Legal

IMPORTANT - THIS IS A LEGALLY BINDING AGREEMENT BETWEEN . Instant Telecom Services. AND YOU. IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND Agreement REGARDING YOUR USE OF Instant Telecom Services. 's SOFTWARE, DOCUMENTATION AND ASSOCIATED MATERIALS ("SOFTWARE"). BY SELECTING "I AGREE" AND CONTINUING THE INSTALLATION, BY USING THE SOFTWARE OR BY SIGNIFYING YOUR ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE AND YOU SHOULD DISCONTINUE ANY FURTHER INSTALLATION OR USE THEREOF. LICENSE GRANT. Instant Telecom Services. grants to you a non-exclusive, non-transferable license this copy of the Software solely for your personal use on any desktop or other fixed or portable computer. For purposes of this Agreement, the Software is considered to be "in use" when it is loaded into temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of such computer. OWNERSHIP. The Software is proprietary to Instant Telecom Services. and protected by United States copyright and other laws, as well as international treaty provisions and you must treat the Software as any other copyrighted and legally protected material. You may not modify, adapt, translate, reverse engineer, decompile, disassemble the Software or create derivative works using or based on the Software, nor may you distribute, loan, rent, or lease, timeshare or use the Software to provide services for third parties, sublicense or transmit all or any portion of the Software, nor may you allow others to do so. Instant Telecom Services. reserves all rights not expressly granted herein. Instant Telecom Services. owns all right title and interest in and to the Software and nothing in this Agreement shall be construed to transfer, convey, impair or otherwise adversely affect Instant Telecom Services.'s ownership or proprietary rights therein or any other Instant Telecom Services. information or materials, tangible or intangible, in any form and in any medium. ACCOUNT INFORMATION. TO DOWNLOAD AND INSTALL Instant Telecom Services. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE. THERE ARE CERTAIN AREAS ON Instant Telecom Services. THAT CONTAIN ADULT OR MATURE CONTENT. ACCORDINGLY, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE TO USE THOSE AREAS. NO ONE UNDER THE AGE OF THIRTEEN (13) IS PERMITTED TO USE Instant Telecom Services.. NO ONE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) MAY USE Instant Telecom Services. WITHOUT ADULT SUPERVISION. PARENTS AND GUARDIANS ASSUME ALL LIABILITY AND RESPONSIBILITY FOR THE USE OF THEIR ACCOUNTS BY OTHER PERSONS, INLCLUDING BUT NOT LIMITED TO USE OF THEIR ACCOUNTS BY PERSONS UNDER EIGHTEEN (18) YEARS OF AGE. ANY USER FOUND TO BE UNDER THE AGE OF THIRTEEN (13) OR PERMITTING USE OF Instant Telecom Services. BY A PERSON UNDER THE AGE OF THIRTEEN (13), MAY HAVE HIS OR HER ACCOUNT SUSPENDED OR TERMINATED WITH OR WITHOUT NOTICE AND OTHER ACTIONS MAY ALSO BE TAKEN. IF A CHILD UNDER THIRTEEN (13) HAS ACCESS TO YOUR COMPUTER, DO NOT SAVE YOUR Instant Telecom Services. PASSWORD; THIS WILL RESTRICT THE CHILD AND ANY UNAUTHORIZED USER FROM USING YOUR ACCOUNT. IN ADDITION, WE STRONGLY RECOMMEND THAT YOU CHECK REGULARLY TO SEE IF ANY NEW, UNAUTHORIZED ACCOUNTS HAVE BEEN CREATED UNDER YOUR Instant Telecom Services. ACCOUNT. TO DELETE ANY UNAUTHORIZED ACCOUNTS, PLEASE CLICK ON When you register for Instant Telecom Services., you will choose a username or nickname and an account (Instant Telecom Services. User Identification ("ITSID")) will be created for you. You may not select a nickname, which violates any copyright, third party's trademark right or other proprietary right or a name, which Instant Telecom Services. deems in its sole discretion to be profane, offensive or in any other way unacceptable. Instant Telecom Services. reserves the right to delete any profane, offensive or unacceptable nicknames and/or to require you to change your nickname. You are entirely liable for all activities conducted through your Account and the nickname registered to your Account. You may allow another person, including a minor (13 - 18 years of age), to use your Account and nickname subject to your supervision; provided however, you shall remain liable for any such use of your Account by another person. In consideration for your use of the Instant Telecom Services. software, you agree to (a) provide true, accurate and complete information about yourself as prompted by the registration forms (such information being the "Registration Data"), (b) maintain and promptly update the Registration Data to keep it true, accurate and complete and (c) notify Instant Telecom Services. of any unauthorized use of your account, password or other breach of security. NO REPRESENTATIONS OR WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TERMS OF USE. You, and anyone you authorize to use your Account, may not engage in conduct which is unlawful or which inhibits another user from enjoying Instant Telecom Services. or which Instant Telecom Services. in its sole discretion determines to be unacceptable. Even if you have paid to subscribe to any of the Instant Telecom Services. services, Instant Telecom Services. reserves the right to terminate ALL of your Accounts if, in its sole discretion, it determines that through ANY of your accounts or nicknames, whether paid or free, you have engaged in any prohibited or unacceptable conduct. Please be advised that if you have paid to subscribe to any of the Instant Telecom Services. services, your subscription fee WILL NOT be refunded (either in whole or in part) if your accounts is, or your accounts are, terminated or suspended, even if the termination is a result of unacceptable conduct through a free account or nickname. Without assuming the responsibility therefor, Instant Telecom Services. reserves the right to restrict conduct and/or take measures against conduct, which Instant Telecom Services. deems in its sole discretion to be harmful or offensive to other users is unacceptable for any reason or no reason whatsoever or otherwise detracts from the Instant Telecom Services. service or adversely affects Instant Telecom Services., its business or software in any manner whatsoever. Without limiting the foregoing, examples of unacceptable conduct include: (a) threatening, harassing, or intimidating another user, (b) transmitting any unlawful, threatening, abusive, profane, offensive, defamatory, or hateful text or voice communication or Images or other material, or any racially, ethnically or otherwise objectionable material, or any material that violates or infringes the intellectual property or privacy or publicity or other rights of any other party; (c) using any obscene or offensive alias; impersonating another user, including, without limitation, a Instant Telecom Services. employee, administrator or representative; (d) disparaging the Instant Telecom Services. service, Instant Telecom Services. or its representatives, administrators or employees or solicitation; (e) posting or transmitting any advertising, promotional materials or other forms of solicitation to other users; (f) permitting language, text or images that are inappropriate to the room you host or abusing your right to take action against participants in your room or (g) disrupting the normal operation of any chat room or otherwise acting in a manner that negatively impacts other users or is inconsistent with the rating of a room or attempting, soliciting or abetting another to do of any of the above. In addition, examples of unacceptable conduct include, but not be limited to, hacking the Software, stealing the account or nickname of another user, sending a Trojan, worm, time bomb, cancelbot, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above. Failure by Instant Telecom Services. to address unacceptable or otherwise prohibited behavior on any occasion shall not constitute a waiver by Instant Telecom Services. with respect to any similar behavior in the future. Without assuming the responsibility therefore, Instant Telecom Services. also reserves the right at its sole discretion to restrict the group activity of known or suspected hate group or other similar organization. Unless you subscribe to the Instant Telecom Services. Messenger service, use of the Instant Telecom Services. software may include advertisements of various forms, which are necessary for Instant Telecom Services. to provide the service. Furthermore, all users, including Instant Telecom Services. Messenger subscribers, may see advertisements of various forms on Partner websites and/or applications, such as Games. You further understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content") is provided by, and the responsibility of the person that provided that Content and that Instant Telecom Services. is not responsible for such Content. Instant Telecom Services. does not administer Commercial Rooms or other rooms and is not responsible for the content of Commercial or other rooms, unless specifically denoted. Instant Telecom Services. expresses no views as to the content of any room and is not responsible for any activities taking place therein. To the extent that you participate in any activity on Instant Telecom Services., you do so at your own risk. In addition, you should be aware that if you elect to publish, distribute, disseminate or otherwise make available (hereinafter "Publish") an Image or speak to or send a text message to another user or users ("Chat"), such user or another user may be able to capture, reproduce and/or download the Images and/or Chat and redistribute it (or them) in undesired and/or unexpected forms, manners and/or venues and to persons or entities to whom or which you do not wish the Images or Chat to be distributed. Accordingly, you should not Publish any Images or Chat, unless you are prepared to have the Images or Chat disseminated to a wide audience and to persons and/or entities whom or which you might not want to see the Images or hear the Chat. You hereby agree that your Publishing of such Images or Chat is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against Instant Telecom Services. Parties (hereinafter defined) arising out of, or relating to your Publication of such Images or Chat. Notwithstanding the foregoing, it shall be a breach of the Terms of Service for a Instant Telecom Services. user to capture any Image or Chat that is Published on Instant Telecom Services. without the express written consent of (i) the person Publishing the Images or Chat and (ii) the person whose image is Published (if such person is different from the Publisher). No user or other party shall be deemed to be a third party beneficiary of the Terms of Service. NO SOLICITATION; NO DENIGRATION. As a condition to your use of Instant Telecom Services., you agree that you will not either directly or indirectly (a) solicit, cause, or assist in soliciting or causing, any employee, officer, director, agent, administrator, Instant Telecom Services., consultant or any other person that is employed by, consults for, volunteers for, represents or assists Instant Telecom Services. (each a "Representative") to (i) terminate, suspend, discontinue or end such Representative's employment, consultancy and/or other relationship with Instant Telecom Services., or (ii) become employed by, or work or consult for any other entity or person, (b) make any negative, denigrating or defamatory statement(s) or comment(s) about Instant Telecom Services. or any Representative, or otherwise engage in any conduct or action that might tarnish the image, reputation, ability or character of Instant Telecom Services. or any Representative, or otherwise tarnish or dilute any of Instant Telecom Services.'s trade or service marks and/or its goodwill; or (c) solicit or cause any existing customer or client of Instant Telecom Services. to cease using, and/or any potential customer or client of Instant Telecom Services. not to use any Instant Telecom Services. products and/or services and/or to use any software and/or other product(s) and/or services that are competitive with Instant Telecom Services.'s products and/or services; (d) aid, abet or authorize any person or entity to engage in any of the foregoing. LAW ENFORCEMENT. Instant Telecom Services. will fully cooperate with law enforcement in investigating or requesting information with respect to suspected criminal or other activity and, notwithstanding any provision herein to the contrary, may release your name and other information to the appropriate authorities for that purpose, with a subpoena. In addition, Instant Telecom Services. has the right, but not the obligation, to initiate its own review of the conduct of any user, either independently or as a result of a complaint by a third party user. Any investigation undertaken by Instant Telecom Services. would include all steps that Instant Telecom Services. deems appropriate in its sole discretion and the results of any such investigation could be disclosed to one or more appropriate parties.

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