Through its network of Web properties, CP World Communications LLC provides you
with access to a variety of fax, voice, voicemail, PBX, email and email
marketing, and messaging services (the "Services). The Services, including
any updates, enhancements, new features, and/or the addition of any new Web
properties, are subject to these Terms.
3. NO RESALE OF SERVICES.
Your right to use the services is personal to you and you agree not to resell
the use of the Services.
4. PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Policyt for disclosures relating to the collection and use of
your personal information.
5. DATA PROTECTION AND STORAGE OF MESSAGES
While your account is active, CP World Communications LLC will store messages
received through your Phone account, for a period of up to one week, in
each case measured from the date of receipt of such message. Lists are
maintained while the account is in good standing. CP World Communications LLC
shall maintain administrative, technical and physical safeguards to protect the
security, confidentiality and integrity of Customer information in its
possession. Customer acknowledges that CP World Communications LLC may change
its practices and limitations concerning storage of messages, at any time and
that notification of any such changes will be posted on CPWorldCom website.
Customer further agrees that this feature is provided as a convenience to
Customers only and CP World Communications LLC has no responsibility or
liability whatsoever for the deletion, loss, disclosure of, or failure to
store, any messages and/or other communications maintained by the Services.
6. CHARGES.
You agree to pay all charges for your use of CP World Communications LLC
Services according to the payment plan applicable to your service. CP World
Communications LLC reserves the right to change prices or institute new charges
for access to or use of CP World Communications LLC Services unless you have a
signed written agreement with CP World Communications LLC. All changes will be
posted by CP World Communications LLC at the CPWorldCom website and you are
responsible for regularly reviewing such pricing information to obtain timely
notice of such changes. Continued use of CP World Communications LLC Services
or non-termination of your CP World Communications LLC account after changes
are posted constitutes your acceptance of the prices as modified by the posted
changes.
Charges for Services may include Set Up, Recurring Subscription. Your
activation and recurring subscription fees are payable in advance and are
COMPLETELY NON-REFUNDABLE. Usage charges are charged as and when such charges
are incurred or by accumulating such charges (in the sole discretion of CP
World Communications LLC) in accordance with the usage rates applicable to each
service you use.
Your payment plan may include a monthly allowance of free incoming phone calls
or emails. In the event that you have exceeded your rate plan's allotted
allowance you will be automatically charged usage fees for each call or email
in excess of your monthly allowance. Unused allowances are not transferable
from month to month.
Payment of your CP World Communications LLC account balance is due monthly and,
unless you have a qualified business account, must be made by the credit card
designated by you for CP World Communications LLC use and transactions. If your
CP World Communications LLC account is a qualified business account and is
approved by CP World Communications LLC for corporate billing, charges will be
accumulated, identified by Customer identification number and invoiced on a
monthly basis.
If you subscribed for a Service pursuant to a special offer granting you a free
trial period, your activation fee and initial monthly service fee will BE
PRE-AUTHORIZED AGAINST YOUR CREDIT CARD (meaning the amounts pre-authorized
will not be considered available credit or debit funds in such account) and
will be immediately charged to your credit card, without further authorization
from you, upon the expiration of such free trial period, if any, unless you
provide prior notice (in accordance with CP World Communications LLC
verification procedures, as may be established by CP World Communications LLC
from time to time in its sole discretion) that you have terminated this
authorization. Such notice will not affect charges submitted before CP World
Communications LLC reasonably could act on your notice.
Charges are to be paid on a monthly basis in US currency in which billed. A
failure to pay the charges is a material breach of this agreement and grounds
for termination by CP World Communications LLC. If the payment method for your CP
World Communications LLC account is by credit card and payment is not received
by CP World Communications LLC from the card issuer or its agents, you agree to
pay all amounts due upon demand by CP World Communications LLC. Each time you
use CP World Communications LLC Services, or allow or cause CP World
Communications LLC Services to be used, you agree and reaffirm that CP World
Communications LLC is authorized to charge your designated card. Your card
issuer's agreement governs your use of your designated card in connection with CP
World Communications LLC, and you must refer to such agreement (not this
Agreement) with respect to your rights and liabilities as a cardholder. You
agree that CP World Communications LLC may (at its option) accumulate charges
incurred during your monthly billing cycle and submit them as one or more
aggregate charges during or at the end of each cycle, and that CP World
Communications LLC may delay obtaining authorization from your card issuer
until submission of the accumulated charge(s). This means that accumulated
charges may appear on the statement you receive from your card issuer.
You agree that CP World Communications LLC may submit charges for your usage
fees and recurring subscription fee each month or year, without further
authorization from you, until you provide prior notice (in accordance with CP
World Communications LLC' verification procedures, as may be established by CP
World Communications LLC from time to time in its sole discretion) that you
have terminated this authorization or wish to change your designated card. Such
notice will not affect charges submitted before CP World Communications LLC
reasonably could act on your notice. If you have any question regarding any
charges that have been applied to your account, you must contact CP World
Communications LLC' Customer Service Department within 30 days of the charge
date. Failure to use your account will not be deemed a basis for refusing to
pay any charges submitted by CP World Communications LLC in accordance with
this Agreement.
All charges will be exclusive of sales tax, except as required by law. Florida residents will
be charged 7% rate. If your residency status changes, you will notify CP World
Communications LLC and be required to provide a mailing address and proof of
residency.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the
sign-up process by providing us with current, complete and accurate information
as prompted by the applicable registration form. You agree to notify CP World
Communications LLC promptly of any changes to this information as required to
keep it current, complete and accurate You also will choose a password. You are
entirely responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities
that occur under by all users associated with your account.
You agree to notify CP World Communications LLC immediately of any unauthorized
use of your account or any other breach of security. CP World Communications
LLC will not be liable for any loss that you may incur as a result of someone
else using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by CP World
Communications LLC or another party due to someone else using your account or
password. You may not use anyone else's account at any time, without the
permission of the account holder.
8. USE OF SERVICES / CUSTOMER RESPONSIBILITIES
You represent and warrant that you are at least 18 years of age or, as
applicable, the age of majority in the state in which you reside, and that you
possess the legal right and ability to enter into this Agreement. If you are
registering on behalf of a corporation you warrant that you have the authority
to bind the corporation. You agree to be financially responsible for your use
of CP World Communications LLC Services (as well as for use of your account by
others, including minors living with you) and to comply with your
responsibilities and obligations as stated in this Agreement.
You must (a) obtain and pay for all equipment and third-party services (e.g.,
telephone and computer equipment) required for you to access and use the
Services; (b) maintain the security of your password, PIN number and other
confidential information relating to your account and; (c) be responsible for
all charges resulting from use of your account, including unauthorized use
prior to your notifying CP World Communications LLC of such use and taking
steps to prevent its further occurrence.
Images hosted by CP World Communications LLC on CP World Communications LLC
controlled servers may only be used in connection with the Products and for no
other purpose whatsoever. To the extent you use images provided by CP World Communications
LLC, CP World Communications LLC hereby grants to you a limited, non-exclusive,
non-transferable sublicense to use the images in an unaltered state solely in
connection with your use of the Services.
9. NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for
any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Services in any manner that could damage, disable,
overburden, or impair any CP World Communications LLC server, or the network(s)
connected to any CP World Communications LLC server, or interfere with any
other party's use and enjoyment of any Services. You may not attempt to gain
unauthorized access to any Services, other accounts, computer systems or
networks connected to any CP World Communications LLC server or to any of the
Services, through hacking, password mining or any other means. You will not use
or register the name CP World Communications LLC or any other trade name or trade
mark of CP World Communications LLC without express, prior permission and you
will not obstruct the identification procedures used by CP World Communications
LLC in the services.
You represent that the information submitted for transmission via the CP World
Communications LLC network for CP World Communications LLC services is for
lawful purposes only and that the transmission of messages or files is not in
violation of any federal, state or provincial laws including, but not limited
to, encouraging conduct that would constitute a criminal offense, infringe
third party rights, give rise to civil liability or otherwise violate any
local, state, national or other law. You may not use the Services to upload,
post, reproduce or distribute, in any way, any information, software or other
material protected by copyright or any other intellectual property right
without first obtaining the permission of the copyright holder. You agree to
comply with all applicable laws, regulations, or conventions including those
related to email marketing, anti-spam, anti-phishing, data privacy,
international communications, and export of technical or personal data.
You are fully responsible for your actions through the Services and agree and
acknowledge that you are the creator of all content, and that CP World
Communications LLC is not the author or publisher of any content and CP World
Communications LLC does not rent or sell lists of any kind. CP World
Communications LLC simply acts as a passive conduit for you to receive
information of your own choosing.
CP World Communications LLC prohibits the use of the Services or web sites by
any person or entity that, encourages, promotes, provides, sells or offers to
sell products or content relating to illegal or fraudulent activities (or
services related to the same): including but not limited to illegal drugs;
pirated computer programs; instructions on how to assemble or otherwise make
bombs, grenades or other weapons, material that exploits children, encourages
violence, spam, obscenity, and similar activities. This is not an exhaustive
list, and CP World Communications LLC, in its sole discretion, may determine
whether your use is prohibited and its determination shall be final, binding
and conclusive for all purposes under this Agreement. CP World Communications
LLC will terminate your use of its Services if CP World Communications LLC
determines such prohibited content or use is in violation of this agreement.
Any information stored on the CP World Communications LLC servers that is
deemed to be unlawful or in contravention of this Agreement or legal and
regulatory requirements may be deleted at any time by CP World Communications
LLC without notice. CP World Communications LLC reserves the right to remove
any image which contravenes this Agreement without notice to the you.
CP World Communications LLC does not:
Represent or endorse the
accuracy or reliability or any opinion, advice or statement made through
the Service;
Assume liability for any
harassing, offensive or obscene material distributed through the Service to
you or others under your account,
Assume any liability for any
material distributed through the Service by you or others under your
account which is distributed in violation of any third party's copyright
or other intellectual property right.
Assume liability for claims
concerning email or voice messages sent to you or others under your
account, including (but not limited to) Telephone Consumer Protection Act
of 1991, CRTC 2001-193, FTC regulations, and the Can-Spam Act.
CP World Communications LLC reserves the right at all
times to disclose any information as CP World Communications LLC deems
necessary to satisfy any applicable law, regulation, legal process or
governmental request. CP World Communications LLC reserves the right but is not
obligated to review the content of any of your messages for compliance with
these terms and other legal requirements upon receipt of a complaint. CP World
Communications LLC further reserves the right to take any other action with
respect to the Services that CP World Communications LLC deems necessary or
appropriate in its sole discretion if CP World Communications LLC believes you
or your information may create liability for CP World Communications LLC or
others, compromise or disrupt the Services for you or other Customers, or cause
CP World Communications LLC to lose (in whole or in part) the services of CP
World Communications LLC' ISPs or other suppliers.
You agree to indemnify and hold CP World Communications LLC and its agents
harmless from any and all direct, indirect or consequential claims, losses,
damages, judgments, expenses and costs (including any attorney's fees and
expenses) arising out of your use of the services, your violation of the terms
of this agreement, and the delivery of any of your messages and documents using
the services, or the infringement of any trademark or copyright by you.
10. OWNERSHIP.
All programs, services, processes, designs, software, technologies, trademarks,
trade names, inventions and materials comprising the CP World Communications
LLC Service are wholly owned by CP World Communications LLC and/or its
licensors and service providers except where expressly stated otherwise.
You understand and agree that you are not the owner of any CP World
Communications LLC voice number (CP World Communications LLC Number) assigned
to you by CP World Communications LLC. Ownership of any such CP World
Communications LLC Number is vested solely in CP World Communications LLC
(which will assign such number to you for your use during the term of this
agreement). You understand and agree that following the termination of your CP
World Communications LLC account for any reason, such CP World Communications
LLC Number may be re-assigned immediately (although there is typically a
transition period) to another customer, and you agree that CP World
Communications LLC will not be liable for damages (including consequential or
special damages) arising out of any such re-assignment, and you hereby waive any
claims with respect to any such re-assignment, whether based on contractual,
tort or other grounds, even if CP World Communications LLC has been advised of
the possibility of damages.
At the end of your contract with CP World Communications LLC you may not request
that your CP World Communications LLC number be ported out to your new service
provider.
You further understand and agree that CP World Communications LLC may from time
to time need to change the CP World Communications LLC Number assigned to you
(whether due to an area code split or any other reason whether outside or
within CP World Communications LLC' control). You agree that CP World
Communications LLC will not be liable for damages (including consequential or
special damages) arising out of any such change in the CP World Communications
LLC Number assigned to you, and you hereby waive any claims with respect to any
such change, whether based on contractual, tort or other grounds, even if CP
World Communications LLC has been advised of the possibility of damages.
In particular, you agree that you are not authorized to charge services
provided to you or at your request to the CP World Communications LLC Number
assigned to you by CP World Communications LLC and that you will not request or
otherwise cause any third-party service provider to charge any such services to
such number. You are responsible for any such charges, and any such charges
will give CP World Communications LLC the right to immediately terminate your CP
World Communications LLC account without notice.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY.
THE SERVICES ARE PROVIDED 'AS IS' AND THERE ARE NO WARRANTIES, REPRESENTATIONS
OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY
STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE WITH
RESPECT TO THE SERVICES OR ANY OTHER PRODUCT, DOCUMENTATION OR SERVICE PROVIDED
HEREUNDER OR IN CONNECTION HEREWITH. CP WORLD COMMUNICATIONS LLC FURTHER
EXPRESSLY DISCLAIMS GUARANTEE OF CONTINUED AVAILABILITY OF THE SERVICE OR ANY
IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY,
DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE TITLE OR NON-INFRINGEMENT. NO
REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO
MARKETING LITERATURE OR COLLATERAL OR STATEMENTS REGARDING PERFORMANCE OF THE
SERVICES BY CP WORLD COMMUNICATIONS LLC WHICH IS NOT CONTAINED IN THIS SECTION
SHALL BE CONSIDERED TO BE A WARRANTY OR REPRESENTATION, AND SHOULD NOT BE
RELIED UPON AND IS NOT BINDING UPON CP WORLD COMMUNICATIONS LLC.
NEITHER CP WORLD COMMUNICATIONS LLC NOR ANY OF ITS PARTNERS AFFILIATES OR
SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER
DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS OR OTHER DIFFICULTIES OUTSIDE OF
CP WORLD COMMUNICATIONS LLC' OR ANY SUCH PARTNER'S, AFFILIATE'S OR SERVICE
PROVIDER'S CONTROL WHICH COULD LEAD TO ANY DELAY, INTERRUPTION OR MISDIRECTION
OF FAX VOICE OR DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, PAGER,
TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY PHONE OR FAX MACHINES,
DATA STORAGE AND/OR DELIVERY SERVICES.
The aggregate liability of CP World Communications LLC, it's parent,
subsidiaries or affiliates, whether for tort (including negligence), breach of
contract (including fundamental breach or failure of an essential purpose),
misrepresentation or otherwise in respect of a single occurrence or a series of
occurrences, shall in no circumstances exceed the amounts paid by Customer to CP
World Communications LLC with respect to the Service giving rise to the claim.
IN NO EVENT SHALL CP WORLD COMMUNICATIONS LLC, ITS LICENSORS OR THE PARENT,
SUBSIDIARIES OR AFFILIATES OF ANY OF THEM BE LIABLE FOR ANY PUNITIVE, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY CUSTOMER OR ANY THIRD
PARTY, INCLUDING WITHOUT LIMITATION, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS
OF REVENUES OR PROFITS, LOSS OF DATA OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS
(INCLUDING WITHOUT LIMITATION, LOSS OF DATA RESULTING FROM DELAYS,
NON-DELIVERIES, WRONG DELIVERIES, SERVICE INTERRUPTIONS, PERFORMANCE OR FAILURE
OF THE INTERNET OR CP WORLD COMMUNICATIONS LLC' INTERNET SERVICE PROVIDER, OR
DELETION OR FAILURE TO SAVE DELIVERIES), EVEN IF CP WORLD COMMUNICATIONS LLC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE.
12. TERMINATION
If you are an Online or month-to-month Subscriber or have a "Pay as you
Go" account: You may cancel the services at any time by calling +1-813-579-5958.
If you have a signed written Agreement with CP World Communications LLC the
termination provision found in the Written Agreement applies.
CP World Communications LLC reserves the right to suspend or terminate services
if CP World Communications LLC, in its sole discretion, believes that the
service is used for a purpose that is unlawful or prohibited by these terms,
conditions, and notices.
CP World Communications LLC shall have no responsibility to notify any third
party, including any third party providers of services, merchandise or
information, of any suspension, restriction or termination of your account. CP
World Communications LLC shall have no obligation to maintain any messages or
other content in your account or forward any unread or unsent message to you or
any third party.
Any termination of your account shall not relieve you from any amounts owing or
any other liability accruing under this Agreement prior to the time that such
termination becomes effective.
14. JURISDICTION AND GOVERNING LAW
You agree that these Terms shall be governed by and construed in accordance
with the laws of the State of Florida, and you hereby consent and agree to the
jurisdiction of such State and agree that all disputes shall be tried in the State
of Florida in the County of Hillsborough. You expressly waive any right, and
agree not to have any dispute under the Terms tried or otherwise determined by
a jury.
