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Terms of Use

My800Online.com ("My800Online"), a service provided by WQN, Inc., provides its customers ("you") with enhanced telephony services (collectively the "Service") as described more fully on the Internet at www.My800Online.com (the "Website"). My800Online reserves the right at its sole discretion to refuse service to anyone for any reason.

My800Online reserves the right to change or cancel the Service or its pricing at any time without prior notice; changes to the Service or its pricing will be effective immediately when posted to the Website. By registering for the Service, you agree to be bound by all of My800Online’s terms and conditions of use as set forth herein and in My800Online's Privacy Policy as currently in effect or amended from time to time (available at the Website). My800Online may not specifically notify you of any proposed changes to the Service or its pricing and it is recommended that you periodically review the Website. Your use of the Service after such changes have been posted constitutes your acceptance of all changes.

IMPORTANT: The terms, conditions, and guidelines associated with the use of the Service are set forth in this Terms of Use agreement ("TOU"). Please read this TOU carefully before activating or using an account with My800Online for the Service. By using the Service, you agree to abide fully by and accept all of the terms, conditions, and guidelines set forth in this TOU. Please note that My800Online may change this TOU at any time without notice, and such changes will be effective immediately upon the posting of such modified TOU on the Website at www.My800Online.com. Your use of the Service after such changes have been posted on the Website constitutes your acceptance of all changes. Please also note that at any time, if it is determined by My800Online that you have abused or violated the letter, spirit, or intent of any of these terms, conditions, and guidelines, My800Onlinereserves the right in its sole discretion to terminate or suspend your account immediately without notice, liability, or penalty or liability of any kind to My800Online. The Service is being offered only to natural persons age eighteen (18) years or older and legal entities whose authorized principals are age eighteen (18) years or older. By accepting the terms of this Agreement, you hereby represent and warrant to My800Onlinethat you are a natural person or authorized representative of a legal entity who is age 18 years or older.

USER RESPONSIBILITIES

In order to use the Service, you must, at your sole expense: (1) provide and be responsible for payment for all equipment necessary to establish a connection to the Internet; (2) provide for access to the Internet and pay any Internet connection service fees associated with such access; (3) supply all phone service features required for your use of the Service; and (4) pay for the Service.

You agree to provide My800Online with accurate and complete registration information, and agree to keep that information updated at all times. Failure to do so constitutes a breach of this TOU.

By registering for the Service, you will receive a password. It is solely your responsibility to keep your account information and password secure. You may not disclose your password to anyone except persons that you have authorized to use your account. You hereby assume all liability of any kind arising out of or related to the use of the Service by such authorized person(s). You hereby expressly release and indemnify My800Online from, and hereby assume all liability and damages of any kind arising out of or related to, all activities conducted through your account on the Service by any persons, whether or not such persons are authorized by you to use the Service. You agree to notify My800Online immediately of any unauthorized use of your account or any other breach of security you know of or suspect.

The fees paid by you to My800Online are only for the Service. You are responsible for all charges associated with your telephone, all telephony equipment, long distance charges and charges for connecting to the Internet. You agree that any telephone or other communications mode charges incurred are your sole responsibility. You may be subject to other charges from your phone company in addition to the fees for the Service.

CONTENT

You are solely responsible for all content, data, materials, or information you transmit via the Service (collectively, "Content"). My800Online provides unfiltered services. This means that Content is not routinely reviewed before being transmitted through the Service, and My800Online will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, patent, trade secret, defamation, privacy, obscenity, or otherwise. Furthermore, My800Online shall not be responsible for any unsolicited telephone calls (e.g., telemarketing calls) or calls made by any type of payphones received by you through the Service.

My800Online does not control Content accessed, posted, recorded, or otherwise transmitted or received via the Service and does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will My800Online be liable for any Content accessed, retrieved, recorded, heard, posted, or otherwise transmitted or received via the Service, regardless of where or how it originated.

PROHIBITED USES

As a user of the Service, you agree to use the Service only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited.

You also agree not to use the Service to:

1. Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
2. Threaten, harass, defame, embarrass, or distress any other person or group;
3. Transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar or otherwise objectionable messages or material;
4. Transmit unsolicited fax or voice advertisements or solicitations ("fax/voice spam") in violation of federal or state laws, including but not limited to any "do not call" list restrictions;
5. Transmit any information in violation of the Patriot Act or which otherwise may be deemed in furtherance of terrorist activity or in breach of the national security of the United States or any other state or nation; or
6. Transmit any materials or information in any manner that violates applicable law;
7. Abuse payphone compensation;

If My800Online, in its sole discretion, believes that you have violated any of the above restrictions or that you have otherwise violated any applicable law, My800Online may forward the objectionable material, as well as your communications with My800Online and your personally identifiable information, to the appropriate authorities for investigation and prosecution, and may immediately terminate your service without penalty or liability of any kind to My800Online.

MODIFICATIONS TO SERVICE

My800Online reserves the right to modify, suspend, or discontinue the Service from time to time with or without notice to you. My800Online shall not be liable to you or any third party if My800Online exercises its right to modify, suspend, or discontinue the Service.

SERVICE PARAMETERS

You agree that My800Online, in its sole discretion, has the right to establish limits which My800Online deems reasonable on the number and/or size of messages which you send, receive and/or store in order to prevent any negative impact on the use of the Service by others, and you agree to comply with any such limits which My800Online may establish at its sole discretion from time to time. My800Online assumes no responsibility for the deletion or failure to deliver or store voice or other messages.

You also acknowledge and agree that My800Online makes no representation, and does not purport to offer any enhancements, with respect to processing of Caller ID information from incoming callers. My800Online will attempt to display and log caller's Caller ID information as it is provided to My800Online by its telecommunications network provider(s), but My800Online makes no representations of any kind that such attempts shall be successful. My800OnlineEXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO BLOCKING OUT CALLER ID INFORMATION IF IT IS PRESENTED TO My800Online AS UNBLOCKED, OR UNBLOCKING SUCH INFORMATION IF IT IS PRESENTED AS BLOCKED, OR IF IT IS OTHERWISE UNAVAILABLE TO My800Online. YOU EXPRESSLY AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS My800Online FROM ANY LIABILITIES PERTAINING TO INAPPROPRIATE OR UNAUTHORIZED USE OF THE CALLER ID INFORMATION, AS WELL AS ANY FAILURE BY My800Online TO BLOCK OUT CALLER ID INFORMATION, IF IT IS PRESENTED TO My800Online AS UNBLOCKED, OR UNBLOCKING SUCH INFORMATION IF IT IS PRESENTED AS BLOCKED, OR IF IT IS OTHERWISE UNAVAILABLE TO My800Online.

You acknowledge that your right to use the Service is subject to the following limitations:

1. Your rights to the Service granted under this Agreement are personal to you. You may not sell, assign, or otherwise transfer or agree to transfer all or any portion of those rights without the prior written consent of My800Online, which consent may be withheld for any reason in the absolute discretion of My800Online.
2. My800Online reserves the right to terminate accounts which remain inactive for over 180 days, or accounts which, in the sole judgment of My800Online, are used for purposes that are illegal, or which My800Online deems inappropriate or detrimental to My800Online.
3. You acknowledge that the Service is intended for customary personal and business use. The Service is not intended for dedicated telecommunications services and in no case is the Service intended for intensive auto-dialing, continuous, or extensive call forwarding, or dedicated telemarketing. You understand that such inappropriate use of the Service may result in immediate cancellation of your account by My800Online without any penalty or liability of any kind to My800Online, and that you will not be entitled to any refund in case your account is cancelled thereby.
4. You understand that My800Online is limited in the depth of Customer Service that it can provide to customers. Accordingly, telephone-based technical support may not be provided. My800Online will provide email and other support resources on an as-available basis. If you experience a problem with the Service, you can contact support at support@my800online.com.
5. You understand you own the number as long as you have credit on your number. If you carry $0 balance on your number for 120 days (4 months), your number will be recycled and as such, you will lose your number.
6. You understand that My800Online may terminate your Service if your telephone number and/or email address ceases functioning at any time and for any reason.
7. Any attempt to use the Service other than as provided herein shall be a breach of this Agreement and will subject you to possible legal action and/or fees.
8. You acknowledge and agree that you are aware of and will fully abide by the statutory and regulatory rules prohibiting unsolicited fax advertisements set forth in the Telephone Consumer Protection Act of 1991, Federal Consumer Protection Act 47 U.S.C. Paragraph 227, FCC's rules on unsolicited fax communications, and in any applicable state statutes. Violations may subject you to statutory fines and penalties, and compensatory damages. For further information, see http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.html. You understand that the Service MAY NOT be used for faxmail spamming campaigns. You expressly agree to fully defend, indemnify, and hold harmless My800Onlineand its suppliers from any complaints arising out of your use of the Service in violation of any federal or state statutes or regulations. You understand that inappropriate use of the Service may result in immediate cancellation of your account by My800Online, and that you will not be entitled to any refund in case your account is cancelled thereby.

VIOLATION OF TOU

In the event of any actual, threatened, or potential violation of the letter, spirit, or intent of any of the terms or conditions of this TOU as determined by My800Onlinein its sole discretion, My800Onlinereserves the right to suspend or terminate, either temporarily or permanently, any or all services provided to you by My800Online, to block any prohibited activity, or to take any other actions deemed appropriate by My800Online in its sole discretion and without prior notice. With respect to abuse of the limits established from time to time by My800Online on the number and/or size of messages which you send, receive and/or store while using the Service, or the number and/or length of calls you place or receive while using the Service, My800Online also reserves the right to charge abusers of Unlimited Plans at the Pro Plan rates then in effect. Users who violate this TOU may additionally incur criminal and/or civil liability. My800Online may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection its investigations of any suspected civil or criminal violations.

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD My800Online AND EACH OF ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, TELECOMMUNICATIONS PROVIDERS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE USE, SUSPENSION, DISABLEMENT, CANCELLATION, OR TERMINATION OF YOUR ACCOUNT ON THE SERVICE, ANY CONTENT POSTED, RECORDED, TRANSMITTED, OR RELAYED TO OR THROUGH THE SERVICE, YOUR VIOLATION OF THE TOU, OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS.

LIMITATION OF LIABILITY

IN NO EVENT WILL My800Online OR ANY OF ITS RESPECTIVE SUPPLIERS, SERVICE PROVIDERS, OR OTHER THIRD PARTIES AFFILIATED THEREWITH BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, SUSPENSION, CANCELLATION, DISABLEMENT, TERMINATION, OR THE RESULTS OF USE OF THE SERVICE, ANY WEB SITES LINKED TO THE SERVICE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF My800Online OR ANY OF ITS RESPECTIVE SUPPLIERS, SERVICE PROVIDERS, OR OTHER THIRD PARTIES AFFILIATED THEREWITH, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, (E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY)) IS LIMITED TO FIFTY DOLLARS ($50). APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED BY My800Online ON AN "AS IS" BASIS. NEITHER My800Online NOR ITS SUBSIDIARIES, PARTNERS, PROVIDERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND FUNCTIONALITY OF THE SERVICE OR ANY CONTENT TRANSMITTED OR MADE AVAILABLE BY OR THROUGH THE SERVICE. My800Online DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, My800Online DOES NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TERMINATION

Either you or My800Online may terminate your account at any time. This is your sole and exclusive remedy with respect to any dissatisfaction with the Service, the terms and conditions set forth in the TOU as may be updated from time to time, or any other policies and practices of My800Online now in effect or that may be adopted or modified in the future. You may terminate your account by delivering a letter by United States mail to: My800Online.com 14911 Quorum Drive Suite 140 Dallas, TX 75254; or by sending an email to support@my800online.com. Your account termination will take effect within a reasonable amount of time after My800Online's receipt of your termination notice. My800Online reserves the right to restrict access to the Service to any user (including you) if it reasonably believes the user has breached this TOU in any way, and may at any time in its sole discretion, with or without notice and with or without cause, immediately deny access to the Service and may remove all account information, voicemail boxes and their contents, and any other content. PLEASE NOTE THAT MONTHLY, BIANNUAL, AND ANNUAL SUBSCRIPTION PAYMENTS FOR THE SERVICE ARE NON-REFUNDABLE AND WILL NOT BE PRORATED REGARDLESS OF USAGE.

GENERAL

The TOU shall be governed by and construed in accordance with the laws of the state of Texas . If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. My800Online's failure in any instance to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by My800Online in writing. You and My800Online agree that any cause of action arising out of or related to this TOU or the Service must commence within one (1) year after the events giving rise to the cause of action first arose; otherwise, such cause of action is permanently barred. The section titles in this TOU are solely used for the convenience of the parties and have no legal or contractual significance. These terms and conditions constitute the entire agreement between you and My800Online with respect to the subject matter herein and supersede in their entirety any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party.