Terms Of Service For MaximumVoice.com
Revised: February 01, 2008 11:00 AM EST.(last updated Dec 21st 2008 08:50 PM EST)
Maximum Voice agrees to furnish services to the Client, subject to the
following TOS (Terms of Service) agreement. This document may be changed from
time to time at the discretion of Maximum Voice.
Disclosure to Law Enforcement:
This document specifically prohibits the use of our services for illegal
activities. Therefore, Clients agree that Maximum Voice may disclose any and
all client information including assigned IP numbers, account history, account
use, and any other account information to any law enforcement agency that
makes a written request without further consent or notification to the Client.
In addition Maximum Voice shall have the right to terminate all services set
forth in this Agreement.
Payment and Fees:
Clients acknowledge that the nature of the services furnished and the initial
rates and charges have been communicated to Clients. Clients are aware that
Maximum Voice may change the specified rates and charges from time to time,
and will notify clients upon occurrence. The promotional offer is contingent
upon Maximum Voice achieving and maintaining its cost of service goals
including but not limited to rates charged to Maximum Voice by its suppliers.
Establishment of this service is dependent upon receipt by Maximum Voice of
payment of stated charges. Subsequent payments are due on the anniversary date
of the month for that month's service. All accounts and services provided by
Maximum Voice may be subject to the current tax rate as imposed by the City of
Bloomington, in the state of Illinois which is currently 7.50%. The above
applies to all accounts and services provided by Maximum Voice. Services will
be interrupted on accounts that reach 1 day past due. Service interrupted for
non-payment may be subject to a $10 re-instate charge. Accounts not paid by
due date are subject to a $5 late fee per every fifteen days overdue. Accounts
that are not collectible by Maximum Voice may be turned over to an outside
collection agency for collection. If your account is turned over for
collection, you agree to pay Maximum Voice a "Processing and Collection" Fee
of not less than $150. Client authorizes Maximum Voice to attempt to collect
on invoices once they become past due. Client acknowledges that, in the event
an invoice becomes past due, Maximum Voice may attempt to collect the funds by
subsequent charges to the credit card used, or by subsequent PayPal Money
Requests being sent to the client. Client authorizes Maximum Voice to attempt
to re-process any transaction until funds are paid in full, or until the
account is referred to an outside agency for further collection action, as per
this section. If you desire to cancel your account, please follow the proper
procedure to do this as outlined in this document.
PayPal Subscription Cancellations:
Clients acknowledge that if they cancel their Pay Pal subscription without
requesting service cancellation, Maximum Voice may require the client to
re-establish a subscription in order to continue service. Note that
cancellation of a PayPal subscription does not cancel your service account with our
company. Clients who wish to cancel their service must contact us in
accordance with the Account Cancellation section of this agreement. If a
client has requested a cancellation of service, it is also their responsibility
to terminate the PayPal payment subscription, we cannot do this for you. No refund will
be issued to clients who fail to cancel their PayPal subscription instructions.
Keep in mind that Maximum Voice has no access to bill, charge, withdraw funds from,
or otherwise access/alter ANY client's PayPal account. Only the PayPal account holder
can, or should have that type access to their account.
Subscription Service:
All services with Maximum Voice are subscription-based services. This means
the client is agreeing to a term-to-term subscription. A client who chooses to
pay month to month, quarter to quarter, semi-annual to semi-annual and annual
to annual agrees to be held liable for any and all charges until which time
the client wishes to terminate service per the Account Cancellation section
of this document. Client understands that by placing an order with us, they
are accepting this Terms of Service agreement and that they are agreeing to a
Subscription based service and not a one-time fee to clients card or PayPal account.
Client may terminate this subscription at any time and may be entitled to a
refund if client cancels service via the proper method and still gets billed
after the billing date due to some error on the part of Maximum Voice.
Refunds and Disputes:
All payments made to Maximum Voice for services excluding current specials and
voice servers not hosted in the United States, Canada, and London are
refundable up to 30 days of initial sign up following the terms stated below
for the 30 day money back guarantees. Game servers* are refundable up to the first
five days of service for any reason, but you must begin working with us to
resolve the issue before a refund is issued. Should we feel the issue is
resolved, we will deny the refund request. This includes the one time setup
fee and subsequent charges regardless of usage. All overcharges or billing
disputes must be reported within five days of the time the dispute occurred.
By reading this you hereby agree to not dispute a charge (create a charge
back) with your credit card company. If you dispute a charge to your credit
card issuer that, in Maximum Voice sole discretion is a valid charge under the
provisions of this document, you agree to pay Maximum Voice an "Administrative
Fee" of $150.
30 Day Money Back Guarantee:
Maximum Voice offers a 30 day money back guarantee, if at anytime you are
having issues with your service within 30 days and our staff members are
unable to resolve the issues with your service we will gladly refund your
signup amount. Clients understand that they MUST work with our company to
attempt to resolve any issues, which they are having. Clients also acknowledge
that Maximum Voice is not responsible for conditions that are outside of our
ability to control, or client's actions in the billing system if the client
selects "immediate" termination of their account and does not allow us to
assist them with the issue. Clients who state they are not having issues,
their clan or guild fell apart, they didn't want to renew, someone else was
supposed to help with the payments, or any other similar factor that is beyond
the control of Maximum Voice and requests a refund will be refused. This
protects us from clients attempting to fraudulently use our service and gain
a refund or receive a refund without a reason that is valid in the eyes of Maximum Voice.
Account Cancellation: (Clients who signed up before December 20th 2008)
All requests for cancellation must be made in writing with at least 1 days
notice. Requests to cancel service with Maximum Voice must be submitted in the
form of a ticket by visiting http://maximumvoice.com/support and
submitting a ticket to the Cancellations department from the support account
associated with the account that is being canceled. Please note that you must
still cancel your PayPal subscription in addition to requesting cancellation of
service with us. Service may be interrupted up to five days prior to the next
billing cycle. The ticket system will assign out a ticket id for your reference
immediately after you have submitted your ticket. This ticket id is sufficient
evidence that you did indeed request to cancel service, client agrees to keep
this ticket id handy in the even the client wishes to dispute a charge.
Client agrees that Maximum Voice will NOT take phone cancellations and all cancellations
must be done via the ticket system provided above, clients who state they canceled
via phone or did not complete an email cancellation request will not be entitled to
any reimbursement and will be held liable for services rendered. If you are unable to login to the support center you can email us at
billing@maximumvoice.com however you will be required to verify your account and respond to our reply,
you cannot simply "send an email and forget about it".
Account Cancellation: (Clients who signed up after December 19th 2008)
MaximumVoice allows for a "Self" cancellation system by simply choosing cancel in
our billing system. Your cancellation will be automatically processed based on the
selection you make. Cancellations are either "Immediate" or "end of billing cycle". Please note
that you must still cancel your PayPal subscription in addition to canceling via our
billing system (if paying with PayPal). Client agrees that Maximum Voice will NOT take
phone cancellations or email cancellation requests for these accounts and all cancellations
must be done via the billing system as stated above, clients who state they canceled
via phone or email will not be entitled to any reimbursement and will be held liable for services
rendered. Clients must also note that if they select the "Immediate" cancellation option
and they still have time remaining on the Package, MaximumVoice will not refund, or
pro-rate any refund for these accounts as we have already allocated and paid for the
resources for the entire period. Clients MUST also be aware that while the system will
allow you to submit a cancellation request if you have an overdue invoice, you are still
responsible for that overdue invoice.
Client Acknowledgment:
The Client acknowledges that the service provided is of such a nature that
service can be interrupted for many reasons. Therefore, the Client agrees that
Maximum Voice shall not be liable for any damages arising from any reason.
Furthermore, Maximum Voice may terminate your account at any time, without
notice as it sees fit.
New Order Processing:
The client acknowledges that Maximum Voice processes Voice Communication
packages instantly and automatically upon payment completion. Client agrees
that in the event the client does not receive a copy of his/her welcome e-mail
that the client will contact Maximum Voice immediately to obtain a new copy of
his/her welcome e-mail. Clients who do not contact Maximum Voice immediately will be held
liable for all services being rendered until which time the client requests to
cancel those services with Maximum Voice. The Client also may obtain a new
copy of his/her welcome email by logging into the Client Control Center and
visiting the link "View Welcome Emails".
Support Boundaries:
Maximum Voice makes a guarantee that voice-related support requests will be
answered within 8 hours. We limit our technical support to our area of
expertise. The following is our guidelines when providing support: Maximum
Voice provides support related to your server or virtual site's physical
functioning. Maximum Voice does provide tech support for application specific
issues. Maximum Voice does not provide technical support for Client's
customers. Lastly the Help files in the program you are using may have the
answer to your question so please do investigate these resources before you
contact technical support. Maximum Voice provides support through our support
ticket system at our
Support
Center.
Backups:
Maximum Voice makes weekly backups of client data. However, the client agrees
to keep backups of the clients own website, mail, and mysql files. The client
agrees to not hold Maximum Voice accountable for any data loss due to but not
limited to: a hard drive failure, data corruption, system failures, system
upgrades, or system additions. Maximum Voice does not and will not keep
backups of client personal files or folders. In the event of a system failure
Maximum Voice will attempt to recover client files but may not always succeed.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of
the Maximum Voice' Network. Violations of system or network security may
result in civil or criminal liability. Maximum Voice will investigate
occurrences, and cooperate with law enforcement authorities in prosecuting
Users who are involved in such violations. These violations include, without
limitation:
A
Accessing data not intended for such User or logging into a server or account,
which such User is not authorized to access.
B
Attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization.
C
Attempting to interfere with services to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail bombing" or
"crashing".
D
Forging any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting.
E
Taking any action in order to obtain services which such User is not entitled.
Notification of Violation:
Maximum Voice is under no duty to look at each client's or user's activities
to determine if a violation of this document has occurred, nor do we assume
any responsibility through our TOS to monitor or police Internet-related
activities.
First Violation:
Any user, which Maximum Voice determines to have violated any element of this
document, shall receive a notice via the Support Center, warning them of the
violation. The service may be subject at Maximum VoiceÕs discretion to a
temporary suspension pending a User's agreement in writing, to refrain from
any further violations.
Second Violation:
Users that Maximum Voice determines to have committed a second violation of
any element of this document shall be subject to immediate suspension or
termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or
Denial-of-Service complains if it is clear that the offending activity is
causing great harm to parties on the Internet. In particular, if open relays
are on your network or a client's network, or if denial of service attacks are
originating from your network. In certain rare cases, we may have to do this
before attempting to contact you. If we do this, we will contact you as soon
as we can.
Beta Software Notice
. These services, when available, are provided to our customers for use during
our development process as a convenience to our customers. Maximum Voice makes
no warranties or guarantees that the software will work as described, or at
all, in every environment or for every user and reserves to right to
discontinue or delay development availability of any of beta software, and to
limit our support for these scripts at our discretion.
Right to Refuse Service:
Maximum Voice reserves the right to refuse service to anyone, or to cancel any
account, for any reason or for no reason at all. In instances where the
service of an existing client is canceled, Maximum Voice may issue a refund
for funds already paid.
Authorization to Use Services
The client is granted the right to use the services provided by Maximum Voice
in the manner it is intended. Any unauthorized use of the services may result
in account suspension, account termination, and administrative fees.
Unauthorized use includes, but is not limited to, (a) making unauthorized
modifications to the slot count / maximum number of users for any service, (b)
using the service in such a way that it causes the disruption of other users,
and (c) using the service in such a way that the service facilitates the
unauthorized or unintended use of the service by the account holder or any
other user of the service. Maximum Voice reserves the right to, at its sole
discretion, terminate without refund any account it feels is in violation of
this clause.
Rule of Law and Arbitration
Read this section carefully, as it limits your legal rights. This agreement is
entered in to, and shall be subject to all applicable laws of, the State of
Illinois, United State of America. Should a conflict arise out of this
agreement which would cause any parties rights to be limited by the laws of
any other jurisdiction, the laws applicable to the State of Illinois, and any
relevant Federal laws of the United States of America, shall apply. You agree
to waive any rights that are in conflict with the prevailing laws of the
aforementioned jurisdictions. Any controversy, claim or dispute arising out of
or relating to this Agreement, shall be settled solely and exclusively by
binding arbitration in Bloomington, Illinois. Such arbitration shall be
conducted in accordance with the then prevailing commercial arbitration rules
of our company, with the following exceptions if in conflict: (a) one
arbitrator shall be chosen by Maximum Voice; (b) client party to the
arbitration will pay full expenses and fees of the arbitrator, together with
other expenses of the arbitration incurred or approved by the arbitrator; and
(c) arbitration may proceed in the absence of any party if written notice
(pursuant to the our rules and regulations) of the proceedings has been given
to such party. Client party shall bear both our company and its own attorneys
fees and expenses. The parties agree to abide by all decisions and awards
rendered in such proceedings. Such decisions and awards rendered by the
arbitrator shall be final and conclusive. All such controversies, claims or
disputes shall be settled in this manner in lieu of any action at law or
equity; provided however, that nothing in this subsection shall be construed
as precluding the bringing an action for injunctive relief or other equitable
relief. The arbitrator shall not have the right to award punitive damages or
speculative damages to either party and shall not have the power to amend this
Agreement. The arbitrator shall be required to follow applicable law. IF FOR
ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL
RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION,
PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR
ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you.
E-Mail, Fax, telephone contacts are used, in that order of preference.
A
A waiver by Maximum Voice of any breach of any provision of this Agreement by
the Client shall not operate as or be constructed as a continuing or
subsequent waiver thereof or as a waiver of any breach of any other provision
thereof.
B
The Client shall not transfer or assign this Agreement without the prior
written consent of Maximum Voice. Maximum Voice may assign Agreement at
anytime without the consent from or notice to the Client. Maximum Voice
reserves the right to cancel client's rights under this contract at anytime
without further obligation.
C
Maximum Voice takes no responsibility for any material input by others and not
posted to the Maximum Voice Network by Maximum Voice. Maximum Voice is not
responsible for the content of any other websites linked to the Maximum Voice
network; links are provided as Internet navigation tools only. Maximum Voice
disclaims any responsibility for any such inappropriate use and any liability
to any person or party for any other person or party's violation of this
policy.
D
Maximum Voice is not responsible for any damages your business may suffer.
Maximum Voice does not make implied or written warranties for any of our
services. Maximum Voice denies any warranty or merchantability for a specific
purpose. This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by Maximum Voice.
* Notation
Denotes future services
Responsibility for Content:
You, as Maximum Voice client, are solely responsible for the content stored on
and served by your Maximum Voice server.
Software Compliance and Copyright Notices
INTELLECTUAL PROPERTY NOTICE "AAHONOR" and "Pragmatic Honor Provider" and
their corresponding logos are copyrighted and/or trademarked by Pragmatic
Solutions, Inc. "America's Army", "Honor", and "America's Army Honor" and
their corresponding logos are copyrighted and/or trademarked by the Department
of the Army. Logos and/or marks may not be used without expressed written
permission from Pragmatic Solutions, Inc. or the Department of the Army
respectively.