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SORENSON COMMUNICATIONS INC.
ACCEPTABLE USE POLICY AND USER AGREEMENT
Welcome to the Sorenson Communications, Inc. IP Relay Web site. Before you use Sorenson IP Relay Service, please read this important information on data security, and please review our Privacy Policy which explains our commitment to protecting the privacy of our customers and those who visit our Web site. The following terms and conditions apply to your access to and use of the Sorenson IP Relay Web site and to any electronic transmission you send via the Sorenson IP Relay network infrastructure ("Network"). The terms and conditions also explain actions that Sorenson Communications may take for uses that it deems unacceptable.
By accessing or using the Sorenson IP Relay Web site or Network, you agree to the terms and conditions set forth in this Acceptable Use Policy and User Agreement ("User Agreement"). If you do not agree to these terms and conditions, please do not use the Sorenson IP Relay Web site or Network because if you do so, you will be bound by the terms and conditions of this User Agreement. Sorenson Communications may change the terms and conditions of this User Agreement, and will post any changes at http://www.siprelay.com.
1. General Terms and Conditions.
- You may access and use the Sorenson IP Relay Web site and Network for lawful purposes only. You agree to not use the Sorenson IP Relay Web site or Network to distribute any materials that violate any applicable law.
- You agree to not use the Sorenson IP Relay Web site and Network for any abusive, pornographic, lewd, obscene, harassing, fraudulent or unlawful purposes. Sorenson Communications reserves the right to investigate any such misuse of the Sorenson IP Relay Web site and Network or breach of this User Agreement. Sorenson Communications will not be liable for any cost or damage arising directly or indirectly from your use or misuse of the Sorenson IP Relay Web site or Network.
- Infringement of intellectual property rights, or other proprietary rights, is prohibited, including, but not limited to, infringement of materials that are subject to trademark, copyright, patent and trade secret protection.
- You agree to not interfere with Sorenson Communications' ability to provide IP Relay Service to you or other customers.
- You are prohibited from breaching the security of (or "hacking into") the Sorenson IP Relay Web site or Network. The following types of computer intrusions are prohibited, including, but not limited to, disseminating or planting viruses, causing a denial of service attack which interferes with access by authorized users, retrieving personal or proprietary information, or causing the transmission of any other program, information, code or command that may damage the integrity or availability of data, a program, a system or information.
- Sorenson Communications has the right to immediately terminate, suspend, restrict, or cancel your use of the Sorenson IP Relay Service without advance notice in the event that Sorenson Communications becomes aware that you are or may be breaching the prohibitions of this User Agreement. Sorenson Communications will investigate and actively address any attempt to disrupt the communications services that our deaf and hard-of-hearing customers rely upon for federally mandated access. Sorenson Communications may cooperate with law enforcement if criminal violations are suspected.
2. Indemnification.
You agree that Sorenson Communications shall not be responsible or liable for any claims or causes of action that arise from your use of the Sorenson IP Relay Web site or Network. Further, you agree to indemnify and hold harmless Sorenson Communications from and against all costs, fees, expenses, and damages of any nature whatsoever related to any such claims, including court and arbitration costs, attorneys' fees, and the costs of other professionals, unless such claims are solely based on Sorenson Communications' willful misconduct. This provision will continue to apply after this User Agreement ends.
3. Disclaimer of Warranties and Limitations on Liability.
- Sorenson Communications makes no warranties or representations of any kind regarding its IP Relay Service, and it disclaims any and all warranties, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, performance, or infringement. Sorenson Communications makes no warranty that the IP Relay Service will be uninterrupted or error free. Sorenson IP Relay Service may not be available at all times due to technical problems, and/or system upgrades and maintenance. Sorenson IP Relay is not for emergency calls and is not a substitute for 911 services. In an emergency, dial 911 using TTY to ensure immediate attention and identification of your location.
- In no event shall Sorenson Communications be liable for punitive, reliance, or special damages, or for indirect or consequential damages, including but not limited to lost profits or revenue or increased costs of operation. These limitations apply even if the damages are foreseeable or we are told they are possible. These limitations apply to any negligence claim based on any legal grounds (such as contract, tort, statute, or misrepresentation), that does not involve willful misconduct. If our negligence causes damage to a person or property, Sorenson Communications will be liable for no more than the amount of direct damages.
- For your convenience, there are links to Web sites operated by companies other than Sorenson Communications ("Third Party Web sites"). Sorenson Communications makes no representation or warranty concerning Third Party Web sites and is not responsible for the content, products, services or other materials provided through Third Party Web sites.
4. Governing Law and Separability.
This User Agreement is governed by the laws of the state of Utah, without regard to its choice of law rules. If any part of this User Agreement is found invalid or unenforceable, the rest of the Agreement will remain valid and enforceable.
5. Questions and Feedback.
Please submit any questions or feedback to Sorenson Communications at http://www.siprelay.com/contact.aspx.
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