this Agreement at any time in its sole discretion. Such changes or modifications will be effective immediately upon posting of the same on the Website. You should review the Website periodically for changes to the Agreement.
VoIP Service Usage
- 2.1 Customer responsibility. VoIP Services furnished by hereUare may be used for the transmission of communications by You or by someone that You authorize to use your VoIP Services. You are responsible for all usage and associated fees for the VoIP Services, whether or not You have authorized such usage. The VoIP Services are provided only for your use (or those authorized by You), and You may not resell, assign, or transfer your rights associated with the VoIP Services without prior written consent from hereUare. The VoIP Services provided pursuant to this Agreement are offered subject to the availability of facilities and the other provisions of this Agreement.
- 2.2 Customers. Each individual customer of hereUare VoIP Services must be at least eighteen years old or, in the case of a minor, have the consent of his or her parents or legal guardian. Each customer who is an individual must and hereby does certify that he or she is at least eighteen years old, or, in the case of a minor, that he or she has the consent of his or her parents or legal guardian. Customer assumes all responsibility for the use of the VoIP Services and his, her or its account by underage users. You agree and represent that You are purchasing the VoIP services and/ or any VoIP devices or Software for your own personal or company internal use only, and shall not resell any VoIP Services or equipment or components thereof.
- 2.3 Technical Support. hereUare provides remote customer technical support for its VoIP services and/ or any VoIP devices or Software on an as available basis. Technical support is available solely via email at support@hereuare.net. Such support does not include other applications and uses that are out of the intended use of hereUare Connected's VoIP Services and or any VoIP Devices or Software.
- 2.4 Prohibited Uses. Any use of the VoIP Services or any other action that causes a disruption in the network integrity of hereUare or its vendors, whether directly or indirectly, is strictly prohibited and can result in termination of your VoIP Services. You understand that neither hereUare nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the VoIP Services. You agree to not use the VoIP Services in way that violates any laws, infringes the rights of others, or interferes with the customers, VoIP Services, or equipment of the hereUare network. Furthermore, You also agree to use the VoIP Services consistent with the Acceptable Use provisions set forth below.
  
  Privacy. The VoIP Services utilize the Internet and third party networks to transmit your voice, facsimile and other communications. hereUare is not liable for any invasion of privacy that may be experienced with regard to the VoIP Services. Please refer to hereUare's Privacy Policy at: http://connected.hereuare.com/company/privacy_policy.html. Such policy is incorporated herein by reference.
Payment Obligations
- 3.1 Fees for the VoIP Services will be posted on the Website. hereUare may change or modify its fees at any time in its sole discretion. Such changes or modifications will be effective immediately upon posting of the same on the Website. You should review the Website periodically for any fees changes. You must further provide hereUare with accurate and complete billing information including correct name, and credit card/ billing information.
- 3.2 VoIP Services long distance fees are paid in advance of using the VoIP Services. Toll charges and any other applicable charges are debited from your account after each billable use of the VoIP Services. Call times are rounded up to the next whole minute and billed in full minute increments on a per call basis. Per call charges are rounded up to the next whole cent.
- 3.3 Any VoIP Services fee are initiated as of the activation date of your account. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. However, Customer must pay all charges, including disputed charges, when payment is due hereUare. Customer has no right of offset. Adjustments, if any, to charges that are disputed shall be made in the sole discretion of hereUare. Notwithstanding the above, adjustment will not be made for charges that are not disputed within thirty (30) days of the billing date. hereUare is not responsible for any charges or expenses (e.g., for exceeding credit card limits, etc.) resulting from charges billed by hereUare.
- 3.4 Every call to or from equipment using the VoIP Services that originates or terminates in the Public Switched Telephone Network ("PSTN") is subject to the then applicable toll charges associated with the VoIP Services. Every call to or from equipment using the VoIP Services that originates or terminates with another VoIP Services provider that is not affiliated or associated with hereUare will also count as PSTN minutes and be subject to the then applicable toll charges.
911 or Emergency Service
- 4.1 HEREUARE PROVIDES INTERNET-BASED TELECOMMUNICATIONS SERVICE AND, DUE TO THE NATURE OF THE SERVICE, DOES NOT SUPPORT OR CARRY TRADITIONAL EMERGENCY, E911, OR 911 SERVICE CALLS NOR DOES IT CARRY OR FORWARD EMERGENCY CALLS. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT HEREUARE DOES NOT SUPPORT OR CARRY EMERGENCY CALLS, THAT VOIP SERVICES DOES NOT SUPPORT 911, E911 OR ANY OTHER FORM OF QUICK DIAL ACCESS TO EMERGENCY SERVICES. HEREUARE DOES NOT OFFER 911-TYPE VOIP SERVICES. YOU MUST MAINTAIN A REGULAR TELEPHONE SERVICE OR PSTN LINE FOR TRADITIONAL 911 EMERGENCY SERVICES.
- 4.2 You acknowledge and understand that the VoIP Services may not function in the event of a power outage, or force majeure (acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers). Should there be an interruption in the power supply, the VoIP Services may not function until power is restored. hereUare shall not be liable for any delay in performance directly or indirectly.
Telephone Numbers
- 5.1 Any telephone number provided by hereUare ("Number") to You shall be leased and not sold. You shall not obtain any rights, title or interest in the Number. The Number is not portable or transferable to other VoIP Services providers. hereUare reserves the right to change or cancel the Number at any time in its sole discretion.
Breach of Customer Obligations
- 6.1 hereUare reserves the right, in its sole discretion, to suspend, terminate or change the VoIP Services without advanced notice for any reason, including without limitation, any misuse of the VoIP Services, your breach of this Agreement, suspected fraud or any other activity that affects the VoIP Services, hereUare, or hereUare's network. hereUare reserves the right to determine, in its sole discretion, what constitutes misuse of the VoIP Services and You agree that hereUare's determination is final and binding.
- 6.2 In addition, if You breach any of the terms of this Agreement, You agree to reimburse hereUare for all attorney fees and court, collection and other costs incurred by hereUare in the enforcement of hereUare 's rights hereunder. hereUare may offset such amounts against any deposits or other payments made by You.
Intellectual Property
- 7.1 Any software used by hereUare to provide the VoIP Services and any software provided to You in conjunction with the VoIP Services is proprietary and the property of hereUare, or the property of hereUare's licensor(s), and is protected by United States Copyright Law and international treaty provisions. hereUare, its vendors and licensors, shall retain all intellectual property rights and title (including any patent, copyright, trade secret, trademark and other rights) in and to all of hereUare's work product, confidential information, trade secrets or other proprietary information, the VoIP Services, hereUare's products (including the software used to operate the VoIP Services), any creative content developed by hereUare or its contractors, and the ideas, concepts, techniques, inventions, processes, software or works of authorship developed, comprising, embodied in, or practiced in connection with the VoIP Services provided by hereUare hereunder. Customer is expressly prohibited from sublicensing, selling, renting, or leasing the VoIP Services or hereUare software to any third party, or otherwise making available to third parties the VoIP Services or hereUare software. Customer agrees not to disassemble, decompile, reverse engineer or make any other attempt by any means to discover or obtain the source code for the VoIP Services or the hereUare software.
Warranties; Disclaimers
- 8.1 HEREUARE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER HEREUARE NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO HEREUARE OR YOUR TRANSMISSION FACILITIES, PREMISES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF HEREUARE OR ITS VENDOR'S NEGLIGENCE.
- 8.1 IN NO EVENT SHALL HEREUARE OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE VOIP SERVICES OR PRODUCTS PROVIDED HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF HEREUARE OR ITS VENDORS OR OTHERWISE.
- 8.3 HEREUARE SHALL NOT BE RESPONSIBLE FOR ANY DEFECT OR DAMAGE RESULTING FROM THE MISHANDLING, ABUSE, MISUSE, IMPROPER STORAGE, ACCIDENT, NEGLIGENCE, THEFT, VANDALISM, FIRE, WATER OR OTHER PERIL BEYOND THE CONTROL OF HEREUARE, OR BECAUSE OF CONDITIONS OUTSIDE OF ENVIRONMENTAL SPECIFICATIONS, INCLUDING BUT NOT LIMITED TO WIRING, ELECTRICAL POWER, TEMPERATURE, HUMIDITY OR DUST, OR FROM CAUSES OTHER THAN NORMAL USE; OR DUE TO IMPROPER INSTALLATION BY SOMEONE OTHER THAN HEREUARE, ITS EMPLOYEES OR AGENTS. HEREUARE SHALL NOT BE RESPONSIBLE FOR ANY DEFECT OR DAMAGE RESULTING FROM ANY NON-CONFORMITIES WHICH ARE THE RESULT OF (I) CUSTOMER CUSTOMIZATIONS, ENHANCEMENTS OR MODIFICATIONS OF THE VOIP SERVICES, (II) USE OF THE VOIP SERVICES WITH THIRD PARTY SOFTWARE, HARDWARE OR FIRMWARE NOT PROVIDED BY OR AUTHORIZED BY HEREUARE OR APPROVED BY HEREUARE IN WRITING.
- 8.4 THE VOIP SERVICES DESCRIBED HEREIN HAVE BEEN DESIGNED TO BE REASONABLY SECURE FROM UNAUTHORIZED USAGE AND INTRUSIONS. HOWEVER, THE VOIP SERVICES ARE NOT INVULNERABLE TO FRAUD OR HACKING. HEREUARE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY THAT THE VOIP SERVICES ARE TECHNICALLY IMMUNE FROM OR PREVENT FRAUDULENT INTRUSIONS INTO AND/OR UNAUTHORIZED USE OF THE VOIP SERVICES (INCLUDING ITS INTERCONNECTION TO LONG DISTANCE NETWORKS). CUSTOMER IS HEREBY WARNED THAT FRAUDULENT USE OF THE VOIP SERVICES IS POSSIBLE. HEREUARE MAKES NO EXPRESS OR IMPLIED WARRANTY AGAINST SUCH FRAUD OR HACKING, AND WILL NOT BE RESPONSIBLE FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL COSTS RESULTING FROM SUCH ACTIVITY.
- 8.5 ALL CLAIMS AGAINST HEREUARE MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF VOIP SERVICE, WHICHEVER IS EARLIER, AND HEREUARE HAS NO LIABILITY FOR ANY CLAIM MADE THEREAFTER.
Indemnity
- 9.1 You agree to defend, indemnify, and hold harmless hereUare, its vendors, officers, directors, employees, affiliates and agents and any other VoIP Services provider who furnishes VoIP Services in connection with this Agreement, from any and all claims, losses, damages, fines, penalties, costs and expenses of any nature or kind (including, without limitation, reasonable attorneys fees) by, or on behalf of, You or any third party or user of your VoIP Services relating to the absence, failure or outage of the VoIP Services, the inability of You or any third person or party or user of your VoIP Services to be able to access emergency service personnel, or arising from the use of your account or the use of the VoIP Services or arising from any breach of this Agreement by You.
Acceptable Use Policy
- 10.1 hereUare works to provide its customers VoIP Services free from interference by those who use the VoIP Services in an improper or unlawful manner. Accordingly, You agree to abide by the terms and conditions of this Agreement and hereUare's Acceptable Use Policy as described in this Section when using VoIP Services provided under this Agreement.
- 10.2 Your use of the VoIP Services is governed by applicable local, provincial, national and international laws and regulations, including without limitation laws relating to copyright, trademark, obscenity, defamation, the right of privacy, false advertising and fraud. In addition to complying with such laws and regulations, You are expected to avoid interference with other customers' use of the VoIP Services.
- 10.3 hereUare requests that anyone who believes that hereUare Acceptable Use Policy is being violated contact hereUare and provide as much of the following information as possible:
  1. The IP address and the hereUare username or number used to commit the alleged violation;
  2. The date and time of the alleged violation, including the time zone evidence of the alleged violation.
- 10.4 Upon receiving notice of an alleged violation, hereUare may take such action as it deems necessary, in its sole discretion, including, without limitation: (a) issuing warnings, written or verbal, (b) suspending or terminating the account of a customer who violates the Acceptable Use Policy or this Agreement, (c) charging the violating customer with administrative costs and/or (d) bringing legal action to enjoin violations and/or to collect damages.
Monitoring Use
- hereUare has no obligation to monitor the use of the VoIP Services, but may do so and it may disclose information regarding the use of the VoIP Services if, for any reason it believes, in its sole discretion, that it is reasonable for it to do so, including, without limitation, satisfaction of any legal requirements or requests, to operate the VoIP Services properly or to protect itself and its customers.
Termination Policy
- hereUare and Customer may terminate this Agreement at any time and for any reason by providing the other party with written notice thirty (30) days prior to the date of termination ("Termination Date"). If hereUare or Customer terminates this Agreement pursuant to this section, hereUare will refund to Customer the pro rata portion of pre paid fees attributable to VoIP Services (excluding any set-up, initiation or activation fees) not yet rendered as of the Termination Date. hereUare shall have the right to terminate this Agreement for cause and/or cease providing any or all of the services for nonpayment of fees if all fees due hereUare are not paid in full within ten (10) days after hereUare provides Customer with written notice of non-payment. hereUare will not refund to Customer any fees paid in advance of such termination.
General
- 13.1 This agreement is governed by the laws of the State of California, irrespective of its choice of law principles. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
- 13.2 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, negotiations or understandings, whether written or oral, between the Parties hereto.
- 13.3 This Agreement shall be binding upon the heirs, successors, and assigns of the Parties hereto.
- 13.4 This Agreement is not assignable without the written consent of the Parties hereto.
- 13.5 The unenforceability of any provision of this Agreement shall not impair the enforceability of any other part of this Agreement. If any provision of this Agreement shall be deemed invalid or unenforceable, this Agreement shall be deemed amended to delete or modify, as necessary, the invalid or unenforceable provision to render it valid, enforceable, and, insofar as possible, consistent with the original intent of the Parties. The failure of hereUare, at any time or from time to time, to require performance of any obligations of Customer hereunder shall not be deemed a waiver and shall not affect its right to enforce any provision of this Agreement at a subsequent time.
- 13.6 Any term or provision of this Agreement may be amended only by a writing signed by the Parties to be bound thereby.
- 13.7 No delay or default in performance of any obligation by either party, excepting all Customer obligations to make payments, shall constitute a breach of this Agreement to the extent caused by force majeure.
- 13.8 The descriptive headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction or interpretation of any of its provisions.
- 13.9 No terms or provisions of the Agreement shall be interpreted against any party by reason of that party being the author, creator or drafter of any language contained herein.
- 13.10 In the event any party institutes legal proceedings to seek enforcement of or for breach of this Agreement, venue for the resolution of any such dispute under, concerning or arising out of this Agreement shall be in the Federal or State Court located in Santa Clara County, California. The Parties hereto further agree that in any such legal proceeding, the prevailing party shall be entitled to be compensated by the other party for the prevailing party's reasonable attorney's fees and costs incurred in either defending or prosecuting such legal proceeding.