Policies
Policies
Acceptable Use Policy
WorldSpice's Acceptable Use Policy (AUP)
Revision 13, 17 July 2015
This document is binding for all WorldSpice users. Use of WorldSpice's services signifies your acceptance of this document. It is not meant to threaten or intimidate but merely formalize some generally accepted reasonable guidelines for good use of the Internet.
WorldSpice reserves the right to change policy at any time, therefore this document should be read regularly and in its entirety. Further, WorldSpice reserves the right to terminate service based on abuse of this Acceptable Use Policy, or perceived abuse of same, with or without prior notice.
The current AUP will be available on the World Wide Web at:
http://www.worldspice.net/policies/aup.html
All related correspondence should be directed to abuse@worldspice.net.
What Is Acceptable
WorldSpice Internet access services may be used to send and receive email, retrieve documents and files via the WWW or FTP, use online chat services like IRC and ICQ, access social media sites, stream videos, read and post to Usenet (newsgroups), or engage in any other acceptable use of the Internet.
As a WorldSpice user, you are also bound by the rules and policies of any non-WorldSpice service you use while connected through our system and are responsible for upholding them.
Also, as a subscriber to the service we provide, you are bound by state and national laws concerning the use of the Internet. You must abide by the laws set forth by the State of Tennessee, the state wherein you reside, and the United States Government that are concerned with the appropriate use of the Internet. Laws of foreign jurisdictions that your data may transit may also apply.
NOTE: WorldSpice reserves the right to record details about all data transmitted through its network. The resulting records may be viewed at any time by WorldSpice technical staff, law enforcement agencies, with the required authorization, or those who have attained appropriate permission to review those log files. The data that is stored in those files can and will be used in any legal proceeding if necessary.
What Is NOT Acceptable
Denial of Service (DoS)
DoS is defined as any action which attempts to deny or in any way restrict the use or access to the Internet of any individual or group of people, or attempts to impair the ability of any machine or site on the Internet to provide service. DoS attacks by WorldSpice customers will result in immediate termination of service. Denial of Service attacks are a federal offense.
WorldSpice accounts whose users, through inappropriate activity on the Internet or misuse of WorldSpice's services, provoke DoS attacks against WorldSpice are considered a liability to WorldSpice network's integrity and will be suspended.
Hacking
Hacking is defined as any attempt, whether successful or not, to gain access to or retrieve data from any computer system, within or outside WorldSpice's network, without authorization from its maintainer or owner. Evidence of hacking will lead to immediate termination of service and possibly to prosecution. WorldSpice will assist any law enforcement agency or concerned Internet Service Provider in tracking and stopping hacking activities from within or transiting the WorldSpice network.
Under the broader sense of the term, the same policy applies to port scanning, vulnerability probes and intentional distribution of trojan horse programs, viruses and worms, as well as making use of systems compromised by third parties.
Spamming
Spamming will not be tolerated. Spamming includes, but is not limited to, these definitions:
The sending of unsolicited commercial email.
Unsolicited mass emailing of any sort.
The posting of articles to inappropriate newsgroups.
The excessive cross posting (posting to more than one news group) of articles.
Mass-advertising on online chat services such as Internet Relay Chat.
Commercial email is acceptable if it has been solicited. The question of solicited is black and white, either it has been requested or it has not.
Unsolicited email requires that the person that receives it must spend money to read it. It goes beyond freedom of speech to require that someone pay to hear what you say. Freedom of speech is acceptable as long as it is free. Spam is not free.
Harassment
Harassment of other Internet users via email, on online chat services, or through Usenet postings is strongly discouraged and WorldSpice will respond to complaints regarding local users. In any case, we assume the concerned party has taken reasonable measures to avoid the person in question and that those measures have failed.
Distribution of Sexually Oriented Material
The distribution of sexually explicit material and images, as perceived by WorldSpice, will not be allowed in any way, shape, or form on any WorldSpice servers. This means that no personal or commercial web site hosted by WorldSpice will contain sexually explicit material. Sites or personal pages hosting such material will be removed when found.
NOTE: Posting adult material is in violation of Tennessee state law.
WorldSpice does not censor or filter incoming traffic but reserves the right to monitor the content of material being distributed through it. In short, you may download anything that is legally acceptable in your state and for your age but you may not use WorldSpice services to distribute what may be deemed obscene.
WorldSpice assumes no liability for unsuitable material accessed by minors. The responsibility of controlling access to such lies exclusively with the parents or legal guardians.
Account Security
You are solely responsible for the security of your account. WorldSpice assumes no liability for misuse of an account by unauthorized third parties and will terminate such an account immediately upon detection if necessary.
Acceptable Use Policy
WorldSpice’s Acceptable Use Policy (AUP)
Revision 13, 17 July 2015
This document is binding for all WorldSpice users. Use of WorldSpice’s services signifies your acceptance of this document. It is not meant to threaten or intimidate but merely formalize some generally accepted reasonable guidelines for good use of the Internet.
WorldSpice reserves the right to change policy at any time, therefore this document should be read regularly and in its entirety. Further, WorldSpice reserves the right to terminate service based on abuse of this Acceptable Use Policy, or perceived abuse of same, with or without prior notice.
The current AUP will be available on the World Wide Web at:
http://www.worldspice.net/policies/aup.html
All related correspondence should be directed to abuse@worldspice.net.
What Is Acceptable
WorldSpice Internet access services may be used to send and receive email, retrieve documents and files via the WWW or FTP, use online chat services like IRC and ICQ, access social media sites, stream videos, read and post to Usenet (newsgroups), or engage in any other acceptable use of the Internet.
As a WorldSpice user, you are also bound by the rules and policies of any non-WorldSpice service you use while connected through our system and are responsible for upholding them.
Also, as a subscriber to the service we provide, you are bound by state and national laws concerning the use of the Internet. You must abide by the laws set forth by the State of Tennessee, the state wherein you reside, and the United States Government that are concerned with the appropriate use of the Internet. Laws of foreign jurisdictions that your data may transit may also apply.
NOTE: WorldSpice reserves the right to record details about all data transmitted through its network. The resulting records may be viewed at any time by WorldSpice technical staff, law enforcement agencies, with the required authorization, or those who have attained appropriate permission to review those log files. The data that is stored in those files can and will be used in any legal proceeding if necessary.
What Is NOT Acceptable
Denial of Service (DoS)
DoS is defined as any action which attempts to deny or in any way restrict the use or access to the Internet of any individual or group of people, or attempts to impair the ability of any machine or site on the Internet to provide service. DoS attacks by WorldSpice customers will result in immediate termination of service. Denial of Service attacks are a federal offense.
WorldSpice accounts whose users, through inappropriate activity on the Internet or misuse of WorldSpice’s services, provoke DoS attacks against WorldSpice are considered a liability to WorldSpice network’s integrity and will be suspended.
Hacking
Hacking is defined as any attempt, whether successful or not, to gain access to or retrieve data from any computer system, within or outside WorldSpice’s network, without authorization from its maintainer or owner. Evidence of hacking will lead to immediate termination of service and possibly to prosecution. WorldSpice will assist any law enforcement agency or concerned Internet Service Provider in tracking and stopping hacking activities from within or transiting the WorldSpice network.
Under the broader sense of the term, the same policy applies to port scanning, vulnerability probes and intentional distribution of trojan horse programs, viruses and worms, as well as making use of systems compromised by third parties.
Spamming
Spamming will not be tolerated. Spamming includes, but is not limited to, these definitions:
The sending of unsolicited commercial email.
Unsolicited mass emailing of any sort.
The posting of articles to inappropriate newsgroups.
The excessive cross posting (posting to more than one news group) of articles.
Mass-advertising on online chat services such as Internet Relay Chat.
Commercial email is acceptable if it has been solicited. The question of solicited is black and white, either it has been requested or it has not.
Unsolicited email requires that the person that receives it must spend money to read it. It goes beyond freedom of speech to require that someone pay to hear what you say. Freedom of speech is acceptable as long as it is free. Spam is not free.
Harassment
Harassment of other Internet users via email, on online chat services, or through Usenet postings is strongly discouraged and WorldSpice will respond to complaints regarding local users. In any case, we assume the concerned party has taken reasonable measures to avoid the person in question and that those measures have failed.
Distribution of Sexually Oriented Material
The distribution of sexually explicit material and images, as perceived by WorldSpice, will not be allowed in any way, shape, or form on any WorldSpice servers. This means that no personal or commercial web site hosted by WorldSpice will contain sexually explicit material. Sites or personal pages hosting such material will be removed when found.
NOTE: Posting adult material is in violation of Tennessee state law.
WorldSpice does not censor or filter incoming traffic but reserves the right to monitor the content of material being distributed through it. In short, you may download anything that is legally acceptable in your state and for your age but you may not use WorldSpice services to distribute what may be deemed obscene.
WorldSpice assumes no liability for unsuitable material accessed by minors. The responsibility of controlling access to such lies exclusively with the parents or legal guardians.
Account Security
You are solely responsible for the security of your account. WorldSpice assumes no liability for misuse of an account by unauthorized third parties and will terminate such an account immediately upon detection if necessary.
Billing Policies/Billing Information
Billing Policies/Billing Information
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Billing Cycles
WorldSpice Technologies has one billing cycle that is generated on the 1st of each month. Invoices are mailed 15 days prior to the invoice date, and payment is due in advance for services rendered.
WorldSpice accepts Visa, MasterCard, American Express, Discover, and ACH Payments.
Accounts
All business accounts are set up as Net 15 unless special arrangements are made with the Accounting Department.
General Information
Cancellations
To cancel service, we require written and verbal notification 30 days prior to your billing cycle date. Other terms and conditions of cancellation may apply. Please contact us directly for any questions concerning cancellation.
Support
Questions regarding the status of your account should be directed to our Accounting Department:
Telephone: (901) 318-3070
Hours: 8am to 5pm, Monday through Friday
Payments
Physical Payments should be mailed or delivered to the following addresses:
Main Office
5050 Poplar Avenue, Suite 525
Memphis, TN, 38157
Mailing Address
P.O. Box 111368
Memphis, TN, 38111
Billing Cycles
WorldSpice Technologies has one billing cycle that is generated on the 1st of each month. Invoices are mailed 15 days prior to the invoice date, and payment is due in advance for services rendered.
WorldSpice accepts Visa, MasterCard, American Express, Discover, and ACH Payments.
Accounts
All business accounts are set up as Net 15 unless special arrangements are made with the Accounting Department.
General Information
Cancellations
To cancel service, we require written and verbal notification 30 days prior to your billing cycle date. Other terms and conditions of cancellation may apply. Please contact us directly for any questions concerning cancellation.
Support
Questions regarding the status of your account should be directed to our Accounting Department:
Telephone: (901) 318-3070
Hours: 8am to 5pm, Monday through Friday
Payments
Physical Payments should be mailed or delivered to the following addresses:
Main Office
5050 Poplar Avenue, Suite 525
Memphis, TN, 38157
Mailing Address
P.O. Box 111368
Memphis, TN, 38111
WorldSpice Privacy Policy
WorldSpice values you and respects your right to privacy. We understand and appreciate that you purchase our services and/or products not only because of our commitment to providing high quality services and products, but also because of our commitment to making you a satisfied customer. As part of this commitment to making you a satisfied customer, we have vowed to treat your information responsibly and have made this privacy policy.
Confidentiality and Security
WorldSpice protects your information by maintaining physical, technical, and procedural safeguards. Access to your information is restricted to employees who need it to perform their duties. Any third-party business partners are bound by contract to only use the information for WorldSpice purposes. They are prohibited from disclosing it or using it in any undesignated way. We comply with all data security laws.
Collecting Your Personal Information
WorldSpice collects personal information about you from a few different sources. Information is collected from your Service Order Agreement with WorldSpice and other various forms that you may fill out from time to time. In addition, information may be collected from your financial transactions with WorldSpice. Other types of information that may be collected depends on the type of service ordered.
We collect anonymous data from visitors to our website to provide better services to all of our users. Information is collected through Google Analytics by use of a cookie that collects anonymous traffic data. Any information collected by us will not be used to track or collect personally identifiable information, nor will Worldspice share it with any third party other than Google. We may use this Anonymous Information to analyze usage patterns so that we may enhance our website, services and your user experience.
Please be aware that by using our services, including our website, you consent to the terms of Google's Privacy Policy as well as to ours. According to Google's Privacy Policy, Google will not share information about our site with any third parties unless Google (i) has our consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Google, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on Google's behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Google.
Collection of your information can be stopped by setting your browser to disable all cookies.
Sharing Your Personal Information
WorldSpice does not sell your information to anyone. Some of your information may be shared by WorldSpice with a business that carries out a service for us, such as a subcontractor or affiliate.
Your information may be shared by us as required or permitted by law. In addition, WorldSpice may share your information for a legal or regulatory purpose or to combat fraud or terrorism.
Information Sharing and Opt Out
There is no reason to opt out, because WorldSpice does not share your information for marketing purposes. Your information will not be shared with anyone for any reason, except to service your account and/or existing services and/or existing products. Should WorldSpice change its sharing policy, you will be notified and given the option to opt out before we share any of your information.
Should you have any questions or concerns regarding the WorldSpice Privacy Policy, please feel free to contact us.
WorldSpice Privacy Policy
WorldSpice values you and respects your right to privacy. We understand and appreciate that you purchase our services and/or products not only because of our commitment to providing high quality services and products, but also because of our commitment to making you a satisfied customer. As part of this commitment to making you a satisfied customer, we have vowed to treat your information responsibly and have made this privacy policy.
Confidentiality and Security
WorldSpice protects your information by maintaining physical, technical, and procedural safeguards. Access to your information is restricted to employees who need it to perform their duties. Any third-party business partners are bound by contract to only use the information for WorldSpice purposes. They are prohibited from disclosing it or using it in any undesignated way. We comply with all data security laws.
Collecting Your Personal Information
WorldSpice collects personal information about you from a few different sources. Information is collected from your Service Order Agreement with WorldSpice and other various forms that you may fill out from time to time. In addition, information may be collected from your financial transactions with WorldSpice. Other types of information that may be collected depends on the type of service ordered.
We collect anonymous data from visitors to our website to provide better services to all of our users. Information is collected through Google Analytics by use of a cookie that collects anonymous traffic data. Any information collected by us will not be used to track or collect personally identifiable information, nor will Worldspice share it with any third party other than Google. We may use this Anonymous Information to analyze usage patterns so that we may enhance our website, services and your user experience.
Please be aware that by using our services, including our website, you consent to the terms of Google’s Privacy Policy as well as to ours. According to Google’s Privacy Policy, Google will not share information about our site with any third parties unless Google (i) has our consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Google, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on Google’s behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Google.
Collection of your information can be stopped by setting your browser to disable all cookies.
Sharing Your Personal Information
WorldSpice does not sell your information to anyone. Some of your information may be shared by WorldSpice with a business that carries out a service for us, such as a subcontractor or affiliate.
Your information may be shared by us as required or permitted by law. In addition, WorldSpice may share your information for a legal or regulatory purpose or to combat fraud or terrorism.
Information Sharing and Opt Out
There is no reason to opt out, because WorldSpice does not share your information for marketing purposes. Your information will not be shared with anyone for any reason, except to service your account and/or existing services and/or existing products. Should WorldSpice change its sharing policy, you will be notified and given the option to opt out before we share any of your information.
Should you have any questions or concerns regarding the WorldSpice Privacy Policy, please feel free to contact us.
Terms & Conditions
1. Service Offering.
You ("Customer") agree you are contracting for the services ("Services") referenced on the WorldSpice Service Order Agreement ("SOA") with WebNet Memphis, Inc., d.b.a. WorldSpice Technologies ("WorldSpice"). This Agreement (as defined below) between Customer and WorldSpice sets forth the legal rights and obligations governing the WorldSpice offer, provisioning, and delivery of Services to Customer and Customer's use of those Services.
2. WorldSpice Network Usage.
A. Compliance with Law and Policy. Customer agrees to comply with WorldSpice Net-Abuse Policy ("Policy") and as the Policy may be modified by WorldSpice from time to time. Any content, material, message, or data made available or transmitted through the Service, wherever it is sent from, viewed, received, or retrieved, that is in violation of (i) any local, state, federal, foreign or international law, regulation or treaty; (ii) the Policy; or (iii) any community standard or accepted Internet policy is prohibited.
B. Customer-Only Traffic. The right to use the Service is strictly limited to Customer only and does not extend to any other person, corporation or entity except for wholly-owned affiliates of Customer and those members of Customer's staff and consultants in the course of performing work for Customer.
C. Third Party Traffic. Customer may not host worldwide web sites on behalf of third parties. In addition, Customer may not feed USENET News to a third party including, but not limited to, electronic mail, back to WorldSpice wide-area network system (the "Network") or the Internet through the Service. Any other third party traffic, including packet access and electronic mail, whether sent or received through Customer's facilities by or on behalf of a third party through the Service, is expressly prohibited.
3. Network Numbers and Domain Names.
A. Network Numbers. WorldSpice shall assign IP addressing for use by Customer during the term of the Service. With justification, as required by WorldSpice and cooperation with the appropriate IP addressing body, such as ARIN (American Registry for Internet Numbers) or InterNIC (Internet Network Information Center), additional addresses for large sites may be assigned for an additional fee. In addition, WorldSpice may change IP address assignments, as they deem necessary, from time to time.WorldSpice network numbers are and will remain at all times the property of WorldSpice. If Service is terminated, for any reason whatsoever, the WorldSpice network numbers used by Customer will remain the property of WorldSpice and are subject to reassignment and reuse by WorldSpice, in WorldSpice's sole discretion. WorldSpice has sole discretion as to the Internet routing of the network numbers.
B. Domain Name. Customer, not WorldSpice is responsible for the ownership, control and use of the domain name upon its registration and at all times thereafter, including the renewal of registration of any domain names.
4. Technical Support.
A. WorldSpice Technical Support. WorldSpice provides 24/7 technical support via telephone. Some technical support may also be obtained by accessing www.worldspice.net.
Service Calls. In the event that WorldSpice makes a Service Call to Customer's premises, and the underlying problem proves to be the Customer's network or a problem with the WorldSpice network which has been caused by Customer, whether intentionally or negligently, then Customer shall be invoiced and pay an amount equal to the amount of time that the Service Technician spends working on the problem multiplied by the Service Technician's then hourly rate. The amount invoiced and paid shall be in addition to any monthly recurring charges, any non-recurring charges and/or any equipment charges.
B. Customer Provided Technical Support. Day-to-day operations and technical support of Customer's internal LAN shall be the sole responsibility of Customer. Day-to-day operations shall include, but not be limited to: on-site configuration (including packet filtering), testing, trouble-shooting, maintenance, and upgrades of Customer Equipment and/or software.
C. Shared Technical Support. WorldSpice will work with Customer's LAN Administrator to troubleshoot any problems or issues with Customer's network in regard to access to the Internet.
5. Fees.
A. Service Fees. The fees for Services, both recurring and non-recurring, including but not limited to installment costs, equipment costs, and software costs, shall be set forth in the SOA and shall be valid for the Initial Term. Fees do not include taxes, surcharges and fees charged by WorldSpice.
B. Early Cancellation Fees. If Customer selected an Initial Service Term of more than one month, Customer has been provided a special rate on non- recurring and/or recurring fees in exchange for Customer's agreement to purchase Service for the full Term, as specified in the SOA. If Customer terminates after his/her installation date, but before the end of the his/her Term or prior to the end of any subsequent term, or WorldSpice terminates following Customer's default of the SOA or these Terms and Conditions, Customer agrees to pay, not as a penalty, but rather as liquidated damages in addition to all other incurred charges for Service, the following:
1. an Early Cancellation fee equal to 75% of the following: the Monthly Recurring Fee that is currently being charged, multiplied by the number of months remaining until the end of the Term; and
2. any fees that have been waived, including any discounts given.
C. Transfer Fees. Should Customer relocate its business to a location different than the location receiving Service under the SOA, during the Initial Term of the SOA, these Terms and Conditions shall remain in full force and effect with the exception that WorldSpice may charge Customer an additional reconnection or transfer fee for the re-installation of Services at the new location. If the Service is not transferred due to Customer's request not to or because it cannot be for technical reasons, Early Cancellation Fees, as provided herein, shall be applied if applicable.
D. Taxes. Customer agrees to pay to WorldSpice any and all State (including but not limited to Tennessee) and Federal sales taxes applicable to the items listed on the SOA. WorldSpice shall remit any taxes collected to the appropriate collecting agency. If WorldSpice becomes subject to any new taxes or fees by any applicable legislative authority or any of its telecommunications providers, WorldSpice reserves the right to pass these fees and/or taxes onto Customer, including any administrative costs.
6. Billing.
A. First Invoice. The first invoice will be generated shortly after the date of Installation. This invoice is due upon receipt and shall include, but is not limited to the following: (i) any non-recurring charges for installation and/or setup; (ii) the first monthly recurring Service Fee; and (iii) fees for any additional options, equipment or software ordered (if any).
B. Subsequent Invoices. Subsequent invoices will be for the specified term of Service and options (if applicable) and are payable on the first day of the month, for that particular month's Service.
C. Late Payments. Invoices not paid by their due date may be subject to a monthly interest fee equal to an amount of up to 1.5%, or the maximum percentage allowed by applicable laws, whichever is less, on all past-due balances. In the event of any default under the terms of this Agreement, Customer agrees to pay all costs of collection, including but not limited to: (1) collection fees; (2) court costs; (3) private process fees, and; (4) attorney's fees.
D. Returned or Rejected Payment. If Customer's payment is returned or rejected for any reason whatsoever, Customer agrees to pay a $20 fee to WorldSpice, in addition to any fees that may be charged to Customer, by an interested third party.
E. Payment History. Customer agrees that WorldSpice may request that an appropriate reporting agency furnish information to WorldSpice to enable it to assess Customer's payment history. The billing arrangements set forth above constitute an ordinary trade account and not the extension of "credit". Customer acknowledges that WorldSpice reserves that right to alter the billing arrangements to Customer either before or after acceptance of this Service Order based on the resulting information.
F. Changes. WorldSpice reserves the right to change the billing intervals upon written notice to Customer.
7. Term/Renewal/Termination.
A. Initial Service Term.
The SOA shall extend from the date of Installation, as defined, until the end of the Term, as specified in the SOA. The first month will be prorated as necessary. This Initial Term is NON-CANCELLABLE and/or NONTERMINABLE, expect as provided herein.
Date of Installation. The Date of Installation shall be the date that WorldSpice determines that the Service is available for Customer use.
B. Renewal.
Unless terminated by either party as provided herein, the SOA shall automatically renew after the Initial Term on a Month-to-Month basis, requiring 30 days written notice of termination, at a rate equal to the then current MRC plus ten percent (10%) or Customer's MRC, whichever rate WorldSpice shall choose in its sole discretion.
C. Termination.
1. For Default. Either party may terminate the SOA for default by the other party due to a material breach of the SOA or these Terms and Conditions should such breach not be cured within thirty (30) days of written notice to the offending party clearly specifying the breach. If the defaulting party is Customer than the Early Cancellation Fees, defined above, shall apply. A material breach of these Terms and Conditions and/or the SOA shall include, but is not limited to, cancellation by Customer prior to the end of the Initial Term or any subsequent Term.
2. For Non-Payment. After thirty (30) days of non-payment from the WorldSpice due date, Service may be disabled by WorldSpice (and then subject to a reconnection fee and a reconnection time-delay in Service) and /or the SOA terminated at WorldSpice's sole discretion. Disablement of the Service or termination of the SOA for non-payment does not remove Customer's responsibilities under the SOA and these Terms and Conditions, including but not limited to, the responsibility to pay all fees up to the date of disablement or termination as well as any Early Cancellation Fees, as defined above.
3. End of Term. Either party may terminate the SOA at the end of the Initial Term or any subsequent renewal term, for any reason, by providing written notification. Termination shall not be effective until thirty (30) days from the date of written notification. Customer is responsible for any and all fees up to the effective termination date.
8. Limited Warranties and Disclaimers.
A. Service. WorldSpice warrants that the Service will operate substantially in conformance with the specifications. WorldSpice makes no other warranties of any kind, whether expressed, implied, or statutory, including, but not limited to, any implied warranty of merchantability, fitness for the Service for a particular purpose and non-infringement of any third party rights. Customer is responsible for assessing its own computer and transmission network needs, and the results to be obtained there from. Use of any information obtained through the Service is at Customer's risk. WorldSpice specifically denies any responsibility for the accuracy or quality of information obtained through the service.
B. Equipment. WorldSpice does not Warrant and/or Guarantee the life of any equipment. Any new, additional, or replacement equipment costs during any initial term and/or renewal term shall be borne by Customer.
C. Delays or Defaults. WorldSpice shall not be liable for delays or defaults in furnishing goods or services hereunder, if such delays or defaults on the part of WorldSpice are due to:
1. Acts of God or of a public enemy;
2. Acts of the United States or any state or political subdivision thereof;
3. Fires, severe weather, floods, earthquakes, natural disasters, explosions or other catastrophes;
4. Embargoes, epidemics or quarantine restrictions;
5. Shortage of goods, labor strikes, slowdowns, differences with workmen or labor stoppages of any kind;
6. Delays of supplier or delay of transportation for any reason;
7. Cause beyond the control of WorldSpice in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Customer reporting problems or furnishing information or materials.
D. Subpoenas. It is the policy of WorldSpice to comply with any legally written and served subpoenas to the extent that the law will allow.
9. Limited Liability of WorldSpice.
A. Exclusive Remedies. WORLDSPICE'S ENTIRE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDIES AGAINST WORLDSPICE, FOR ANY DAMAGES CAUSED BY ANY SERVICE OUTAGE, DEFECT OR FAILURE SHALL BE AN OUTAGE CREDIT BASED UPON THE COST OF THE SERVICE AND THE DURATION OF THE OUTAGE, DEFECT OR FAILURE.
B. Limitation of Liability. WORLDSPICE'S ENTIRE LIABILITY FOR OTHER CLAIMS ARISING IN CONNECTION WITH ANY SERVICE OR THIS AGREEMENT, IF NOT OTHERWISE LIMITED BY ANOTHER PROVISION OF THIS AGREEMENT, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED PER CLAIM (OR IN THE AGGREGATE DURING ANY THREE-MONTH PERIOD) THE TOTAL NET PAYMENTS MADE BY CUSTOMER FOR THE APPLICABLE SERVICE DURING THE SIX (6) MONTHS PRECEDING THE MONTH IN WHICH THE DAMAGE OCCURRED.
C. No Consequential or Punitive Damages. IN NO EVENT SHALL WORLDSPICE BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTIES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OF ANY KIND OR INCREASED COST OF OPERATIONS, WHETHER OR NOT WORLDSPICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
D. Technical Limitations. WORLDSPICE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO: INTEROPERABILITY, INTERACTION OR INTERCONNECTION PROBLEMS WITH APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY THE CUSTOMER OR THIRD PARTIES; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF THE CUSTOMERS' OR THIRD PARTIES' APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, EQUIPMENT, NETWORK OR SYSTEMS.
E. Form of Claim. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION AND IN ANY ATTACHMENT SHALL APPLY: (i) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE; AND (ii) WHETHER OR NOT DAMAGES WERE FORESEEABLE. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDIES PROVIDED IN THIS AGREEMENT, AND (iii) ONLY TO DISPUTES WHICH ARISE FROM THE PERFORMANCE OF THIS AGREEMENT AND ANY ATTACHMENT THERETO.
10. General Terms.
A. Assignment/Transfer. Customer may not sell, transfer, or assign the SOA and these Terms and Conditions, except to entities completely controlling or controlled by Customer, or to entities acquiring all or substantially all of its assets, without the prior written consent of WorldSpice, which consent shall not be unreasonably withheld.
B. No Third Party Beneficiaries. This Agreement does not expressly or implicitly provide any third party (including endusers) with any remedy, claim, liability, reimbursement, cause of action or other right or privilege.
C. Modification. The SOA and these Terms and Conditions may be modified only in a writing signed by Customer and WorldSpice.
D. Notice. All notices must be in writing. All notices to WorldSpice shall be addressed and delivered to: 5050 Poplar, Suite #170, Memphis, Tennessee, 38157. All notices to Customer shall be addressed to the billing address specified on the relevant SOA, unless otherwise stated in an addendum to the SOA. If a party's notice address changes for any reason, that party shall notify the other in writing of this new address.
E. Severability. If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and unimpaired, and shall continue in full force and effect.
F. Captions. Captions contained in these Terms and Conditions are for reference purposes only, and are not intended by either party to describe, interpret, define, broaden or limit the scope, extent or intent of these Terms and Conditions or any of its provisions.
G. No Waiver. Either party's failure to enforce any provision or term of this Agreement shall not be construed as a future or continuing waiver of such provision or term of this Agreement.
H. Governing Law. The SOA and these Terms and Conditions shall be governed by the substantive law of the State of Tennessee without reference to its principles of conflicts of law.
I. Jurisdiction. By signing below, customer hereby agrees to submit to personal jurisdiction and venue of court of subject matter jurisdiction located in Shelby County, Tennessee, for any action or proceeding arising out of or in relation to the SOA or these Terms and Conditions.
Rev. 11.16.05
WORLDSPICE INTERCONNECTED
VoIP 911/E911 DISCLOSURE
WebNet Memphis, Inc., dba WorldSpice Technologies (“WorldSpice”) and/or WorldSpice Communications, Inc., like all Telecom providers, is subject to an FCC requirement to provide notification of any 911/E911 limitations that may be associated with the interconnected VoIP service provided to your company.
There are critical differences between old traditional telephone service and interconnected VoIP service.
911 emergency services will not be available in the event of a power failure.
911 emergency services will not be available in the event of an internet failure.
There are severe limitations (details below) to 911 emergency services if you move your phone from its registered location.
Loss of 911 services due to power failure or internet connection failure:
Historically, telephone service has been powered by electrical power within the telephone network. If you subscribe to WorldSpice Voice services, power is supplied directly from the premise in which you are operating the telephone.
In the event of a commercial power outage, and if your building does not have a back-up power system, after all UPS systems are exhausted, your telephone service, including your 911, will not function until power is restored. Loss of power to your broadband gateway (through which your service is provided) will cause a loss of telephone and 911 services. Any internet connection failure will cause a loss of telephone and 911 services.
WorldSpice recommends that you always have an alternative means of accessing 911 during a power failure and/or an Internet connection failure.
To ensure that 911 calls are properly routed:
Do not move the equipment installed at your service location of record with WorldSpice to another location. Emergency services are set in the 911 database to go to your service location of record with WorldSpice regardless of where the equipment is located.
Always state the telephone number and address that you are calling from to the 911 operator. The 911 operator receiving the emergency call may not be able to automatically identify your phone number and physical location and be able to call you back if the call is disconnected. Therefore you must specify the exact location of the emergency and the telephone number from which you are calling.
Contact WorldSpice Technical Support at 901-318-3070 when you plan to move your service location of record. Since your WorldSpice Voice service will not provide 911 services from another location, you MUST notify WorldSpice before you move the registered location of your service. To help remind you about the availability of 911 emergency services, we are providing a label that you should photo copy and place on or near your telephones or devices.
WORLDSPICE INTERCONNECTED
VoIP 911/E911 DISCLOSURE
WebNet Memphis, Inc., dba WorldSpice Technologies (“WorldSpice”) and/or WorldSpice Communications, Inc., like all Telecom providers, is subject to an FCC requirement to provide notification of any 911/E911 limitations that may be associated with the interconnected VoIP service provided to your company.
There are critical differences between old traditional telephone service and interconnected VoIP service.
911 emergency services will not be available in the event of a power failure.
911 emergency services will not be available in the event of an internet failure.
There are severe limitations (details below) to 911 emergency services if you move your phone from its registered location.
Loss of 911 services due to power failure or internet connection failure:
Historically, telephone service has been powered by electrical power within the telephone network. If you subscribe to WorldSpice Voice services, power is supplied directly from the premise in which you are operating the telephone.
In the event of a commercial power outage, and if your building does not have a back-up power system, after all UPS systems are exhausted, your telephone service, including your 911, will not function until power is restored. Loss of power to your broadband gateway (through which your service is provided) will cause a loss of telephone and 911 services. Any internet connection failure will cause a loss of telephone and 911 services.
WorldSpice recommends that you always have an alternative means of accessing 911 during a power failure and/or an Internet connection failure.
To ensure that 911 calls are properly routed:
Do not move the equipment installed at your service location of record with WorldSpice to another location. Emergency services are set in the 911 database to go to your service location of record with WorldSpice regardless of where the equipment is located.
Always state the telephone number and address that you are calling from to the 911 operator. The 911 operator receiving the emergency call may not be able to automatically identify your phone number and physical location and be able to call you back if the call is disconnected. Therefore you must specify the exact location of the emergency and the telephone number from which you are calling.
Contact WorldSpice Technical Support at 901-318-3070 when you plan to move your service location of record. Since your WorldSpice Voice service will not provide 911 services from another location, you MUST notify WorldSpice before you move the registered location of your service. To help remind you about the availability of 911 emergency services, we are providing a label that you should photo copy and place on or near your telephones or devices.
