Terms and Conditions of
Use
1. Acknowledgment and acceptance of
terms of use
AqmxTel provides telecommunication services
described in greater detail on this web site (www.aqmxtel.com) (the Service) to
you (the End User) subject to the following conditions. By accessing
this site and/or registering or using the Service, the End User
acknowledges receiving, reading and understanding this General Service
Agreement (the Agreement) and accepts the terms and conditions
herein. If you do not agree to these Conditions of Use, please do
not use our site or the Service. We reserve the right, at our
discretion, to update or revise these Conditions of Use. Each
time you log in or otherwise access this site or use the Service
following the posting of any changes to the Conditions of Use, you
hereby accept these changes regardless of whether you have checked or
visited the Conditions of Use portion of the site. These Conditions of
Use govern the use of our site by viewers and other users.
2. Conduct
You are solely responsible for your actions and
the content of your transmissions through or in connection with the
Service, it being understood that each employee acts on behalf of any
company with which such employee is associated in all actions and
submissions on or in connection with the Service. You agree:
(a) to abide by all applicable local, state,
national, and international laws and regulations in your use of the
Service;
(b) not to use the Service for illegal purposes;
(c) not to use or attempt to use another
person's or entity's account, telephone number, service, system or
other Confidential Access Information without authorization from the
owner;
(d) to comply with all laws regarding the
transmission of voice or technical data (including all export laws,
regulations, and restrictions of the United States);
(e) not to stalk, threaten, or harass anyone
through, in connection with, or utilizing any data collected through
the Service;
(f) that we neither endorse the content of any
of your communications nor assume any responsibility for any
threatening, libelous, obscene, harassing or offensive material
contained in such materials, or any crime facilitated by use of the
Service;
(g) not to interfere or disrupt networks
connected to the Service or otherwise attempt to interfere with the
proper function of the Service; and
(h) not to attempt to obtain unauthorized access
to the Service.
AqmxTel may, in its sole discretion,
immediately terminate your access to the Service and/or this site
should your conduct fail to conform to any provision of this Agreement.
3. Terms of use for Basic Membership free account
For AqmxTel Basic Membership user or otherwise
known as free account owner, the Service is provided to you for your
personal, residential, non-business and non-professional use. This
means that you are not to use it for any commercial or governmental
activities, profit-making or non-profit, including but not limited to
home office, business, sales or any other activity that would be
inconsistent with normal personal usage patterns. This also means that
you are not to resell, package with equipment or transfer the Service
to any other person for any purpose, or make any charge for the use of
the Service, without express written permission from AqmxTel. AqmxTel
reserves the right to immediately terminate or modify the Service, if
AqmxTel determines, in its sole discretion, that Customer's Service is
being used for non-personal or business use.
4. Terms of use for Individual
Service
For AqmxTel Individual service user, the Service
is provided to you as an individual user, for your personal,
residential, non-business and non-professional use. This means that you
are not to use it 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 individual usage patterns. This also means that you are not to
resell or transfer the Service to any other person for any purpose, or
make any charge for the use of the Service, without express written
permission from AqmxTel. You agree that your use of the Service
provided to you by any other person for any business or governmental
purpose will obligate you to pay AqmxTel's higher rates for business
service on account of all periods, including past periods, in which you
use, or used, the Service for business or governmental purposes.
AqmxTel reserves the right to immediately terminate or modify the
Service, if AqmxTel determines, in its sole discretion, that Customer's
Service is being used for non-individual or business use.
Residential Unlimited Plans are based on typical residential voice
usage and is not permitted for commercial use. AqmxTel retains the
right to require account upgrade or suspend service if the calling
habits are outside these guidelines.
Calling plans are restricted for use by only a single AqmxTel
number/SIP device to prevent abuse.
5. Terms of use for Business Service
- Resale, even for free is prohibited
For AqmxTel Business service user, the Service
is provided to you as a business 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 AqmxTel. You agree that the
AqmxTel Business Plans do not confer the right to use the service for
auto-dialing, continuous or extensive call forwarding, call centers
(incoming or outgoing), telemarketing (including without limitation
charitable or political solicitation or polling), fax broadcasting or
fax blasting. AqmxTel reserves the right to immediately terminate or
modify the Service, if AqmxTel determines, in its sole discretion, that
Customer's Service is being used for any of the activities mentioned
above.
6. Termination/Upgrade/Downgrade of
Monthly Calling Plans
For AqmxTel Individual and Business monthly plan
users the service is provided on a monthly basis and is paid in advance
for each month. The monthly plan activation date is deemed the
anniversary date. The monthly plan will renew each month on the
anniversary date unless terminated by the customer. Notice of
termination must be in writing and emailed to ar@aqmxtel.com two days prior to the
anniversary date. Monthly plan fees will not be prorated and/or
refunded for the termination month. Notice of termination received
after the required notice date will be effective for the next
anniversary date. A setup fee will be charged to reactivate plans that
were previously terminated. Requests to upgrade or downgrade a monthly
calling plan to a different calling plan must be submitted in writing
and emailed to ar@aqmxtel.com .
Request to change an existing plan must be submitted at least five days
prior to the monthly anniversary date. Requests to upgrade or downgrade
a monthly plan are not automatic and are subject to approval by
AqmxTel.com, LLC. Existing monthly plan customers that receive approval
from AqmxTel.com, LLC to change to a more expensive (upgrade) monthly
plan may do so without having to pay another setup fee. Existing
monthly plan customers that receive approval from AqmxTel.com, LLC to
change to a less expensive (downgrade) monthly plan may do so and will
be required to pay another setup fee.
7. Prohibited Uses
Any End User's use of the Service or any other
action that causes a disruption in the network integrity of AqmxTel or
its vendors, whether directly or indirectly, is strictly prohibited and
could result in termination of the Service and/or payment for damages
relating to such conduct. The End User understands that neither
AqmxTel nor its vendors are responsible for the content of the
transmissions that may pass through the Internet and/or the Service.
The End User agrees that it will NOT use the Service in ways that
violate laws, infringe the rights of others, or interfere with the
users, services, or equipment of the network. The End User agrees and
represents that it is using the Service for its own internal use only,
and shall not resell the Service thereof. The Service is for the
personal, residential and reasonable business use of the End User only.
Such use shall not include certain activities, including but not
limited to any autodialing, continuous or extensive call forwarding,
continuous connectivity, fax broadcast, fax blasting, telemarketing or
any other activity that would be inconsistent with personal,
residential and reasonable business use patterns.
8. Changes to the Agreement and Service
AqmxTel may change the terms and conditions of
this Agreement from time to time and at its discretion without prior
notice. AqmxTel reserves the right to change, suspend or cancel
the Service, temporarily or permanently, with or without notice to the
End User. AqmxTel will not be liable to the End User or any third party
in the event that AqmxTel exercises its right to modify or discontinue
the Service.
9. Telephone Numbers
Any telephone number provided by AqmxTel (the
Number) to the End User shall be leased and not sold to the End User.
The End User shall not obtain any rights, title or interest in the
Number. The Number is not portable to other service providers. The End
User is not to use the Number with any other device other than the
approved equipment (the Equipment) without the express written
permission of AqmxTel. AqmxTel reserves the right to change, cancel or
move the Number at its discretion. Upon expiration, cancellation or
termination of the Service, the End User shall relinquish and
discontinue use of any phone numbers, voice mail access numbers and/or
web portals assigned to the End User by AqmxTel.
10. Fees
AqmxTel does not currently charge any fees to
use The Basic Service. AqmxTel reserves the right to change this policy
at its sole discretion without prior notice. The End User is
responsible for procuring and paying the costs for any software,
hardware, or internet/broadband connection charges necessary to access
and use the Service.
11. Payment
All paid services new or recurring are prepaid.
Your initial use of the Service authorizes
AqmxTel to charge the credit card account number on file with AqmxTel,
including any changed information given AqmxTel if the card expires or
is replaced, or if you substitute a different card, for AqmxTel
recurring charges. This authorization will remain valid until 30 days
after receives your written notice terminating AqmxTel's authority to
charge your credit card.
12. Late/Non-payment
AqmxTel may terminate your Service at any time
in its sole discretion, if any charge to your credit card on file with
AqmxTel is declined or reversed, your credit card expires and you have
not provided AqmxTel with a valid replacement credit card or in case of
any other non-payment of account charges.
13. Billing
The service user must provision AqmxTel with a
valid credit card number (Visa, MasterCard, Discover, American Express
or any other issuer then-accepted by AqmxTel) when the Service is
activated. AqmxTel reserves the right to stop accepting credit cards
from one or more issuers. If the card expires, you close your account,
your billing address changes, or the card is cancelled and replaced
owing to loss or theft, you must advise AqmxTel immediately. Such
billing charges will include monthly service fees, applicable taxes and
any other applicable charges. Monthly service fees are charged in
advance to your credit card, including but not limited to: monthly
recurring charges.
14. Taxes
You are responsible for, and shall pay, any
applicable federal, state, provincial, municipal, local or other
governmental sales, use, excise, 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 your subscription or use or
payment for the Service or a Device. Such amounts are in addition to
payment for the Service or Devices and will be billed to your credit
card as set forth in this Agreement.
15. Technical Support
AqmxTel provides the End User with technical
support at its sole discretion and as limited to the Service and the
Equipment provided hereunder. Technical support is rendered from
AqmxTel's premise, as available, via email. Support for other
applications and uses is not provided or implied.
16. Termination
AqmxTel reserves the right to, in its sole
discretion, suspend or discontinue your access to all or part of this
site or the Service, with or without notice. AqmxTel will not be liable
to you or any third party for termination of the Service.
17. Indemnification
The End User agrees to defend, indemnify and
hold harmless AqmxTel, its directors, officers, shareholders,
affiliates, agents, successors, assigns and vendors, from any claims or
damages relating to this Agreement or a breach or violation of this
Agreement, including reasonable attorneys' fees.
18. Critical Components:
EMERGENCY SERVICES- 911 AND E911 DIALING NOT POSSIBLE
AqmxTel DOES NOT OFFER OR SUPPORT 911 OR ANY OTHER EMERGENCY FUNCTIONS.
You acknowledge and understand that the Service does NOT support 911 or
E911 access to emergency services.
You agree to inform any household residents, guests and other third
persons who may be present at the physical location where you utilize
the Service of the non-availability of traditional 911 or E911 dialing
from your AqmxTel Service and Device(s).
WE STRONGLY RECOMMEND THAT YOU MAINTAIN AN ALTERNATE MEANS OF ACCESSING
EMERGENCY SERVICES. AqmxTel does not fully substitute your regular
telephone setup. The AqmxTel service enhances your communication
capabilities but it does not replace traditional phone services.
Neither AqmxTel nor its officers or employees may be held liable for
any claim, damage, or loss related to 911 or any other emergency
functions. Therefore, you hereby waive any and all such claims or
causes of action, arising from or relating to 911. You agree to
indemnify and hold harmless AqmxTel from any claim or action arising
out of 911 emergency services access.
19. Disclaimer of Warranties and
Limitation of Liability
To the full extent permissible by applicable
law, AqmxTel disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability and fitness
for a particular purpose and non-infringement. AqmxTel does not warrant
that this site, its servers, the Service or e-mail sent from AqmxTel
are free of viruses or other harmful components. AqmxTel will not be
liable for any damages of any kind arising from the use of or inability
to use this site, including, but not limited to direct, indirect,
incidental, punitive, special, exemplary and consequential damages.
This limitation applies whether the alleged liability is based on
contract, tort, negligence, strict liability, or any other basis, even
if AqmxTel has been advised of the possibility of such damage. AqmxTel
makes no representations or warranties of any kind express or implied,
as to the operation of this site and/or the Service or the information,
content, materials, or products included on this site. AqmxTel makes no
warranty that:
(i) this site or the Service will meet your
requirements,
(ii) this site or Service will be uninterrupted,
timely, secure, or error-free,
(iii) the results that may be obtained from the
use of this site or Service will be accurate or reliable,
(iv) the quality of any products, services,
information, or other material purchased or obtained by you through
this site or Service will meet your expectations, and
(v) any errors in this site or the Service will
be corrected.
AqmxTel will not be liable for any direct,
indirect, consequential, incidental or special damages, whether
foreseeable or not, which may result from use or access to this site
and/or the Service. You understand and agree that the use of this site
and/or the Service is at your sole risk and discretion and is on an "as
is" and "as available" basis. You also understand and agree that you
will be solely responsible for any damage resulting from your use of
this site or the Service, including damage to your computer system or
loss of data that results from material or data that is downloaded from
this site.
AqmxTel is not responsible for the content on
the Internet or the World Wide Web not otherwise located on this site.
As a convenience to our End Users, AqmxTel may provide links to
resources that are beyond its control. AqmxTel makes no representations
as to the quality, suitability, functionality or legality of any sites
to which we may provide links, and the End User hereby waives any claim
he or she might have against AqmxTel with respect to such sites.
20. No Consequential Damages
In no event shall AqmxTel, its officers,
directors, employees, affiliates, agents, successors, assigns or any
other service provider who furnishes services to the End User in
connection with this Agreement or the Service be liable for any
incidental, indirect, special, punitive, exemplary or consequential
damages, or for any other 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, including inability to be
able to dial 911 or to access emergency service personnel through the
Service. The limitations set forth herein apply to claims founded
in breach of contract, breach of warranty, products liability, tort and
any and all other theories of liability and apply whether or not
AqmxTel was informed of the likelihood of any particular type of
damages.
21. Remedies for Breach of these Terms
by You
In the event that AqmxTel determines, at its
sole discretion, that you have breached any portion of these Conditions
of Use, or have otherwise demonstrated conduct inappropriate for our
site, AqmxTel reserves the right to (i) warn you via email that you
have violated these Conditions of Use; (ii) delete any or all content
provided by you or your agent(s) to this site, (iii) discontinue your
access to the Service or site; (iv) notify and/or send content to
and/or fully cooperate with the proper law enforcement authorities for
further action; and/or (v) any other action which AqmxTel deems to be
appropriate.
22. Governing Law
This Agreement is governed by the laws of the
State of Florida without regard to its conflicts of law provisions. The
End User acknowledges and agrees that Florida courts have jurisdiction
over this Agreement and customer, that Miami Dade County, Florida is an
appropriate place for venue of any litigation, and that all litigation,
to the extent possible, shall be in Miami, Florida.
23. Copyrights and Trademarks
All content included on this site, such as text,
graphics, logos, button icons, images, audio clips, digital downloads,
data compilations, and software, is the property of AqmxTel or its
content suppliers (the Intellectual Property) and protected by United
States and international copyright laws. The compilation of all content
on this site is the exclusive property of AqmxTel and protected by U.S
and international copyright laws. You may not post to this site, use
the Service and/or copy, reproduce, retransmit, distribute, publish,
commercially exploit or otherwise transfer, any material subject to any
Intellectual Property. You have the burden of determining whether any
information, software, images or any other content on this site is not
protected by any Intellectual Property.
24. Registration Information/Privacy
Policy
When you register as a member of AqmxTel, you
will be required to provide us with your End User I.D., and password
other confidential access information (Confidential Access Information).
Except as provided herein, AqmxTel will not
sell to any third party your name, address, email address and End User
I.D., unless you provide your informed consent, except to the extent
necessary to comply with applicable laws, police investigations or in
legal proceedings where such information is relevant. AqmxTel grants to
third parties providing technical services to us access to our database
only to the extent necessary to provide such technical services. In
those instances, such third parties are bound by these Terms and
Conditions. Your informed consent shall be in the form of an "opt in"
or similar policy. In addition, AqmxTel may assign, sell, license, or
otherwise transfer to a third party its entire database, including your
name, address, email address, and End User I.D., in connection with an
assignment, sale, joint venture, or other transfer or disposition of
all or a significant portion of the assets or stock of AqmxTel.
You are responsible for maintaining the
confidentiality of your Confidential Access Information. You shall be
responsible for all uses of your Confidential Access Information,
whether or not authorized by you. You agree to immediately notify
AqmxTel of any unauthorized use of your Confidential Access Information.
25. Linking to the Site
You may provide links only to the splash page of
this site (located at www.aqmxtel.com,
provided (a) you do not remove or obscure, by framing or otherwise, the
copyright notice, content or other notices on this site, (b) you give
AqmxTel prior written notice of such link by sending an e-mail to webmaster@aqmxtel.com, and (c)
you discontinue providing links to this site if notified by AqmxTel.
26. Miscellaneous
In the event that any provision of this
Agreement conflicts with the law under which this Agreement is to be
construed or if any such provisions are held invalid by a court with
jurisdiction over the parties to this Agreement, such provision will be
deemed to be restated to reflect as nearly as possible the original
intentions of the parties in accordance with applicable law, and the
remainder of this Agreement will remain in full force and effect.
The failure of any party to insist upon or
enforce strict performance by the other party of any provision of this
Agreement or to exercise any right under this Agreement will not be
construed as a waiver or relinquishment to any extent of such party's
right to assert or rely upon any such provision or right in that or any
other instance, rather, the same will be and remain in full force and
effect.
AqmxTel may assign its rights and obligations
under this Agreement, and upon such assignment AqmxTel may be relieved
of any further obligation hereunder. This Agreement, and any
modifications of this Agreement by AqmxTel as provided above,
constitute the entire understanding between the parties as to subject
matter hereof, and supersede all prior agreements and understandings.
Any legally unenforceable provision of this Agreement will, at the
election of AqmxTel, be deleted or modified to correct the defect and,
regardless, the remainder of the terms of this Agreement will remain
valid and enforceable.
27. Consent to Receive Electronic
Documents
By accessing this site and using the Service,
you are agreeing to receive electronic documents, billing reports,
statements and records (electronic records) in lieu of paper documents,
statements and records from us. Your electronic records may be emailed
to you to the email account that you provide to us, accessed through
this site using your Confidential Access Information or otherwise
electronically provided to you. By accessing this site and using the
Service, you are also agreeing to the use of electronic signatures in
lieu of (and in addition to) wet-ink, physical signatures. You may
request a paper copy of any electronic record that we send you by
sending an email request to
erecords@aqmxtel.com or by sending a written request to AqmxTel,
ATTN: Electronic Records, 3046 NW 72 Ave, Miami, Florida 33122. You
will be charged $10.00 for every paper record that you request prior to
your cancellation of consent. You can withdraw your consent to receive
electronic records from us by sending an email message to erecords@aqmxtel.com or by
sending a written letter to AqmxTel, ATTN: Electronic Records, 3046 NW
72 Ave, Miami, Florida 33122. You will be charged a $50.00 cancellation
of consent fee. This consent applies to all electronic records that we
may send you. Your withdrawal of this consent will not affect the legal
effectiveness, validity or enforceability of any electronic record that
we provide to you prior to the withdrawal of such consent. If you
change your email address to receive electronic records, you must
notify us of your new email address by sending an email message to erecords@aqmxtel.com or by
sending a written letter to AqmxTel, ATTN: Electronic Records, 3046 NW
72 Ave, Miami, Florida 33122.
28. Acknowledgment
You represent to AqmxTel that you have the
authority and capacity to understand and agree to these Conditions of
Use. You acknowledge (a) that you have read and understood these
Conditions of Use; and (b) that these Conditions of Use have the same
force and effect as a signed agreement.
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