Terms Of Service
TERMS OF SERVICE
By indicating your acceptance of these terms and conditions, you (“Subscriber”) acknowledge and agree to be bound by the provisions of this agreement for the use of the Abbax services (“services”) provided by Abbax , LLC, (“Abbax “). If you are not willing to be bound by these terms and conditions do not click the box next to “I Agree to the Terms of Service” box. By clicking this box or by using or accessing the service, you agree to be bound by the following terms and conditions.
In response to the Children’s Online Privacy Protection Act (“COPPA”) we require that subscriber be at least 13 years old to use Abbax services.
GRANT OF RIGHTS TO USE SERVICES.
Effective upon acceptance of this Agreement, Abbax hereby grants to Subscriber a personal, nonexclusive, nontransferable, revocable license to access and use the Services (as defined below), for Subscriber’s use. Subscriber shall have no right to sell, resell, reproduce, duplicate, copy, distribute, create derivative works or exploit for commercial purposes, any portion of the Services, access to the Services, or use of the Services nor make any claim that it does have such right. The services provided by Abbax hereunder may allow Subscriber to perform various online messaging and communications functions (collectively, the “Services”). Unless explicitly stated otherwise, any new features provided by Abbax that augment or enhance the current Services shall also constitute “Services” and shall be subject to these terms and conditions.
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ABBAX 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. ABBAX MAKES NO REPRESENTATIONS 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 THE SERVICES SHALL BE BORNE SOLELY BY SUBSCRIBER.
ABBAX MAKES NO WARRANTY THAT THE SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. ABBAX IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.
ABBAX DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. SUBSCRIBER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT SUBSCRIBER’S SOLE RISK AND DISCRETION AND ABBAX WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER OR SUBSCRIBER’S PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM ABBAX , IT’S EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO SUBSCRIBER.
ABBAX ‘S PROPRIETARY RIGHTS.
As between the parties, Abbax shall retain all right, title and interest to the Services including all copyrights, trademarks, patents and all other intellectual property rights thereto, including without limitation with respect to all technology and telephone numbers used in connection with or provided as part of the Services. Subscriber may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. Subscriber may not allow any third party to access the Services for any purpose whatsoever. The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under this Agreement. Subscriber may not grant any sublicense, lease or other right in the Services to any third party. All rights not expressly granted under this Agreement are retained by Abbax .
THE ABBAX SERVICE.
Use of the Service will permit You to port to Abbax an unlimited number of telephone number(s) or, obtain telephone number(s) directly from Abbax and either (i) cause any inbound call to such number(s) to forward to any other number that you control, (ii) initiate an outbound call from a telephone number that You obtain (or port to Abbax ); (iii) display a number that You obtain (or port to Abbax ) on an outbound call initiated from any other number that You control, (iv) play for the caller to such number a recorded response; If Abbax at any time permits You to set the displayed name (the “Displayed Name” or “CNAM”) associated with any telephone number(s), You are fully and exclusively responsible for the accuracy of the Displayed Name, which will be a fair and accurate representation of Your identity.
The Service is an enhanced call management service; you cannot make any 911 call or text utilizing the Service.
Subscriber agrees to provide true, accurate, current and complete data to Abbax upon signing up for the Services and at subsequent times as requested by Abbax .
Subscriber is solely responsible for the maintaining the confidentiality of Subscriber’s password and PIN, and will be responsible for all transactions and activities that occur as a result of Subscriber’s disclosure of such password and/or PIN, whether or not such transactions and/or activities were authorized by Subscriber.
Subscriber shall not give account information to third parties and shall at all times be responsible and liable for any transactions or activities that occur on Subscriber’s account.
To maintain or improve the Services, to prevent fraud, or for any other reason determined by Abbax , its sole discretion, Abbax may restrict, suspend, terminate or modify Subscriber’s service with or without notice. Upon any termination in accordance with the foregoing, Abbax may immediately deactivate or delete Subscriber’s account and all related information and files in Subscriber’s account, reassign any telephone numbers associated with the account, and/or bar any further access to such files, information, or the Services.
Abbax shall not be liable to Subscriber or any third party for any reason for terminating this Agreement or access to Services or for modifying this Agreement and/or the Services.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL ABBAX BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. ABBAX ‘S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE LICENSE FEE PAID BY SUBSCRIBER FOR THE SERVICES, IF ANY.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
Subscriber shall indemnify and hold harmless Abbax , its directors, officers, employees and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and damages resulting from any negligent acts, omissions or willful misconduct by Subscriber, Subscriber’s use of the Services and/or any breach of the terms and conditions of this Agreement by Subscriber.
Abbax makes no representation that materials on its web site(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Subscriber agrees to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which Subscriber resides.
MODIFICATION TO SERVICES.
During the term of this Agreement, Abbax may modify or discontinue the Services at any time and with or without notice to Subscriber. Without limiting the generality of the foregoing, Abbax may, from time to time, with or without notice and at its sole discretion, establish or change various practices, limitations and restrictions for administering such Services, including without limitation: (a) how often all or a part of the Services or account may be accessed; (b) the duration of any access; (c) the maximum number of days that messages or postings will be retained; (d) the maximum number of messages or postings allowed; (e) the size and nature messages and postings; (f) the maximum storage space available for an account; and (g) any other matter related to the administration of the Services. Subscriber agrees that Abbax shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of emails, voice mails, communications, postings, data or information as a result of, or arising out of, administration of the Services, whether or not Subscriber is given prior notice thereof.
Abbax may delete accounts that are inactive for an extended period of time as determined by Abbax in its sole discretion. Abbax may delete pending accounts that have not yet been validated by Subscriber after a period of time as determined
by Abbax in its sole discretion. Abbax shall not be liable to the Subscriber or any third party for any reason for Abbax modifying or terminating the Services, in whole or in part. Subscriber is responsible for creating a back-up copy of any important or critical information that is stored on the Services. Abbax shall not be responsible or liable in any way for any information or data loss in connection with the Services.
MODIFICATION TO AGREEMENT.
Abbax reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service or its successor site.
Use of the Services signifies Subscriber’s agreement to all terms, conditions and notices contained or referenced herein. Continued use of any part of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes, and all changes shall thereupon become binding upon the Subscriber. If Subscriber does not agree to the changes, Subscriber shall immediately cease all use of the Services.
1 You agree to pay Abbax the then-applicable fees as set forth in any service plan in effect from time to time, if any (the “Fees”). Unless otherwise agreed in this Agreement, Abbax may increase or add Fees upon thirty (30) days prior notice to You. All fees under these Terms of Service are irrevocable and nonrefundable.
2 If any Fees are payable, You agree to provide Abbax with accurate billing information and with truthful, accurate and complete contact information, including Your legal name, street address, e-mail address and telephone number, and to update this information within thirty (30) days of any change to it. If the contact information You have provided is false or fraudulent, Abbax reserves the right to terminate Your access to the Service immediately without any obligation to return Your Data.
3 For credit card payments, Your account will be considered delinquent if Your credit card company refuses for any reason to pay the amount billed to it.
4 Your access to the Service may be suspended if Your account is delinquent. Abbax may impose a charge to restore Your Data from delinquent accounts. Abbax ’s suspension of the Service based on Your failure to make payment will not excuse You from Your obligation to make payment(s). Any account which is suspended for more than thirty (30) days will be terminated without any obligation on the part of Abbax to maintain Your Data.
Subscriber may be required to pay monthly subscription charges, enhanced service charges, and/or usage charges in connection with the Services, as stated by Abbax . There may be additional fees if Subscriber requests a change in any Services. Depending upon the level of Services selected by Subscriber, there may be charges for calls to or from certain locations, including without limitation payphones, calls placed, and areas within extended calling zones. There may also be applicable taxes, surcharges, assessments, government fees and charges for any special or enhanced services Subscriber uses. Any of the foregoing may be billed to Subscriber when they reach a limit as Abbax determines at its sole discretion.
Abbax will charge Subscriber the rates in effect under Subscriber’s subscription plan, plus any enhanced service charges at the time of subscription, as such rates may be updated by Abbax from time to time. Some charges (such as, but not limited to, surcharges) may accumulate in Subscriber’s account before Subscriber is charged for such amounts, or such amounts may be charged to Subscriber as assessed. If Subscriber has enrolled in a then-current subscription plan and chooses to change the plan, and if there are one or more days remaining on Subscriber’s current subscription, Subscriber will be credited for those days in the calculation of Subscriber’s charges. Subscriber’s billing cycle starts on the day the subscription purchase is successfully processed. If there is a change in subscription plan, there may be a resulting change in Subscriber’s billing date.
Subscriber agrees that all payments will be made to Abbax via credit or debit card, issued by a US bank, including MasterCard, VISA®, AmericanExpress®, or Discover®. Abbax may change the credit cards accepted at any time, at its sole discretion. Subscriber’s name and address as it appears on Subscriber’s Abbax account must also be on the credit account from which Payment is made. If Subscriber provides a credit card number that Abbax accepts for payment of Subscriber’s monthly bills, Subscriber is authorizing Abbax to charge the amounts Subscriber owes, then or later, to that credit card account and to demand immediate payment from the card issuer. Subscriber also agrees to pay, under the terms of Subscriber’s agreement with the card’s issuer, the amounts charged to Subscriber’s credit card. Every time Subscriber uses Abbax Services, Subscriber re-affirms that Abbax is authorized to charge Subscriber’s card. Subscriber agrees to authorize Abbax to charge purchases made online to the credit card account supplied to Abbax when the subscription was initiated, or the card that Abbax has on file when the purchase is made. Subscriber agrees to pay all costs and expenses, including without limitation attorney’s fees, incurred by Abbax to collect any monies due under terms of this Agreement.
RETURNS & REPLACEMENTS.
Due to the nature of Abbax ‘s Services, returns or replacements are not always possible. Abbax is a marketplace/search engine that aggregates phone numbers from various vendors and suppliers. Your selected phone number is secured on your behalf directly from our vendors who retain their own return policies. Not all phone numbers are available to be transferred to any carrier. Subscriber will need to confirm with their preferred carrier first if they will accept the Subscriber’s selected number(s) before purchasing.
RULES AND REGULATIONS.
Subscriber shall be solely liable for any transmissions sent through the Service. Abbax has no control over the content of any transmission nor will it be liable for such content.
Abbax has the right to restrict termination to any telephone numbers in its sole discretion. These may include, but are not limited to certain geographic locations, special services numbers, satellite telephony services, and other call forwarding services. Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, violative of any third party’s rights, or illegal. Further, Subscriber will abide by all rules, regulations, procedures and policies of Abbax and any policies of the networks connected to the Services. Subscriber agrees to abide by all applicable local, state, national, foreign and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber’s account or password, including the content of Subscriber’s transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to: Use the Service in connection with chain letters, junk email, voice mail, faxes, spamming or any duplicative or unsolicited messages (commercial or otherwise); Harvest or otherwise collect information about others, including email addresses, without their consent; Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; Violate any U.S. or foreign law regarding the transmission of technical data or software exported through the Service;
Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; Interfere with another member’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services.
COMMUNICATIONS WITH ABBAX .
Subscriber may provide information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans and ideas to Abbax . Such information shall be deemed non-confidential and Abbax assumes no obligation to protect such information from disclosure. The submission of such information to Abbax shall in no way prevent the purchase, manufacture, or use of similar products, services, plans and ideas by Abbax for any purpose whatever. Abbax shall be free to reproduce, use, disclose and distribute such information to others without restriction. Subscribers shall have no recourse against Abbax for alleged infringement or misappropriation in connection with any information or materials submitted to Abbax hereunder.
In addition, some of Abbax ‘s plans and other Services are offered on an “unlimited” basis. All unlimited plans:
- May only be used for normal personal/business use.
• Are provided only for dialog between two individuals at one time per line.
• Exclude international calling.
• Are issued on a “one (1) user per line basis”, meaning that only one registered user may be assigned to use the Services for any one line.
• Usage is monitored and capped at 2500 minutes and reviewed for potential abuse.
Unlimited plans also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services):
• Trunking or forwarding Your Abbax number to (an)other phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
• Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail or faxes simultaneously).
• Bulk call-in lines (e.g., customer support or sales call centers, “hotlines”, 900 numbers, sports-line numbers, etc.).
• Auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).
In addition, unusually high usage of the Services may impair Abbax ‘s ability to provide high quality Services to others and/or indicate unauthorized use of the Services, in which case Abbax may suspend or terminate Your Account or, upon prior notice, convert Your Account to a metered calling plan that charges significantly higher usage rates.
PLAN CREDITS, TAXES, CHARGES, FEES AND CHARGEBACKS.
Unlimited Plan. Abbax offers unlimited monthly plans for some of its products and Services. An unlimited plan provides You with a local or toll-free telephone number and is subject to the terms and restrictions of the Use Policy set forth above and other restrictions described in this Agreement. If, for any reason, Abbax believes that You are using the unlimited plan for a prohibited purpose and/or Your call usage violates the Use Policy, then Abbax may, in its sole discretion with or without notice, either terminate Your unlimited plan or immediately convert Your unlimited plan to a metered plan, as set forth above.
Abbax does not warehouse, or hoard telephone numbers, as defined by the FCC.
Our search results include phone numbers that are aggregated from dozens of sources and then distilled using our proprietary search algorithm. In general, Abbax does not own, nor hold any title to, listed telephone numbers until a bonafide subscriber establishes service through our website. Activation (setup) fees are not to be construed as the “purchase price” of a phone number; these fees cover the development and operational costs of our search engine service, as well as costs associated with service establishment through our underlying carriers/vendors.
Although it is rare, there is a chance that inventory reported herein may not be available due to database timing or other factors. Because availability is not guaranteed, you should make no assumptions about numbers that you order until we have notified you that your order is complete, and until you have placed a test call to verify operation of your new numbers. Our liability for unavailable numbers is limited to the cost paid for the number, and we are not responsible for any consequential damages such as printing or marketing costs.
Abbax partners with registered carriers to terminate calls to the Public Switched Telephone Network (“PSTN”) and will audibly identify such carriers as the carrier providing such services where required by local or federal regulations. This Agreement, including any documents incorporated herein by reference, merges all prior written and oral communications and defines the entire agreement of the parties concerning the Services. In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the parties. All notices under this Agreement shall be in writing and delivered by email or in writing. This Agreement shall be construed in accordance with the laws of the State of California without regard to its conflict of law provisions. Each party submit to the exclusive jurisdiction of the state and federal courts located in California, and irrevocably waive any right that such party may have to assert the such forum is not convenient or that any such court lacks jurisdiction. Subscriber agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause Abbax irreparable harm and Abbax may obtain injunctive relief as well as seek all other remedies available to Abbax in law and in equity. Subscriber shall not transfer or assign this Agreement or Subscriber’s rights under this Agreement. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives. The failure of Abbax to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it in any way affect the validity of this Agreement. The provisions of this Agreement relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this Agreement for any reason. The U.N. Convention for the Sale of Goods shall not be applicable to this license of the Services to Subscriber.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.