Terms of Service

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This Agreement is between AstraVoice LLC Communications, Inc. ("AstraVoice LLC") and you ("you" or "Customer"), as an authorized user of AstraVoice LLC Services, and governs the terms and conditions of your use of the AstraVoice LLC Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by AstraVoice LLC (collectively, the "Agreement"), constitutes the entire agreement between AstraVoice LLC and you regarding the AstraVoice LLC Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by AstraVoice LLC related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. For purposes of this Agreement, "AstraVoice LLC Services" or "Services" are defined as any and all services provided by AstraVoice LLC to you either now or in the future. By using AstraVoice LLC Services, you confirm your acceptance of, and agree to be bound by, this Agreement. If you begin the sign up process for AstraVoice LLC Services but fail to complete the process, AstraVoice LLC may contact you one (1) time via email in an effort to help successfully guide you through this process. You hereby authorize AstraVoice LLC to make such contact, even if you ultimately determine not to sign up for AstraVoice LLC Services.

AstraVoice LLC offers On-Net Voice Services at its Website voice.astravoice.com (together with other Websites owned and operated by AstraVoice LLC, the "On-Net Voice Website"). Individually, the Services are: On-Net Voice Free: On-Net Voice Free includes but is not limited to a personal remote On-Net Voice Number (the "On-Net Voice Number") that provides for the delivery of voice messages to email and the online On-Net Voice Message Center. On-Net Voice Free is hereinafter referred to as "Free" or "Free Service". On-Net Voice Free is for personal, non-commercial use only. On-Net Voice Plus: On-Net Voice Plus includes all of the On-Net Voice Free features, plus remote message retrieval via telephone (Telephone User Interface or "TUI"), text message notification via mobile phone (where available), and a local or toll-free On-Net Voice Number (where available). On-Net Voice Plus is hereinafter referred to as "Plus" or "Plus Service".

The terms of use for the Plus Service vary depending upon whether the Customer has received a toll-free or local (e.g., non-toll-free) On-Net Voice Number, as described below: Plus Non-Toll-Free Service Usage; Fair Use Policy. As a Plus Service Non-Toll-Free Customer, you will receive a local On-Net Voice Number (or you may keep your existing Free non-local number if you are upgrading from On-Net Voice Free) from which you may receive voicemail messages in your email and retrieve those messages via telephone. MESSAGES ARE STORED FOR TELEPHONE ACCESS FOR 14 DAYS ONLY AND THEREAFTER ARE DELETED. MESSAGES ARE STORED FOR ONLINE On-Net Voice MESSAGE CENTER ACCESS FOR 365 DAYS ONLY AND THEREAFTER ARE DELETED. You will be charged $0.10 each day for each whole or partial minute that your total stored voice messages exceed 20 minutes in length.

YOUR USE OF THE SERVICE IS SUBJECT TO AstraVoice LLC'S "FAIR USE" POLICY. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY THIRTY (30) DAY PERIOD, YOUR USAGE EXCEEDS MORE THAN TWO (2) TIMES THE AVERAGE LEVEL OF USAGE OF AstraVoice LLC'S On-Net Voice PLUS CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD. FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE COMBINED MINUTES OF VOICEMAIL MESSAGES RECEIVED AND MINUTES OF RETRIEVAL OF MESSAGES BY TELEPHONE, EXCLUDING ANY ADVERTISING AND INFORMATIONAL MESSAGES SENT TO YOU DIRECTLY BY AstraVoice LLC, AS DETERMINED BY US IN OUR SOLE DISCRETION. AS AN ACCOMMODATION TO OUR CUSTOMERS, AstraVoice LLC CURRENTLY ENFORCES THIS POLICY ONLY WHERE USAGE EXCEEDS 20 COMBINED MINUTES OF VOICEMAIL MESSAGES AND MINUTES OF RETRIEVAL OF MESSAGES BY TELEPHONE IN ANY THIRTY (30) DAY PERIOD, WHICH IS SUBSTANTIALLY IN EXCESS OF THE ACTUAL ALLOWABLE USAGE UNDER THIS "FAIR USE" POLICY. NOTWITHSTANDING THIS ACCOMMODATION, WE RESERVE THE RIGHT TO AT ANYTIME ENFORCE THIS POLICY IN ACCORDANCE WITH ITS TERMS (I.E., USAGE WITHIN ANY THIRTY (30) DAY PERIOD IN EXCESS OF MORE THAN TWO (2) TIMES THE AVERAGE LEVEL OF USAGE OF OUR On-Net Voice PLUS CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD).

IN THE EVENT YOU HAVE VIOLATED THIS POLICY, YOU WILL AUTOMATICALLY BE CHARGED $0.10 PER MINUTE FOR EACH WHOLE OR PARTIAL MINUTE OF VOICEMAIL MESSAGES RECEIVED AND EACH WHOLE OR PARTIAL MINUTE OF RETRIEVAL OF MESSAGES BY TELEPHONE IN EXCESS OF THE FAIR USAGE LIMIT. NOTWITHSTANDING THE FOREGOING, AstraVoice LLC RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION. Plus Toll-Free Service Usage. As a Plus Service Toll-Free Customer, you will receive a toll-free On-Net Voice Number from which you may receive voicemail messages in your email and retrieve those messages via telephone. MESSAGES ARE STORED FOR TELEPHONE ACCESS FOR 14 DAYS ONLY AND THEREAFTER ARE DELETED. You will be charged a usage fee (as set forth on the On-Net Voice Website) based on the combined number of minutes of voicemail messages received and minutes of retrieval of messages by telephone. You will also be charged $0.10 each day for each whole or partial minute that your total stored voice messages exceed 20 minutes in length.

As a Free Service Customer, you will receive a remote On-Net Voice Number through which you may receive a limited number of voice mail messages in your email. AstraVoice LLC provides the Free Service as an accommodation to you, and reserves the right to terminate your Free Service at anytime without notice. The Free Service and all software associated with it is for PERSONAL, NON-COMMERCIAL USE ONLY, AND EACH CUSTOMER IS LIMITED TO ONE (1) FREE On-Net Voice NUMBER. Notwithstanding our Privacy Policy described in Section 6 below, AstraVoice LLC has the right to disclose the email address of Free Service Customers to the owner of the URL associated with that email address in order to monitor compliance with and enforce the limitations set forth in this paragraph. In addition, AstraVoice LLC is permitted to audit your use of the Free Service and any associated software by providing no less than five (5) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours. If AstraVoice LLC ultimately determines, in its sole discretion and whether or not it has conducted an audit, that you have violated the foregoing limitations on the Free Service or any associated software, AstraVoice LLC reserves the right to immediately terminate your Service. YOU UNDERSTAND THAT THE FREE SERVICE IS SUBJECT TO AstraVoice LLC'S "FAIR USE" POLICY FOR FREE ACCOUNTS. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY 30 DAY PERIOD, YOU RECEIVE MORE THAN TWENTY (20) MINUTES OF VOICEMAIL MESSAGES, EXCLUDING ALL ADVERTISING OR INFORMATIONAL MESSAGES SENT TO YOU DIRECTLY BY AstraVoice LLC. IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, AstraVoice LLC WILL ATTEMPT TO NOTIFY YOU OF THE VIOLATION VIA EMAIL AND OFFER TO UPGRADE YOU TO A PAID SUBSCRIPTION SERVICE. IF YOU ELECT NOT TO UPGRADE, YOUR ACCOUNT WILL BE TERMINATED. ANY FAILURE BY AstraVoice LLC TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS. YOU ALSO UNDERSTAND AND AGREE THAT THE AREA CODE FOR THIS On-Net Voice NUMBER WILL BE SELECTED BY AstraVoice LLC, IN ITS SOLE DISCRETION, BASED ON AVAILABLE INVENTORY, AND THAT YOU WILL HAVE NO ABILITY TO SELECT OR CHANGE THIS AREA CODE UNLESS YOU AGREE TO UPGRADE TO A PAID SUBSCRIPTION. You will have the option to subscribe to additional services that AstraVoice LLC offers as described on the AstraVoice Website, all subject to the terms of this Agreement or another agreement specific to those additional services.

While your On-Net Voice Free account is active, AstraVoice LLC will store voice messages received through your On-Net Voice Number for a period of up to 30 days for online On-Net Voice Message Center access from the date of receipt of such voicemail. On-Net Voice Free does not include any telephone access storage. While your On-Net Voice Plus account is active, AstraVoice LLC will store voice messages received through your On-Net Voice Number for a period of up to 14 days for Telephone access and up to 365 days for online On-Net Voice Message Center access from the date of receipt of such voicemail. You acknowledge that AstraVoice LLC may change its practices and limitations concerning storage of voice messages, including without limitation, the maximum number of days that voice messages will be retained, the maximum number of messages stored at any one time, and the maximum storage space that will be allotted on AstraVoice LLC's servers on your behalf, at any time, as provided for in Section 10. You further agree that AstraVoice LLC has no responsibility or liability whatsoever for the deletion or failure to store any voice messages and/or other communications maintained or transmitted by the Services.

Active On-Net Voice Plus subscribers are eligible to receive a free email account from www.123mail.net, subject to the standard terms of use for this service (see www.123mail.net/terms.html) and available for use through the online On-Net Voice Message Center. You acknowledge and agree that AstraVoice LLC has no responsibility or liability whatsoever for your use of this email service and that AstraVoice LLC may discontinue or change the terms under which this email service is provided to you, at any time, as provided for in Section 10.

AstraVoice LLC is dedicated to establishing trusting relationships with its Customers, based on respect for personal identity and information. To demonstrate our commitment to Customer privacy, we have developed a Privacy Policy, a current copy of which is available here. If we decide to change our privacy practices, we will post those changes in our Privacy Policy, and other places we deem appropriate, so our customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected. If, however, we are going to use customers' personally identifiable information in a manner different from that stated at the time of collection we will notify customers via email. Customers will have a choice as to whether or not we use their information in this different manner. However, if customers have opted out of all communication with AstraVoice LLC, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect customer information already stored in our database, we will post a prominent notice on our Web site notifying customers of the change. In some cases where we post a notice we will also email customers who have opted to receive communications from us, notifying them of the changes in our privacy practices.

You are fully responsible for the contents of your transmissions through the Services. AstraVoice LLC simply acts as a passive conduit for you to send and receive information of your own choosing. However, AstraVoice LLC reserves the right to take any action with respect to the Services that AstraVoice LLC deems necessary or appropriate in its sole discretion if AstraVoice LLC believes you or your information may create liability for AstraVoice LLC, compromise or disrupt the Services for you or other customers, or cause AstraVoice LLC to lose (in whole or in part) the services of AstraVoice LLC's ISPs or other suppliers. 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; and (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Services for chain letters, junk fax or junk voice or e-mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services. 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 AstraVoice LLC Services; (b) maintain any security of your Customer identification, and other confidential information relating to your AstraVoice LLC account and; (c) be responsible for all charges resulting from use of your AstraVoice LLC account, including unauthorized use prior to your notifying AstraVoice LLC of such use and taking steps to prevent its further occurrence.

Either you or AstraVoice LLC may terminate your AstraVoice LLC account at any time, with or without cause, upon notice. Any such notice by you to AstraVoice LLC must be in accordance with AstraVoice LLC's verification procedures, as such procedures may be established and changed by AstraVoice LLC from time to time in its sole discretion, and which may include the requirement that you contact AstraVoice LLC by phone to confirm that any such notice was in fact sent by you. AstraVoice LLC also reserves the right to terminate or suspend your AstraVoice LLC account without prior notice, provided that AstraVoice LLC will attempt to confirm such termination or suspension by subsequent notice. AstraVoice LLC may automatically terminate your Free account without notice if: (i) no voicemails are received in your account during any continuous thirty (30) day period (for purposes of this determination, advertisements and informational messages sent by AstraVoice LLC are not considered received voicemails) or (ii) you or an intermediary blocks or filters any emails sent by or on behalf of AstraVoice LLC to your email account(s) where you receive your voicemails.

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state and/or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of AstraVoice 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.

AstraVoice LLC may automatically amend this Agreement at any time by (a) posting a revised AstraVoice LLC Customer Agreement on the On-Net Voice Website, and/or (b) sending information regarding the amendment to the email address you provide to AstraVoice LLC. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE On-Net Voice WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE AstraVoice LLC SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and AstraVoice LLC.

AstraVoice LLC reserves the right to modify or discontinue any of the Services with or without notice to you. AstraVoice LLC shall not be liable to you or any third party should AstraVoice LLC exercise its right to modify or discontinue the Services.

As part of the registration process, you will be required to provide an email address and select a PIN. Once you become a registered user, your On-Net Voice Number will be automatically sent to you by email. You may change your PIN and set a password to protect your voice mail after logging in to the On-Net Voice Website. You are entirely responsible for failing to maintain the confidentiality of your PIN, password, On-Net Voice Number and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify AstraVoice LLC of any unauthorized use of your account or any other breach of security known to you.

AstraVoice LLC AND ALL AstraVoice LLC SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND NEITHER AstraVoice LLC NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. AstraVoice LLC DOES NOT WARRANT THAT ACCESS TO OR USE OF AstraVoice LLC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT AstraVoice LLC SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. AstraVoice LLC AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. YOUR USE OF AstraVoice LLC AND ALL AstraVoice LLC 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 AstraVoice LLC SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM AstraVoice LLC. YOU AGREE THAT NEITHER AstraVoice LLC NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE AstraVoice LLC OR ANY AstraVoice LLC SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF AstraVoice LLC OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF AstraVoice LLC AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE AstraVoice LLC 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 THE AstraVoice LLC SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S.$500.00. YOU HEREBY RELEASE AstraVoice LLC AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. NEITHER AstraVoice LLC NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF AstraVoice LLC'S OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF AstraVoice LLC, IN EVALUATING THE AstraVoice LLC SERVICES AND/OR PRODUCTS OF AstraVoice LLC.

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the AstraVoice LLC Service are wholly owned by AstraVoice LLC and/or its licensors and service providers except where expressly stated otherwise. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY On-Net Voice NUMBER ASSIGNED TO YOU BY AstraVoice LLC. OWNERSHIP OF ANY SUCH On-Net Voice NUMBER IS VESTED SOLELY IN AstraVoice 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 AstraVoice LLC ACCOUNT FOR ANY REASON, SUCH On-Net Voice NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT AstraVoice 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 AstraVoice LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU FURTHER UNDERSTAND AND AGREE THAT AstraVoice LLC MAY FROM TIME-TO-TIME NEED TO CHANGE THE On-Net Voice NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN AstraVoice LLC'S CONTROL). YOU AGREE THAT AstraVoice LLC WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE On-Net Voice 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 AstraVoice 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 On-Net Voice NUMBER ASSIGNED TO YOU BY AstraVoice LLC AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE AstraVoice LLC THE RIGHT TO IMMEDIATELY TERMINATE YOUR AstraVoice LLC ACCOUNT WITHOUT NOTICE.

You agree to indemnify AstraVoice LLC and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your AstraVoice LLC account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited faxes.

Your right to use the Services is personal to you. You agree not to resell the use of the Services.

You may enter into correspondence with or participate in promotions of advertisers showing their products on the Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. AstraVoice LLC assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

Notices given by AstraVoice LLC to you will be given by email or by a general posting on the On-Net Voice Website, or by conventional mail. In any matter requiring AstraVoice LLC's prior consent, such consent will be considered given only if given in writing by an authorized representative of AstraVoice LLC. Notices given by you to AstraVoice LLC must be given by email or by conventional mail (subject, however, to AstraVoice LLC's verification procedures, as may be established by AstraVoice LLC from time to time in its sole discretion, and which may include the requirement that you contact AstraVoice LLC by phone so as to confirm that any such notice was in fact sent by you). Notices to AstraVoice LLC by conventional mail must be sent to AstraVoice LLC, 14 Penn Plaza, Suite 1413, NEW YORKm NY 10121, U.S.A.

THE LAWS OF THE STATE OF NEW YORK, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE AstraVoice LLC SOFTWARE AND SERVICES. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE AstraVoice LLC SOFTWARE OR SERVICES RESIDES IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA OR A SUPERIOR COURT FOR THE STATE OF CALIFORNIA LOCATED IN LOS ANGELES COUNTY. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. AstraVoice LLC's failure to act with respect to a breach by you or others does not waive AstraVoice LLC's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. AstraVoice LLC shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond AstraVoice LLC's reasonable control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of email messages as provided as part of the Services.