Terms and Conditions for Use

This agreement ("Agreement") is between Kosmaz Technologies LLC. ("Kosmaz Technologies" or “we” or “us”) and the user ("user" or "subscriber" or “Customer” or “you”) of Kosmaz Technologies's Internet based communications services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Analog Telephone Adapter, VoIP Gateways, Networking equipment, or any other IP connection device ("Equipment"), used in conjunction with the Service. By subscribing to Kosmaz Technologies, you acknowledge that you have read, understood, and agree to the terms and conditions of this Agreement, and that you are of legal age to enter this Agreement and become bound by its terms. In the case of an Enterprise Customer, you obliged that you are a legal representative of it.

1. Service

1.1 Term
Service could be offered on:

i) Monthly basis for a term which begins on the date that Kosmaz Technologies activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on an monthly basis without further action by you unless you give Kosmaz Technologies written notice of non-renewal at least seven [7] days before the end of the monthly term in which the notice is given.

ii) Annual basis for a term which begins on the date that Kosmaz Technologies activates your Service and ends on the day before the same date in the following year. Subsequent terms of this Agreement automatically renew on an annual basis without further action by you unless you give Kosmaz Technologies written notice of non-renewal at least thirty [30] days before the end of the annual term in which the notice is given.

iii) Customized duration basis for a per case agreed term which begins on the date that Kosmaz Technologies activates your Service and ends the day agreed by the service duration. Subsequent terms of this Agreement automatically renew on the agreed term basis without further action by you unless you give Kosmaz Technologies written notice of non-renewal at least thirty [30] days before the end of the agreed term, if the duration of the term is equal to 3 months or more, or a least seven [7] days before the end of the agreed term, if the duration of the term is less than 3 months, in which the notice is given.

In all the cases, you are purchasing the Service on full terms, meaning that if you wish to terminate the Service prior to the end of a term, you will be responsible for the full term's charges to the end of the then-current term. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

1.2.1 Residential Use of Service and Device
If you have subscribed to Kosmaz Technologies's Residential services, the Service and Equipment are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns.This also means that you are not to resell or transfer the Service or the Equipment to any other person for any purpose, or make any charge for the use of the Service, without express written permission from Kosmaz Technologies in advance.You agree that your use of the Service and/or Equipment, or the use of the Service and/or Equipment provided to you by any other person for any commercial or governmental purpose will obligate you to pay Kosmaz Technologies’s higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. Kosmaz Technologies reserves the right to immediately terminate or modify the Service, if Kosmaz Technologies determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use without the express written permission of Kosmaz Technologies.

1.2.2 Small Business Use of Service and Equipment - Prohibition on Resale
If you have subscribed to Kosmaz Technologies’s Small Business services, the Service and Equipment are provided to you as a small business user.This means that you are not to resell or transfer the service or device to any other person for any purpose, without express written permission from Kosmaz Technologies in advance.You agree that the Kosmaz Technologies Small Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. Kosmaz Technologies reserves the right to immediately terminate or modify the Service, if Kosmaz Technologies determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities.

1.2.3 Business Plus Use of Service - Prohibition on Resale
If you have subscribed to Kosmaz Technologies’s Business Plus services, the Service is provided to you as a professional user.This means that you are not to resell or transfer the service to any other person for any purpose, without express written permission from Vonage in advance.Customer is responsible for supplying the standard SIP based Customer Premise Equipment (CPE) (“device”) for use with the service.Business Plus customers are solely responsible for providing, operating and supporting the device they use in conjunction with Kosmaz Technologies’s service. Kosmaz Technologies reserves the right to immediately terminate or modify the Service, if Kosmaz Technologies determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities. Sections 4.6 and 5.5 of this agreement do not apply to Business Plus customers.

1.3 Lawful Use of Service and Device
You agree to use the Service and Equipment only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Kosmaz Technologies's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state/provincial, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state/provisional, national or international law. Kosmaz Technologies reserves the right to terminate your service immediately and without advance notice if Kosmaz Technologies, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You are liable for any and all use of the Service and/or Equipment by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless Kosmaz Technologies against any and all liability for any such use that fails to comply with this Section. If Kosmaz Technologies, in its sole discretion believes that you have violated the above restrictions, Kosmaz Technologies may forward the objectionable material, as well as your communications with Kosmaz Technologies and your personally identifiable information to the appropriate authorities for investigation and prosecution.

1.4 Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by Kosmaz Technologies
You acknowledge and understand that the Service does not function in the event of power failure.You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by Kosmaz Technologies) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider ("ISP") and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or Kosmaz Technologies terminate the Service in accordance with this Agreement.Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP outage is cured.A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service.Power disruptions or failures or ISP outages will also prevent dialing to emergency service numbers including the 911 calling feature or services of similar use in your area or country.Should Kosmaz Technologies suspend or terminate your Service, the Service will not function until such time as Kosmaz Technologies restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).

1.5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Kosmaz Technologies's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "trade marks") of Kosmaz Technologies are and shall remain the exclusive property of Kosmaz Technologies and nothing in this Agreement shall grant you the right to right or license to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Equipment, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by Kosmaz Technologies, which Kosmaz Technologies reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Kosmaz Technologies against any and all liability arising out of your use of such interface device with the Service.

1.6 Return of Equipment
The Equipment may be returned to Kosmaz Technologies within fourteen (14) days of the line termination provided: (i) Customer retained proof of purchase and original packaging and (ii) contents are undamaged and in original condition and (iii) and all documentation and packaging materials are returned. If Customer receives cartons and/or Equipment that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact Kosmaz Technologies's customer care department immediately. Warranty coverage varies depending on the type of Equipment that Customer chooses.

2 Alternative Emergency Services Arrangements
You acknowledge that currently Kosmaz Technologies does not offer primary line or lifeline services (Police, Fire Department, or Ambulance.) You should always have an alternative means of accessing traditional emergency services and it is your responsibility to inform any people that may be using the service of the conditions described in this document. Kosmaz Technologies or its’ officers, employees, partners, affiliates and directors do not have any responsibility for events related to calling emergency services as described above.

3. Changes to this agreement
Kosmaz Technologies may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted. Agreement posted supersedes all previously agreed to electronic and written Terms of Service. This Agreement as posted supersedes all previously agreed to electronic and written terms of service.

4. Charges / payments / default / taxes / termination

4.1 Billing
A valid credit card number is required when the Service is activated. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced for whatever reason, you must advise Kosmaz Technologies to avoid any interruption in the Service. We will bill any charges to your credit card, including but not limited to: annual Service fees, PSTN termination charges, advanced feature charges, equipment purchases and shipping and handling charges.

4.2 Billing Disputes
You must notify Kosmaz Technologies in writing within 7 days after receiving your credit card statement if you dispute any Kosmaz Technologies charges on that statement or such dispute will be deemed waived. Billing disputes should be e-mailed to the following:

Kosmaz Technologies LLC
Attention: Customer Care
1776 Botelho Drive, Suite 323
Walnut Creek, CA 94596
USA

4.3 Payment
Kosmaz Technologies only accepts payments by credit card. Your initial use of the Service authorizes Kosmaz Technologies to charge the credit card account number on file with Kosmaz Technologies, including any changed information given Kosmaz Technologies if the card expires or is replaced, for any Kosmaz Technologies due. This authorization will remain valid until 15 days after Kosmaz Technologies receives a written notice terminating Kosmaz Technologies's authority to charge your credit card. Kosmaz Technologies may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Kosmaz Technologies is declined or reversed or in case of any other non-payment of account charges.

4.4 Termination/Discontinuance of Service
Kosmaz Technologies reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Kosmaz Technologies discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges due through the date of termination. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Equipment (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the annual charges to the end of the current term, including without limitation any pending charges, all of which immediately become due and payable.

4.5 Taxes
Customer is responsible for, and shall pay any applicable, state/provincial, municipal, local or other governmental sales, use, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service or Equipment.

4.6 Money Back Guarantee
Kosmaz Technologies offers a 14-day money back guarantee, applicable one primary line per account, not additional secondary lines. Under terms Guarantee, refunds activation fee, first month of service, shipping charges and waives disconnect fee. Kosmaz Technologies reserves right to terminate or revoke the Money-Back Guarantee at any time, without prior notice.

User must cancel service within 14 days of the account activation. Equipment must be returned within 14 days. All returned equipment must be in the original packaging with the UPC or bar code intact. All components, manuals and registration card(s) must be included. Equipment must be returned with a valid return authorization number obtained from Kosmaz Technologies Customer Care. User is responsible for return shipping of equipment. The money back guarantee will not be honored if user fails to meet all above requirements. To obtain a return authorization number, user must contact Customer Care via e-mail:
[email protected] or by post:

Kosmaz Technologies LLC
Attention: Customer Care
1776 Botelho Drive Suite 323
Walnut Creek, CA 94596
USA

5. Warranty and liability limitations / indemnification

5.1 Limitation of Liability
Kosmaz Technologies shall not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
1.) Any act or omission of a third party;
2.) Equipment, network or facility failure;
3.) Any Equipment, network or facility upgrade or modification;
4.) Force Majeure events such as (but not limited to) acts of god; bad weather; earthquakes; floods; strikes; fire; war; riot; government actions, etc.
5.) Usage or encumbrance of a user's LAN by unrelated uses (Internet access, etc.)
6.) Service, Equipment, Network or facility failure caused by the loss of power to Customer; or
7.) any other cause that is beyond Kosmaz Technologies's control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed or degradation of voice quality.
Kosmaz Technologies's liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.

5.2 No Consequential Damages
In no event shall Kosmaz Technologies, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service.

5.3 Indemnification
Customer agrees to defend, indemnify, and hold harmless Kosmaz Technologies, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services. This paragraph shall survive termination of this Agreement.

5.4 No Warranties on Service
Kosmaz Technologies makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. Kosmaz Technologies does not warrant that the Service will be without failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither Kosmaz Technologies nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to Kosmaz Technologies's or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of Kosmaz Technologies's or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Device, if any, by Kosmaz Technologies or Kosmaz Technologies's agents or installers are informational and are not given as a warranty of any kind.

5.5 No Warranties, or Limited Warranties, for Equipment
If Customer purchased the Device new from Kosmaz Technologies and the Equipment included a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from Kosmaz Technologies at the time of purchase, Customer agrees that it accepts its Device "as is" and that Customer is not entitled to replacement or refund in the event of any defect.

5.6 Content
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws including laws in your area or country, regulations and written and electronic instructions for use. Kosmaz Technologies reserves the right to terminate or suspend affected Services, and/or remove Your or Users' content from the Services, if Kosmaz Technologies determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Kosmaz Technologies's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. Kosmaz Technologies's actions or inaction under this Section shall not constitute review or approval of Your or Users' use or Content. You will indemnify and hold Kosmaz Technologies against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.

6. Governing law / resolution of disputes

6.1 Mandatory Arbitration
Any dispute or claim between Customer and Kosmaz Technologies arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.

6.2 Governing Law
The Agreement and the relationship between you and Kosmaz Technologies shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Kosmaz Technologies agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Texas. The failure of Kosmaz Technologies to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

6.3 Entire Agreement
This Agreement and the rates for Services found on Kosmaz Technologies's website constitute the entire agreement between you and Kosmaz Technologies and govern your use of the Service, superseding any prior agreements between you and Kosmaz Technologies and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Kosmaz Technologies unless and until posted in accordance with Section 3 hereof.

6.4 Severability
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

7. Privacy
Kosmaz Technologies Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Kosmaz Technologies is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy for additional information.

8. Changes; Notices
Notice to Customer of any changes to the "Terms of Service" shall be considered given by posting to the "Service Announcements" section of the Kosmaz Technologies Web Site. Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the Kosmaz Technologies Web Site and no further notice by Kosmaz Technologies is required.

Last Updated: September 26, 2005


 

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