DialSimple.Com ("DialSimple") welcomes you. DialSimple provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.dialsimple.com/my/info/terms. In addition, when using particular DialSimple owned or operated services, you and DialSimple shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. DialSimple may also offer other services that are governed by different Terms of Service.
DialSimple provides users with access to a rich collection of resources, including but not limited to search services, personalized content and phone system services through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for DialSimple to provide the Service. You also understand and agree that the Service may include certain communications from DialSimple, such as service announcements, administrative messages and the DialSimple Newsletter, and that these communications are considered part of DialSimple membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new DialSimple properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that DialSimple assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider, landline phone, mobile phone, airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that DialSimple only offers service to people with a mininum 13 years of age.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
If you provide any information that is untrue, inaccurate, not current or incomplete, or DialSimple has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DialSimple has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive a pin and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the pin and account and are fully responsible for all activities that occur under your account. You agree to
DialSimple can not and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not DialSimple, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. DialSimple does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DialSimple be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that DialSimple may or may not pre-screen Content, but that DialSimple and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, DialSimple and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by DialSimple or submitted to DialSimple.
You acknowledge, consent and agree that DialSimple may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
You understand that the technical processing and transmission of the Service, including your Content, may involve
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by DialSimple and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
When you register with DialSimple, you acknowledge that in using DialSimple services to exchange electronic and VOIP communications (including but not limited to email, search queries, sending messages to DialSimple or DialSimple users, uploading photos and files to DialSimple, making phone calls and other Internet activities), you will be causing communications to be sent through DialSimple's computer networks and DialSimple's partner's infrastructure, portions of which are located in California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of DialSimple.s network architecture and business practices and the nature of electronic and VOIP communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
Customer acknowledges and agrees that the routing and functionality of the 911 Service may be different than those provided through traditional 911 services, depending on location. Customer further acknowledges and agrees that 911 Service will not be available to the Customer and DIALSIMPLE shall have no liability to Customer or any third party for failure to provide 911 Services to the Customer in the event of
Customer acknowledges the awareness, knowledge, and understanding of the rules and regulations with specific regard to the Federal Trade Commission and the Federal Communications Commission National Do Not Call Registry rules and regulations and individual State Do Not Call Lists rules and regulations along with any other similar laws that may be applicable to customers use of DialSimple. Customer agrees not to violate these, or any other applicable Federal or State laws and represents and warrants that subscribers use of DialSimple will not cause DialSimple to violate these or similar laws.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DialSimple does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant DialSimple the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the DialSimple network of properties that are intended by DialSimple to be available to the general public. By way of example, publicly accessible areas of the Service would include Photos and Profiles that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions that are limited to members, DialSimple services intended for private communication such as phone calls, or areas off of the DialSimple network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by DialSimple.
You agree to indemnify and hold DialSimple and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your DialSimple ID), use of the Service, or access to the Service.
You acknowledge that DialSimple may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that profile data, or other uploaded Content will be retained by the Service, the maximum number of phone calls that may be made from or received by an account on the Service, the maximum number of concurrent calls that may be made from or received by an account on the Service, the maximum disk space that will be allotted on DialSimple's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that DialSimple has no responsibility or liability for the deletion or failure to store any content and other communications or other Content maintained or transmitted by the Service. You acknowledge that DialSimple reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that DialSimple reserves the right to modify these general practices and limits from time to time.
DialSimple reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DialSimple shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that DialSimple may, under certain circumstances and without prior notice, immediately terminate your DialSimple account, any associated calls, local numbers, and access to the Service. Cause for such termination shall include, but not be limited to,
Termination of your DialSimple account includes
Further, you agree that all terminations for cause shall be made in DialSimple's sole discretion and that DialSimple shall not be liable to you or any third party for any termination of your account, any associated call ids, or access to the Service.
You acknowledge that DialSimple at its discretion will decide whether the unused money balance on your account or part of it should be refunded back to you and if so the duration to refund such amount. Examples of event when dialsimple will consider such refund include but are not limited to termination of your account by you or DialSimple, termination of DialSimple service. DialSimple will not consider refund of amount greater than that's being shown in the account balance verified by DialSimple for accuracy. DialSimple reserves the right to revise this policy anytime and it will be binding to you as soon as it's posted on the DialSimple website.
Your correspondence or business dealings with, or participation in promotions of, members and advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that DialSimple shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DialSimple has no control over such sites and resources, you acknowledge and agree that DialSimple is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DialSimple shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DialSimple or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DialSimple grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by DialSimple for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIALSIMPLE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DialSimple HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
DialSimple may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
The DialSimple, DialSimple logo trademarks and service marks and other DialSimple logos and product and service names are trademarks of DialSimple.Com (the "DialSimple Marks"). Without DialSimple's prior permission, you agree not to display or use in any manner the DialSimple Marks.
DialSimple respects the intellectual property of others, and we ask our users to do the same. DialSimple may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide DialSimple's Copyright Agent the following information:
DialSimple's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
3637 Snell Avenue #392
San Jose, CA 95136
By email: email@example.com
Entire Agreement. The TOS constitutes the entire agreement between you and DialSimple and governs your use of the Service, superseding any prior agreements between you and DialSimple with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other DialSimple services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and DialSimple shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and DialSimple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of DialSimple to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your DialSimple account is non-transferable and any rights to your DialSimple ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group.