Terms
My IP Relay.com ("Service"), provided by Verizon is governed by
the following Terms and Conditions, in conjunction with the
About IP Relay and Technical Specifications portions of the
website My IP Relay.com (collectively referred to as "Terms").
For purposes of the Terms, "User" is a customer who uses the
Service.
- Agreement. By using the Service, User accepts the
Terms as they may be updated from time to time.
- Availability. Although the Service is intended to be
available 24 hours a day, 7 days a week, technical or
service interruptions may arise which can result in the
service being temporarily unavailable. Verizon makes no
warranty that the service will be uninterrupted or error
free or that defects to the service will be corrected.
Verizon may deny or limit the use of the service for any
lawful reason.
- Permissible Call Types. The Service permits User to place certain
Internet relay calls using IP Relay Services as set forth in
My IP Relay.com website. Until further notice, all calls, not
including the exceptions set forth below, are free to Users.
The following exceptions and limitations apply to the Service.
a. pay-per call services are not permitted.
b. VCO and HCO is not currently available through
Internet Relay services. Two line VCO and HCO is available,
please refer to the FAQ section on the My IP Relay.com site.
c. Relay Service is not designed for emergency calls, nor
should it be used as a substitute for 911 services.
d. reserves the right to seek reimbursement for all call
types that are not permitted or not available.
- Applicable Laws/Fraudulent Use. User agrees that he/she will comply
with all applicable laws in connection with the use of the
Service, and agrees that he/she will not use the Service for
any unlawful, abusive or fraudulent purposes, including use
that (1) interferes with or prevents other Users from accessing
and utilizing the Service; and (2) avoids User's obligation
to pay for pay-per-call services or services outside the scope
of these Terms. As required by law, Verizon will cooperate
with any investigations by law enforcement or government
agencies that arise from use of the Service. Verizon reserves
the right to suspend, restrict or cancel Service without
notice for any reason and in Verizon's sole discretion.
- Limitation of Liability. In no event will Verizon be liable for any
indirect, incidental, punitive, exemplary, special or
consequential damages of any kind, including lost profits.
These limitations apply even if the damages were foreseeable
or if Verizon was advised of the possibility of damages.
Verizon will not be liable for any act or omission of any
other company or companies furnishing a portion of the
Service, including those vendors participating in the Service,
or for damages associated with service, channels or equipment
that it does not furnish, or for damages that result from
the operation of customer provided systems, equipment,
facilities or services used to receive the Service.
- Force Majeure. Verizon will not be liable for: any failure of
performance due to causes beyond its control, including, but
not limited to, acts of God, fires, floods or other
catastrophes; national emergencies, insurrections, riots or
wars, terrorist acts, strikes, lockouts, work stoppages or
other labor difficulties; preemption of existing services in
compliance with any law, order, regulation or other action of
any governing authority or agency thereof.
- Indemnification. User agrees to indemnify, defend and hold harmless
Verizon, its subsidiaries and affiliates, and their directors,
employees and agents from and against any and all losses,
liabilities, judgments, damages, costs and expenses, including
all reasonable in-house and outside attorney and expert fees
and court costs, resulting from or arising out of any third
party charges, claims, suits, actions, causes of action, of
any kind and description, whether commenced or threatened,
arising out of any act or omission pertaining to use of the
Service by User or others authorized by User to use the Service.
- Warranties. Verizon makes no express or implied representations of
warranties about its Service and disclaims any implied warranties,
including, but not limited to, warranties of title or implied
warranties of merchantability or fitness for a particular
purpose or use of non-infringement. Verizon does not authorize
anyone to make a warranty on its behalf and you may not rely
on any statement of warranty as a warranty by Verizon.
- Assignment. Verizon may assign these Terms. User may not modify or
assign the Terms.
- Entire Agreement. These Terms constitute the entire agreement
between Verizon and User and supersede any and all prior
agreements, oral or written, concerning the subject matter.
Verizon may change the Terms from time to time. Such changes
shall be posted on the web page for the Terms and Conditions
of Service of IP-relay.com, and such posting shall satisfy
any applicable notice requirements. The Terms are binding
upon you and the Company and upon, respectively, you and the
Company's agents and heirs.
- Waiver. No waiver of the Terms is valid.
- Choice of Law. The Terms are governed by and construed under
the laws of the State of New York and applicable federal law,
without regard to choice of law principles.
- Severability. If any part of the Terms is finally determined to
be invalid or unenforceable under applicable law by a court of
competent jurisdiction, than that part or provision will be
ineffective only to the extent of such invalidity or
unenforceability, without in any way affecting the remaining parts
or provisions of the Terms.