VirtualCallboard Terms of Service
Last Modified August 13, 2016
1. Definition of “Service”
The VirtualCallboard service, owned and operated by EmptySpace Technology, LLC (hereafter referred to as “the service” and “the service provider” respectively), is a hosted internet application providing the subscribing individual or organization (hereafter referred to as “the subscriber”) Internet application services to enable the collection, organization and distribution of internal company communication and information. The service consists of one licensed deployment of the VirtualCallboard software, server storage space, domain name lookup services which expose the website to the world wide web, and support to maintain the service for the subscriber.
2. Billing and Payment
The service is provided as a monthly or annual subscription. Subscribers will be issued a periodic statement based on their preferred billing cycle. Annual service contract agreements may be offered in order to waive setup and maintenance fees and/or lock in pricing for a period of time. All accounts not covered by annual service contracts are subject to pricing of the service changing at any time. The subscriber will have a period of not less than two weeks before the new pricing takes effect, during which time the subscriber may choose to discontinue service.
Payments must be received by the service provider on or before the due date appearing on the subscriber’s most recent statement. Payment by corporate check or credit card is currently accepted.
2.b Late Fees and Account Suspension
A late fee of $15 will be assessed for an account which is delinquent more than 5 days. After 5 days, access to the subscriber’s service will be suspended. If an account remains suspended for over 10 days with no resolution, the service provider reserves the right to permanently delete company information.
2.c Service Termination
Should a subscriber wish to terminate service, the service provider must be contacted before the next billing cycle begins. If the subscriber does not inform the service provider, the account will be subject to late fees and subsequent monthly charges. The service provider is not obligated to prorate service based on a service termination request. Should a subscriber wish to terminate an annual service contract, the subscriber agrees to forfeit the balance of the yearly subscription fee they have paid as an early termination fee.
3. Free Trial Period
The subscriber is granted a 30 day trial period in which to test the service at no cost or obligation to the subscriber or their organization. If the subscriber wishes to continue service, no action is required, and the subscriber will begin to be billed for the service. However, if the subscriber wishes to discontinue service, notification must be received at least 1 business day before the trial period has ended or the subscriber will be billed for the service. Only new subscribers are granted trial periods. Returning subscribers are not eligible for another trial period unless they are working for a new organization.
The service provider shall provide technical support to the subscriber, but not necessarily to the end user of the service. While the service provider is interested in collecting and analyzing feedback from end users, the service provider shall not be obligated to answer support queries coming directly from end users. Should an end user experience difficulty with the service, they are to report it to the subscriber. If the subscriber cannot resolve the support query themselves, they should forward the case to the service provider. If the subscriber suspects a full system-wide outage of the service or experiences a critical system error, they should immediately call the telephone number above.
5. Quality of Service
The service provider is committed to maintaining a carrier class, fully redundant system of web servers to host the service. All data defining the quality of service is measured from a fully meshed internet backbone to the service provider’s facilities. Should the user experience poor quality of service, every effort will be made on the part of the service provider to ensure that the quality of service meets an acceptable level. However, the service provider cannot guarantee service responsiveness past the national internet backbone and is not held liable for, nor accepts as cause for early termination, lack in quality of service from local internet service providers.
5.a Localized Outages
The subscriber understands that the internet is subject to occasional outages on various points of failure. Most internet outages which disrupt access to the service occur at the subscriber’s local internet service provider. The service provider does not provide refunds based on a single user or group of users inability to access the service due to localized internet service provider outages. Furthermore, the service provider does not provide support for troubleshooting local internet service providers or internet connections. The service is considered accessible if it can be accessed from a major Internet backbone provider.
5.b Unexpected Service Outages
If the service provider does experience an outage or critical components of the service become generally unavailable to the internet backbone, subscribers will be issued a prorated account credit for the outage period at the sole discretion of the service provider.
5.c Planned Service Outages
From time to time it becomes necessary for the service provider to bring the service offline in order to perform routine system maintenance. These planned outages are scheduled and publicized with at least 24-hour notice. Generally, planned system maintenance requiring outages will only occur outside of regular theatrical business hours (between 2am – 10am CST). Subscribers are not entitled to an account credit due to site inaccessibility during a planned service outage.
6. Internet Privacy and Children Under 13
From time to time it may become necessary for a subscriber to allow children under the age of 13 to access the service. Pursuant to the Children’s Online Privacy Protection Act (COPPA), no child’s personal information is to be shared by the service without express consent from the child’s legal parent or guardian. For more information about COPPA, visit http://www.ftc.gov/bcp/conline/pubs/buspubs/coppa.htm.
Responsibility for COPPA compliance lies with the subscriber. The service provider shall not be held liable for violations of COPPA and will fully comply with any legal action or investigation regarding children’s personal information stored on its service.
7. Copyright Protection
The service provider retains ownership and liability for intellectual property associated with the processes, programming, and source materials of the service. Promotional, marketing, and website design materials associated with the service are also intellectual property of the service provider. The subscriber assumes all liability for intellectual property which is stored on their site. This includes, but is not limited to: written documents, photographic recordings, video recordings, audio recordings, and other intellectual property not in public domain as defined by the United States Copyright Office. The service provider is not liable for infringements by its subscribers on the intellectual property of others. The service provider does not verify or guarantee ownership of intellectual property uploaded or stored by its subscribers. Where required, the service provider complies with local, state and federal authorities in investigating copyright theft and fraud.
8. File Sharing/File Uploading/File Trafficking
The service provider reserves the right to refuse the service to a subscriber if they participate in or are suspected of participating in illegal file sharing of copyrighted material, transmission of malicious software, or any other illegal or unethical online activities. Files which are deemed by the service provider to be pornographic in nature, whether illegal or not, are prohibited from being stored by, shared on, or transmitted by the service.
9. Legal Action and Arbitration
The service provider is committed to quick and amicable dispute resolution in an effort to maintain good relationships within the industry. However, should the service provider and the subscriber have a dispute that cannot be settled after a good-faith effort of both parties, the parties hereby agree to settle by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Antonio, Texas and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, the service provider may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE SERVICE PROVIDER BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
11. Data Loss
The service provider shall utilize an industry standard system for backing up the subscriber’s data. Should a system failure occur, the service provider shall rapidly restore the most recent backup, which may result in up to 7 days of data loss. THE SERVICE PROVIDER SHALL NOT BE HELD LIABLE FOR DAMAGES RESULTING FROM DATA LOSS.
The subscriber agrees to hold harmless and indemnify the service provider from and against any third party claim arising from or in any way related to your use of the service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, the service provider will provide you with written notice of such claim, suit or action.
13. Service Marks, Trademarks, and Copyrights
Service marks, trade marks, and copyrights which are owned by the service provider are fully protected under state and federal laws. Any attempt to circumvent security measures, access source code, or steal legal trade and service marks will result in immediate suspension of the subscriber’s service and possible legal action.
14. System Security
The service provider takes every necessary precaution to keep malicious individuals from compromising the service. Any effort to circumvent security policies, access source code, access databases, overload server processes, etc will be prosecuted to the full extent of the law. Should the attack come from a subscriber or user, their account access will be immediately revoked.
15. Denial of Service
The service provider reserves the right to deny service to any subscriber, at any time, for any reason. Subscribers who do not comply with terms of the agreement will have their service suspended with or without notification.
16. Changes to this Agreement
Periodic changes may be made to this agreement at the service provider’s discretion. Subscribers will be notified of any changes to the service agreement and will be given the option to accept or decline such changes. Declining changes will result in termination of the subscriber’s account.
17. Contact Information
PO Box 762229
San Antonio TX, 78245
Phone: (888) 666-0558