Welcome to the Website (www.freenet.com), software and services of KonferenceKall, LLC. (either, Services or Freenet), Our Service and your subscription to Freenet are based on the following terms and conditions.
READ THE FOLLOWING TERMS AND CONDITIONS (THE TERMS OF SERVICE) CAREFULLY. YOU MAY USE THE SERVICES ONLY ON THE CONDITION THAT YOU AGREE TO COMPLY WITH ALL OF THE TERMS OF SERVICE.
BY USING OR REGISTERING FOR THE SERVICES, YOU ARE AGREEING ELECTRONICALLY TO THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, DO NOT USE Freenet.
Services and License:
Freenet may suspend, cancel or discontinue any or all Services at any time without notice. In order to maximize capacity for the benefit of all our users, we may impose general operating rules with regard to the use of the Service.
CONFIDENTIAL INFORMATION- Customer understands and agrees that all information shall remain the exclusive property of Freenet. Confidential information shall not be copied, published, or disclosed to others.
Changes to the Terms; Supplemental Terms:
You must be legally competent to enter into this agreement. We may change these Terms of Service at any time. You are responsible for checking the Terms of Service periodically for changes. Your ongoing use of Freenet after the changes take effect signifies your agreement to the new terms.
We reserve the right to modify, suspend/cancel, or discontinue any or all Service at any time without notice. We reserve the right to make modifications and alter information contained on this website without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of service.
You expressly agree that any Service provided on Freenet shall be used by you at your risk. You are advised to hereby make proper enquiries and use the Service provided on Freenet.
To use the Services, you must register with us. When you register, you must provide complete and accurate registration information about yourself. You agree to keep this information up-to-date.
You will be solely responsible for the content of the conference call. You will not (a) violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control); (b) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
You will indemnify and hold harmless Freenet, its employees, directors, officers, representatives, and agents from and against any and all liabilities, claims, suits, losses, damages, costs, fees and expenses (including attorneys fees) brought against or incurred by Freenet that arise from or relate to any breach of the forgoing warranty. Any obscene or indecent communications over the conference bridge will not be tolerated and grounds for immediate disconnection of Service.
We provide the Services as is, with all faults and as available. We make no express warranties or guarantees about Services. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) Freenet WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Freenet WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A FREENET REPRESENTATIVE SHALL CREATE A WARRANTY. We make no representation that the Service is appropriate or available for use in any particular location and it is likely that it may be illegal to access such Service from some jurisdictions. Those who choose to access the Services do so entirely on their own initiative and at their own risk and are responsible for their own compliance with local laws, if and to the extent such local laws are applicable.
We do not charge any fees associated with the calls or minutes to the service. From time to time we may impose optional service charges; if we do they will be explained in your account prior to any charges.
We or our suppliers may provide you with software to use with Freenet (Software). Such Software will be subject to the terms of the license agreement that accompanies the Software. If there is no license agreement presented to you with the Software, then we and our suppliers grant you a personal, non-exclusive, non-transferable, limited license to install the Software on any single computer or device from which you wish to access and use the Services. Such Software is protected by copyright and other intellectual property laws and treaties and owned by us or our suppliers. You may not sell or redistribute the Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software. You may access certain Services only through the software, interfaces and protocols provided or authorized by us. You agree to abide by all laws and regulations in effect regarding your use of the Software and the Services. Finally, you may not authorize or assist any third party to do any of the things prohibited in this paragraph.
Freenet reserves the right to use the name/logo of the customers on our Software/Website/Marketing Materials.
You are using the Software and Services AT YOUR OWN RISK and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Software, although we reserve the right to do so.
You understand and agree that all information shall remain the exclusive property of Freenet. Confidential information shall not be copied, published, or disclosed to others.
By using our service or by registering you agree to grant permission to Freenet to use your logo or website or name as reference on Freenet web site.
Freenet shall have the right to assign this Agreement at anytime without prior notification. You may not assign this Agreement to anyone else.
This Agreement shall be governed by and construed in accordance with the laws of the state of New York. Any claim brought against Konference Kall LLC., must be filed in Manhattan County, New York courts.
Each party agrees to indemnify and hold harmless the other from any and all expenses, liabilities, debts, costs, claims, demands, sums of money and other amounts (including but not limited to all reasonable legal fees incurred in defending or handling any proceeding, lawsuit or claim) asserted against or incurred by the indemnified party as a result of any act of conduct or admission of such indemnifying party, except to the extent explicitly provided for herein.
Limitation of Liability:
Freenet shall not be liable to you or any other entity for any loss or injury that may occur due to causes beyond the reasonable control of Freenet. The sole liability of Freenet for any defect in Service is limited to the amount of any charges you may have paid directly to us for the defective service, and limited to the amount charged for that specific call.
Our disclaimer and limited liability as set out in these Terms of Service are fundamental elements of the basis of the low priced services to be provided to you by us. You agree that we would not otherwise be able to offer services on its present basis without such limitations. This clause shall survive any termination of these Terms of Service.
Electronic Contracting and Notices:
Your affirmative act of registering for a conference call constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, Notices). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, (2) to any e-mail account you open with a Service, or (3) by posting the Notice on the applicable Service.
These Terms of Service and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These Terms of Service or your use of the Freenet does not create any joint venture, partnership, employment or agency relationship between the two of us. You agree that these Terms of Service are not intended to confer and does not confer any right or remedies from us upon any person other than you.