NETLINES TERM OF SERVICE


Netlines Terms of Service

By Agreeing, You Understand The Netlines Service Does Not Include 911 Emergency Services (Section 2 Below)

  1. Introduction; Definitions; Acceptance of Terms
    1. Introduction: These Terms of Service (“TOS”) constitute the agreement between Volli Communications, Inc. (“Volli”) and the user of Volli’s software application “NetLines” (the “Service”) and any related products or Services. This agreement governs our Service, as defined below, and all Volli applications and software. It also applies to all Numbers and Service plans on each Volli account. Volli is sometimes referred to as “the company,” “we,” “us,” or “our” and the user is sometimes referred to as “you,” “your,” or “user,” “client” or “customer”.
    2. Definitions
      • “Terms” is defined as these TOS together with any Legal Notices applicable to the Services, all price schedules, and other supplemental documents that may supplement these TOS now or in the future.
      • “Service” is defined as Volli’s product, software, services in any way relating to the NetLines software application.
      • “Plan” and “Subscription” are defined as any paid monthly service plan offered for the Services registered each Standard and Pro or other named subscription packages and/or Services as offered by NetLines.
      • “Number” is defined as each telephone or fax number(s) provided for your Volli account.
    3. Acceptance of Terms: You may not use the Service without first agreeing to the Terms. By using the Service you confirm your acceptance of, and agree to be bound by, the Terms. You may not use the Service if you are not of legal age to form a binding contract or are a person otherwise barred from using the Service under the jurisdiction under which you reside. Unless explicitly stated otherwise, this agreement will govern the use of any new features that augment or enhance the current Services, including but not limited to, the release of new Volli software, applications, and services. In the case of any violation of this agreement, Volli reserves the right to seek all remedies available by law and in equity.
  2. No Emergency Services; No 911 Service

    NetLines does not provide access to 911 emergency services.

    • Disclaimer of 911 Liability Neither Volli nor its officers or employees may be held liable for any claim, damage, or loss (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third-party user of relating to the fact that the Service does not provide access to 911 or emergency services.
    • Waiver of Claims You waive all claims or causes of action, whether in contract, warranty, tort (including negligence), or any other form of liability, arising from or relating to the fact that the Service does not provide access to 911 emergency service.
  3. Registration, Passwords, Security, Identification
    1. Registration: When you provide Volli with personal information, you agree to (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. You also agree Volli may send you notifications and promotions to the email and/or the SMS capable phone number provided. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, Volli may, without notice, suspend or terminate your access to the Service and refuse to provide current or future use of our Service.
    2. Passwords: You must select a password and username to use the Service. You are encouraged to select a non-obvious password and change it periodically for enhanced security. You are responsible for maintaining the confidentiality of the password and account information. You are financially responsible for all activities that occur under your password or account identification. You shall notify Volli immediately if you discover unauthorized use of your password or account or any other breach of security.
    3. Security: Volli reserves the right to take any action it deems necessary or reasonable to ensure the security of the Service and your account, including without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Volli may rely on the authority of anyone accessing your account or using your password and under no circumstances will Volli be held liable to you for any liabilities or damages resulting from or arising out of (1) any action or inaction of Volli, (2) any compromise of the confidentiality of your account or password and (3) any unauthorized access to your account or use of your password. Maintaining the security of your personally identifying information is extremely important to us. We will take reasonable steps to ensure your personally identifying information remains confidential. However, we cannot guarantee that our Service is impenetrable to all security breaches, and therefore Volli makes no warranty, guarantee, or representation that our service will be completely protected from viruses, security threats or other vulnerabilities. You acknowledge that the Service does not use encryption for the Service.
    4. Identification: You must have a valid U.S. credit card account and a U.S. mobile phone account for Service. Volli may request verification of identity from all users to confirm account information at any time and for any reason. Verification materials may include official government -issued identification, proof of credit card account, and a copy of your current cellular phone statement.
  4. PrivacyPersonal information collected by Volli will be treated in accordance with our Privacy Policy. Our Privacy Policy can be found at www.netlines.com/privacy-policy. If Volli makes any changes to this policy, we will post the revised policy at that site. Volli will restrict its use of personal information in accordance with the privacy policy in effect at the time the information was collected. If Volli makes material changes to its privacy practices or material changes to how your information is treated, Volli will notify you via email. You will have a choice as to whether or not Volli may use such information in a different manner.
  5. Customer Support
    • Customer Support: Customer support is available via email to support@netlines.com. Tickets are answered in the order in which they were received.
    • Standards of Conduct: When using NetLine’s customer support, you agree to refrain from speaking or writing to our Customer Support staff in any manner that is unlawful, threatening, harassing, abusive, defamatory, slanderous, vulgar, obscene, indecent, lewd, racially or ethnically or otherwise offensive.
  6. Acceptable UseYou agree to use the Service in a manner consistent with all applicable laws and regulations. You may not resell the Service in whole or in part to others. Additionally, you will not take any of the following actions with respect to our Service, related software, applications, or content, nor will you use our Service or related software or application to upload, post, email, distribute, transmit, link, solicit, or otherwise make available any content or use our service in any manner that:
    • is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, racially or ethnically or otherwise offensive, or abusive
    • advocates or solicits violence, criminal conduct or the violation of any local, state, national, or international law or the rights of any third party;
    • infringes on another’s patent, trademark, trade secret, copyright, or other intellectual property or other rights;
    • is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
    • specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
    • constitutes unsolicited or unauthorized advertising, including email, Short Message Service (SMS), Multimedia Messaging Service (MMS), NetLines messaging, voicemail, or faxes (“spamming”), or otherwise sending junk or bulk email, voicemail or faxes;
    • interferes with others using the services;
    • contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, programs, or applications that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server, or communications systems or equipment;
    • contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
    • disrupts, inhibits or interferes any other user from enjoying the services or affiliated applications, contents, products and/or services;
    • uses any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial–in or inquiry devices, to obtain information from the service or otherwise monitor or copy any portion of the service, products and/or services;
    • creates a false identity for the purposes of misleading others;
    • prepares, compiles, uses, downloads, or otherwise copies any user information and/or usage information or any portion thereof, or transmit, provide otherwise distribute (whether or not for free or profit) such information to any third party;
    • uses any Volli or NetLines domain name as a pseudonymous return email address;
    • contains any offer for unsolicited goods or services or any advertising or promotional materials;
    • provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to §219 of the Immigration and Nationality Act;
    • attempts to disable, bypass, modify, defeat, or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any content or the services;
    • reproduces, duplicates, copies, sells, trades, resells, or exploits any portion of the services or content, use of the services or access to the services;
    • systematically collects and uses any content including the use of any data mining, or similar data gathering and extraction methods;
    • uses, frames, or utilizes framing techniques to enclose any portion of the services (including the images found at the services or any text or the layout/design of any page or form contained on a page);
    • modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our service. For purposes of these terms, “reverse engineering” shall include the examination or analysis of the service to determine the source code, structure, organization, internal design, algorithms or encryption devices of our service’s underlying technology;
    • creating a false Caller ID identity (“ID spoofing”) or forged email address or header or false namespace associated with Volli or NetLines enabled URLs and widgets, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the services;
    • using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit or otherwise avoid any Fair Use policy;
    • for unlimited or unmetered plans, using the service for call–in lines, call centers, external conference calling, trunking (to a PBX or otherwise) or other high volume or multi-person calling purposes;
    • and for unlimited or unmetered plans, using the service for “spamming”, or otherwise sending junk or bulk messages or other high volume or multi-person messaging purposes.
  7. Unlawful Use Prohibited; Monitoring; Providing Information to Authorities and Third Parties
    • Unlawful Use Prohibited. The Service is for lawful, proper, and appropriate purposes only. You may not use the Service for any illegal, fraudulent, improper, or inappropriate purposes. A non–exhaustive list of examples of illegal, fraudulent, improper or inappropriate uses are listed above in Section 6 (Acceptable Use).
    • Monitoring. Volli may monitor the use of Service for violations of this agreement. Volli may suspend or delete your account if we suspect a violation of this agreement, or if we think it necessary in order to protect our Service, or Volli, its parent, affiliates, directors, officers, agents, and employees from harm.
    • Providing Information to Authorities and Third Parties. If we believe that you have used our Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that Volli may have about your account, including but not limited to, types of service, lengths of service, IP address (es), email address(es), and all other account information as follows:
      • in response to law enforcement or other governmental agency requests;
      • as required by law, regulation, rule, subpoena, search warrant, or court order;
      • as necessary to identify, contact, or bring legal action against someone who may be misusing the Service;
      • to protect Volli’s rights and property.
  8. Termination or Suspension of AccountYou may terminate your NetLines account at any time for any reason, upon notice. If your have a Subscription or Plan with the Service directly through Volli, you can cancel your account by providing e-mail notice to billing@netlines.com or calling (844) 466-3854. There is no refund of for the balance of the current month of any Plan or Subscription, but you will not be charged for any subsequent months. In addition to the terms contained herein, Volli reserves the right to terminate an account or subscription at any time, with or without notice. Additionally, Volli reserves the right to suspend or cancel your Service without notice upon rejection of any credit card charges.
  9. Billing, Charges, Refunds, and Pre-AuthorizationYou are responsible for paying in advance all charges for your account, including but not limited to, out of network calls (none NetLine to NetLine within the Service calls), international calls, international SMS, conference calling overages, and for all charges to extensions attached to your account imposed on you or us as a result of your use of the Service. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit card information on file. Prepaid debit and/or credit cards are not an acceptable form of payment for Subscription plans.

    Recurring Billing

    Services plans are offered in Subscriptions of 30 days (recurring). Pre-paid plans are not refundable. The initial subscription begins on the date that you purchase the services (“Subscription Order Date”). All Subscription plans renew automatically for successive terms of the same length without further action by or notice to you unless you notify Volli of non-renewal at least two (2) days before the end of the then current term by submitting a NetLines Support Ticket to billing@netlines.com.You will be billed at the time of purchase for additional services and notified by email about the addition of services. Additional services will bill at the same recurring date as the main subscription account. Number extensions will be charged immediately upon activation for the pro-rated amount for the current billing period. They will then be charged the full price on the primary line billing date.

    Out of Network, International Calling and SMS Charges

    Calls or texts to numbers not using the Service (an “Out of Network” call), require the use of prepaid minutes included in your plan or purchased via the NetLines App. NetLines provides limited international calling using prepaid minutes included in your plan or purchased via the NetLines App. To check if a number ourtide the US or Canada can be called via the NetLines App, please visit netlines.secureto.us/number_check.php. SMS messages to numbers outside the U.S. and Canada are not allowed.

    Pre-Paid Subscription Plans are Non-Refundable

    The -Subscription Plans are payable in advance and are non-refundable. These Plans are recurring and the Subscription fee for the next term will be charged to you credit card or debit card immediately following the expiration of the prior pre-paid period unless you terminate your account as identified in Section 9: Termination or Suspension of Account. Termination notice will not affect charges submitted before Volli could reasonably act on such notice.

    No Refunds for Charges Pre- Authorized Against Your Credit or Debit Card

    All Subscription Plans are recurring. Charges to your credit card or debit card immediately following the expiration of the prior pre-paid period will occur without further authorization from you. You must notify Customer Support of your desire to terminate prior to the end of the pre-paid period by providing e-mail notice to billing@netlines.com or calling (844) 466-3854 in order to terminate your account and cease further recurring charges.

    No Refunds for Plan Changes

    Volli does not offer refunds for any services ordered but changed at any point within the current billing cycle. Should you decide to downgrade to a lower cost plan, Volli will not refund the difference in cost between the two Subscriptions. It is your sole responsibility to contact Volli before the start of the next billing cycle to change or modify any services, subscriptions, or accounts.

    No Refunds for Non-Use

    Volli does not offer refunds for any Services ordered but not used. It is your sole responsibility to cancel any Services, Subscriptions, or accounts as identified in Section 9: Termination or Suspension of Account.

    No Refunds for Interruption of Service

    Volli does not offer any refunds for any interruption of the Service.

    Messaging

    Service messaging shall include but is not limited to Short Message Service (SMS) and texting service messaging (including messaging between two or more Service users), web messaging via widget or any combination. Service plans provide unlimited messaging to other Services numbers. Service plans with no stated messaging limits, or those that claim “unlimited messaging” are virtually unlimited, based on typical use per month as determined by Volli. In order to prevent misuse of the Service beyond its intended and customary use (e.g., bulk messaging or “spamming”), Volli reserves the right to suspend messaging capabilities of any account it identifies as Service misuse and/or suspend and/or cancel the account with no prior notification or warning. Volli reserves the right to remove from Service any unique name associated with the Volli widget and/or the widget URL that Volli identifies as inappropriate, offensive or potentially misleading or fraudulent.

    Unlimited Calling Charges (Biz Unlimited plan only)

    The service provides unlimited calling to other NetLine users. Calls to United States and Canada local or toll-free numbers outside the Volli network are charged as set forth at www.netlines.com virtually unlimited based on typical use per month as determined by Volli. For the purpose of this agreement, “unlimited calling” is defined as what the vast majority of customers will utilize in any given month. In order to prevent misuse of the Service beyond its intended and customary use (e.g., trunking or re-sale of the Service), calls in excess of the number of minutes per month associated with the given plan will be charged a per minute overage fee, calculated in 1–minute increments; rounded up to the next minute.

    Number Changes

    Number change requests may be subject to a one-time fee for this service, billed to the credit card and/or debit card you have on file.

    Pre-Authorization Charges

    All Subscription Plans are recurring. Charges to your credit card or debit card immediately following the expiration of the prior pre-paid period will occur without further authorization from you. You must notify Customer Support of your desire to terminate prior to the end of the pre-paid period by providing e-mail notice to billing@netlines.com or calling (844) 466-3854 in order to terminate your account and cease further recurring charges.

    Fees for Toll-Free, Vanity, and Fax Numbers

    Local Number Ports: Number transfers (Local Number Porting) over the “Free Number Transfer”, if offered, are charged at $5.00 per port.

    Billing Disputes

    If you wish to dispute any Volli charge on your account, you must notify us within 14 days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within 14 days, you waive any right to contest the charges. Contact us a by providing e-mail notice to billing@netlines.com or calling (844) 466-3854.

    Fraudulent Charges

    If you believe your financial information is being stolen, fraudulently used, or otherwise being used in an unauthorized or unwanted manner you must contact Volli immediately via email to billing@netlines.com or calling (844) 466-3854. When you notify Volli of suspected fraudulent use, you will be asked to provide the credit card number in question and verification of your billing address. Until you notify us, you will be liable for all use of our Service using information stolen from you and any stolen, fraudulent, or unauthorized use of our Service.

  10. Service

    Connection Requirement

    Use of the Service requires a high-speed broadband connection, a wireless Internet access point, cellular voice or cellular data connection (e.g. 3G, 4G, etc.) for use, which we do not provide. Events beyond our control may affect our service, such as power outages, fluctuations in the Internet, your underlying ISP, broadband service, cellular data provider, maintenance, or acts of God. We will act in good faith to minimize disruptions to your use of and access to our Service.

    No 0+ or Operator Assisted Calling; No x11 Calling. The Service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. Volli service does not support 911, 311, 511, and other x11 services in any service area. Certain Broadband, Cable Modem, or Other Services. Some providers of broadband service may supply modems that prevent or disable the transmission of communications using our service. We do not warrant that our Service will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our Service with any particular broadband service.

    Use of Services or Application by Customers Outside the United States and Canada

    Volli allows you to use our service to call foreign countries from within the United States and Canada and to use our service as you travel within the United States and Canada. This Service is offered only to residents of the United States and Canada. Volli does not allow Subscriptions for IP or physical address(es) outside the United States and Canada.

    No Transfer of Service

    You are the sole account holder for the Service for all purposes and are solely responsible for all charges incurred on the account, regardless of changes to the account, including billing information. You may not resell or transfer any features of your Service without prior written approval from Volli. Attempted assignments of Service or accounts through changes in account and billing information will not relieve you of liability and responsibility for use of the Service or additional features, or for charges on the account unless we actively failed to facilitate the assignment as evidenced in our records. Attempted assignments of accounts without our written consent through changes you make in your account and billing information will not relieve you of liability and responsibility in the account. You may choose to authorize others to access your account via the customer portal and/or billing portal.

    No Resale of Services

    Your right to use Services and extra features is personal to you. You hereby agree to not resell the use of the Services.

    Management Via the Internet: Volli will provide you with an Internet website address where, after login, you can manage your Service, view calls, receive support, and manage your basic account information. Although many functions of your Service may be configured using your cellular phone application, some functionality is controlled only through the website interface. You must have Internet access to use our Service. It will be your responsibility to manage all configuration requirements. Logging into the website requires a common, and current Internet browser (e.g. Mozilla Firefox, Safari, Google Chrome, or Internet Explorer) with cookies enabled. Anyone for whom you give access to your management website, through your login information, shall be authorized by you to make any and all changes to your Service, account Subscription and Number.

  11. Number OwnershipVolli transfers (ports) telephone numbers in accordance with applicable FCC regulations and industry standards. Specific information is required for a port request. You may be required to provide such information in order for Volli to complete your port request.

    Inbound Porting Policy

    You must keep your previous service active in order to port your number to NetLines. You must check to see if your number can be ported into the Service. You can do this by filling out a port request form in your customer portal at netlines.secureto.us, by submitting a request to porting@netlines.com or by calling (844) 466-3854. A port request provides Volli the authorization to determine if your telephone number can be ported into our Service. Some numbers cannot be ported and, therefore, are not be available with Service.

    If your number can be ported, you will be directed to fill out an online Letter of Authorization (“LOA”) and submit proof of ownership of the specific number. If you do not fill out the information in the port request and LOA completely, your porting request will be delayed. Most service providers allow digital signatures for port requests; however, some service providers require a handwritten signature to port your number. If your previous provider requires a handwritten signature, Volli will notify you of this requirement and you will be required to fax or email us a signed copy of your Letter of Authorization (LOA). To initiate a port request the following information must be provided. A bill and LOA to verify your customer and account information including: (i) the number(s) you are asking the port, (ii) your name, (iii) your address, including both the billing and service address. Volli reserves the right to charge a fee associated with inbound number porting.

    Porting Charges

    Toll–Free Number Porting may incur a one-time fee for this service, billed to the credit and/or debit card that you have on file. Volli will request written or electronic authorization before charging you for this service.

    Vanity Number Porting

    Vanity Number Porting may incur a one-time fee for this service, billed to the credit and/or debit card that you have on file. Volli will request written or electronic authorization before charging you for this service.

    Outbound Porting Policy

    You must provide notice and confirmation to Volli if you wish to cancel your Service. Upon confirmation, Volli will no longer bill you for any Subscription or Plan. You will continue to be billed if you port your number but do not cancel your Service.

    Your Subscription must be active in order for you to port your Number to a new provider. Volli cannot guarantee that your Service number will be available for porting after cancellation of your Subscription. You should not close your account until you receive confirmation from us that your Number has been successfully ported. Porting numbers for sale is prohibited. If you port a Number or Numbers for the purpose of resale, Volli reserves the right to charge you a one-time fee for the cost of the Number, your account will be deleted, and you will be blacklisted from our Service in the future.

  12. PromotionsVolli may offer promotions that may include free trial periods, free usage allocations, or other promotional elements. The following general guidelines apply to all such promotions, but each offer is also subject to the associated terms and conditions of each offer:Free Trial Offer: You may use the Service for a specified period of time before being charged and generally there are usage limits associated with this free trial period. If you cancel your account prior to the end of such free trial period, and you have not exceeded the usage limits included in the offer, you will not be billed. If you exceed the usage limits included in the free trial offer you signed up for, one or more of the following actions may occur:
    • You will be notified that you have exceeded your offer limits and be given the option to cancel or upgrade, or
    • We will suspend your account pending further direction from you.
    • Free Trial Offers are limited to one period per customer per rolling calendar year.
  13. Recording ConversationsThe Service allows the user to record individual telephone conversations. Laws regarding the notice, consent, and notification requirements of such recorded conversations vary from state to state. You are solely responsible for complying with all local, state, and federal laws relevant in the jurisdiction you are calling when using the record conversation feature. You hereby release and agree to hold harmless Volli from and against all damages or liabilities of any kind related to the recording of any telephone conversations while using Services. Volli expressly disclaims all liability with respect to your recording of telephone conversations.
  14. Cellular ChargesThe Service includes the ability to place telephone calls via your cellular network at the user’s choice. You agree and understand that by using Volli’s Service that you will be billed by your cellular provider for calls placed over a cellular connection. Volli is not responsible or liable for any charges incurred or minutes used for calls place using a cellular connection. You agree not to hold Volli liable for any cellular charges, fees, or taxes incurred with your cellular provider. Calls placed outside of the United States must be made over a wireless Internet connection (“wifi”) to avoid international cellular charges. All calls placed using cellular voice or cellular data (e.g. 3G, 4G, etc.) connections will be billed by your cellular provider. You agree not to hold Volli liable for any international cellular charges, fees, or taxes incurred with your cellular provider. When traveling outside of the United States, forwarding should be set to go directly to your voicemail. If you do not enable forwarding to voicemail, calls will be forwarded automatically from your Service account to your cellular phone.
  15. Warranty DisclaimerThe Services provided hereunder are provided “as is” and Volli makes no warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose and any similar warranty, whether said warranty arises under provisions of any law of the United States or any state thereof or any country. Volli makes no representation or warranties that the Services are free of rightful claims of any third party for infringement of proprietary rights. The entire risk associated with the use of Services shall be borne solely by you. Volli makes no warranty on up-time, mean-time between failures, quality of the Service, and/or quality of voice. Volli makes no warranty that the services will meet your requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected. Volli is not responsible for messages or information lost or misdirected due to interruptions or fluctuations in the Services or the Internet in general. Volli is not responsible for the content or functionality of any third party network used in connection with the Services. Volli does not warrant the accuracy or reliability of the results obtained through use of the Services or data or information downloaded or otherwise obtained or acquired through the use of the Services. You understand and agree that any data or information downloaded or otherwise obtained or acquired through use of the Services are at your sole risk and discretion and Volli will not be liable or responsible for any damage to you or your property. No advice or information, whether oral or written, obtained by you from Volli, its employees, partners, affiliates or through or from the Services shall create any warranty not expressly stated in these terms and conditions. Although every effort is made to ensure that voicemails and fax transmissions are secure, Volli makes no guarantees of security.Some jurisdictions do not permit the disclaimer of certain implied warranties, so certain of the foregoing disclaimers may not apply to you.
  16. Limitation of LiabilityVolli’s total liability to you from all action and under all theories of liability will be limited to and will not exceed the amount paid to Volli by you for the software. Volli shall not be liable to you or any third party for incidental, indirect, or consequential damages whether arising under contract, warranty, or tort (which includes negligence or strict liability) or any other theory of liability.

    Limit On Total Liability

    Volli’s total liability under this agreement will not exceed the service charges for the affected time period. Volli will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone charges, and/or similar charges.

  17. IndemnificationYou agree to indemnify and hold harmless Volli, its CEO, board, officers, employees, shareholders, and agents from and against any and all liabilities, expenses (including attorney’s fees) and damages resulting from including any violation of this agreement by you or any third-party using your account; any negligent acts, omissions or misconduct by you; any breach of this TOS by you; any claim of libel, defamation, violation of rights of privacy or publicity; any loss of service by other customers; any infringement of intellectual property or other rights of any third parties; or any violation of any laws or regulations prohibiting transmission of unsolicited emails.
  18. Force MajeureVolli shall not be held responsible for events beyond our control that may affect or disrupt Service, such as power outages, fluctuations in the Internet, your underlying ISP, broadband service, cellular data provider, maintenance, or acts of God. We will act in good faith to minimize disruptions to your use of and access to our Service. You may be notified of any planned maintenance that will disrupt your service.
  19. Legal Considerations

    No Third Party Beneficiaries

    If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights.

    Survival

    The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.

    Severability

    If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.

    No Waiver of Rights

    Volli’s failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. Volli reserves all of its rights at law and equity to proceed against anyone who uses its services, software, or applications illegally or improperly.

    Entire Agreement

    This agreement, including any future modifications to its terms, and the rates for services found on our website constitute the entire agreement between you and Volli. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

  20. Dispute Resolution and Arbitration

    Adjudication

    You agree that any disputes between you and Volli arising from any aspect of the Service shall be adjudicated in the state and federal courts of the State of Ohio, U.S.A. Venue for all claims and disputes between you and Volli shall be the Franklin County, State of Ohio. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction.

    Adjudication Fees and Costs

    You are responsible for all costs that you incur in trial, including, but not limited to, attorneys or expert witness fees. If the trial is decided in Volli’s favor, you shall pay for all reasonable attorneys’ fees and trial costs for Volli. If the party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys’ fees incurred in that appeal. Notwithstanding anything to the contrary in this adjudication agreement provision, Volli shall pay all fees and costs required by law.

    Arbitration

    Arbitrator and Arbitral Rules

    Notwithstanding the adjudication requirement above, for any dispute involving $1000 or less, the party requesting relief may choose to resolve the dispute through binding, non–appearance–based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted by the American Arbitration Association (“AAA”). The AAA can be contacted by telephone at (800) 778-7879, by email at websitemail@adr.org, or by mail at 1633 Broadway, 10th Floor, New York, New York 10019. The arbitration shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by this agreement. The AAA rules are available at http://www.adr.org or by calling the AAA at (800) 778-7879.

    Arbitration Fees and Costs

    You are responsible for all costs that you incur in arbitration, including, but not limited to, attorneys or expert witness fees. If the arbitration is decided in Volli’s favor, you shall pay for all reasonable attorneys’ fees and trial costs for Volli. If the party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys’ fees incurred in that appeal. Notwithstanding anything to the contrary in this adjudication agreement provision, Volli shall pay all fees and costs required by law.

    Waiver of Jury Trial

    You and Volli agree that, by entering into this adjudication agreement, that you and Volli are waiving the right to a trial by jury for amounts less than $10,000.

    Statute of Limitations

    You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute or you waive the right to pursue a claim based upon such event, facts, or dispute.

  21. Changes to this AgreementWe reserve the right to change the terms and conditions of this agreement at any time. By subscribing to the Service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning the Service including changes to this agreement. We may give you notice of a change by posting the change on the website, on your account webpage, or by other permitted communication. Such notice will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using the Service. By continuing to use the service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your service immediately. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of the Service. If you continue to use Service, we will consider this your acceptance of any changes. We reserve the right to update these Terms of Service at any time. The most recent version of this document will always be found at netlines.com/terms-of-service/ or netlines.secureto.us/tos.php.