IOCOM
CORE SOFTWARE
LICENSE AGREEMENT
(Endpoint)
IMPORTANT—READ
CAREFULLY
© 2003 inSORS
Integrated Communications, Inc.
inSORS Reference: CSLA:E
– 09-03
SECTION I
Introduction
Applicable to
Section I-1: Binding
Contract
This
Core Software License Agreement ("Core Agreement") is a binding
contract. If you accept this Core Agreement,
it binds both you and IOCOM as of the date that you accept it.
As
used in this Core Agreement: “IOCOM” means inSORS Integrated Communications,
Inc., a Delaware corporation doing business as IOCOM, as well as all IOCOM
Affiliates; “Affiliate” means any corporation or other entity that, now or in
the future, directly or indirectly controls, is controlled by, or is under
common control with, IOCOM; “control” means, with respect to a corporation, the right to exercise,
directly or indirectly, more than 50% of the voting
rights attributable to the controlled corporation, and, with respect to any person,
partnership, limited liability company, trust, other entity or association, the
possession, directly or indirectly, of the power to direct or cause the
direction of the management
or policies of the controlled entity.
Section
I-2:
As
used in this Core Agreement, an “Enterprise License Agreement” is in existence
if and only if a license to use IOCOM Software for an indefinite period of time
(such as, for example, a Master Software License) has previously been executed
by both IOCOM and your affiliated business entity and it is still in full force
and effect.
If
you are affiliated with a particular business entity; an Enterprise License
Agreement is in existence; and you are authorized to download or use IOCOM
Software or use IOCOM Services pursuant to the Enterprise License Agreement:
you may accept this Core Agreement on behalf of your affiliated business
entity. In such a case, the business
entity is bound by this Core Agreement, and the business entity will receive an
“Enterprise License” for IOCOM Software and Services. Further, unless the
context require a different meaning, the term, “you,” refers to the business
entity that entered into the Enterprise License Agreement with IOCOM and on
whose behalf an individual is entering into this Core Agreement.
Section I-3:
Subscription Agreements Generally
As
used in this Core Agreement, “Subscription” means a right to utilize IOCOM Services during a
particular Usage Term. “Usage Term”
means a specified calendar period during which you have a Subscription. The Usage Term of any Subscription (including
each Usage Term for a renewed Subscription) will never exceed one year. A Subscription includes a limited right to
use IOCOM Software, as described below in this Core Agreement.
You
have a “Paid Subscription” if and only if: you have a Subscription; you are
contractually obligated to pay, or you have paid, a specific monetary fee to
IOCOM as compensation for the Subscription during the Usage Term; and any
payment owed by you to IOCOM for the Subscription during the Usage Term is not
in arrears.
Section I-4: Master Subscription
Agreement
As
used in this Core Agreement, a “Master Subscription Agreement” is in existence
if and only if a contract for a Subscription has previously been executed by
both IOCOM and your affiliated business entity and it is still in full force
and effect.
If
you are an individual affiliated with a particular business entity; a Master Subscription
Agreement is in existence; and you are authorized to download or use IOCOM
Software or use IOCOM Services pursuant to the Master Subscription Agreement:
you may accept this Core Agreement on behalf of your affiliated business
entity. In such a case, the business
entity is bound by this Core Agreement, and the business entity will receive a Subscription
to use IOCOM Services. Further, unless
the context require a different meaning, the term, “you,” refers to the
business entity that entered into the Subscription Agreement with IOCOM and on
whose behalf an individual is entering into this Core Agreement.
Section I-5: Individual
Subscription Agreement
In
all other situations not described above, including the case where:
you
may only accept this Core Agreement on behalf of yourself as an
individual. In such a case, upon
acceptance, you as an individual (that is, as a natural person) are personally
bound by this Core Agreement, and you receive an “Individual Subscription” for
IOCOM Services.
Section I-6: Upon
Acceptance of This Agreement
BY
ACCEPTING THIS AGREEMENT, YOU, AS AN INDIVIDUAL:
IF
YOU DO NOT UNDERSTAND, OR
DO NOT ACCEPT THIS CORE AGREEMENT, DO NOT
DOWNLOAD, INSTALL OR USE IOCOM SOFTWARE,
Section I-7:
Organization of this Core Agreement
This
Agreement governs both the situations where:
Enterprise
License and Subscription Agreements have different terms and conditions:
GENERAL TERMS
APPLICABLE TO
Section II-1: Further
Definitions
"IOCOM
Software" means any and all computer programs to which IOCOM grants you
access. Such access includes programs
that are delivered or deliverable by IOCOM to you or that you are otherwise
authorized by IOCOM to use.
IOCOM
has no obligation to provide any Update to IOCOM Software. Nonetheless, in the event that any Update is
provided, the Update constitutes "IOCOM Software" for purposes of
this Core Agreement and is subject to all the terms and conditions of this Core
Agreement.
“Update”
means any improvement, fix, upgrade, new version or other change in the
features, functions or capabilities of IOCOM Software or Services.
“IOCOM
Services” means services supplied to you by IOCOM that provide communication
functionality.
“Confidential
Information" means any nonpublic information that IOCOM specifically marks
or designates, either orally or in writing, as confidential or which, under the
circumstances surrounding the disclosure, would be apparent to a reasonable
person, familiar with IOCOM’s business and the industry, to be of a
confidential nature.
“Your
Computer” means a single computer in possession or under your control.
Unless
otherwise specified in this Core Agreement, words importing the singular
include the plural, words importing persons include bodies corporate and
unincorporated, and references to the whole include the part; and in each case
vice versa. Thus, by way of example and
not by way of limitation, “computer program” includes both a portion of a
computer program and a plurality of computer programs.
Section II-2:
Acceptance
In consideration of the mutual promises and
covenants set forth in this Core Agreement and for other good and valuable
consideration, the receipt and sufficiency of which you acknowledge, you agree
to be bound by all the terms and conditions of this Core Agreement. You may indicate such agreement by pressing
the “Accept” button icon that appears when this Core Agreement is displayed or
by downloading or installing IOCOM Software or by using IOCOM Software or
Services.
You
agree to the use of electronic communications in order to enter into contracts
and deliver notices. You waive any
rights or requirements under the laws and regulations of any jurisdiction that
require a non-electronic signature or delivery of notices, to the full extent
permitted under applicable law.
Section II-3:
Transfer of Rights
Absent
a separate, written agreement with IOCOM to the contrary: you will only use
IOCOM Software and Services for collaboration sessions in which you are an
active participant and as permitted under this Core Agreement.
You
may not sublicense, assign or otherwise transfer any rights under this Core
Agreement, nor authorize IOCOM Software to be copied, except as may be
expressly permitted in this Core Agreement.
IOCOM, however, may assign all or any part of
this Core Agreement, without your consent, in connection with a merger,
acquisition, or corporate reorganization, or in connection with a sale of all
or a substantial portion of its assets.
Section II-4:
Intellectual Property
IOCOM retains all right, title and
interest, including intellectual property rights, in and to IOCOM Software and
Services and any copies, improvements, derivations and Updates thereof. Nothing in this Core Agreement will be
construed to grant to you any right, title or interest (including any license)
in or to IOCOM Software or Services, except as expressly set out in this Core Agreement. Nothing in this Core Agreement gives you the
right:
You will not make any copies of IOCOM
Software, nor allow another entity to do so, other than to the extent IOCOM is
required by law to permit you to do so.
If you accept this Core Agreement, you
may be invited to download and install a single copy of IOCOM Software on Your
Computer. Also, you may receive, or you
may have already received, from IOCOM a computer having a single copy of IOCOM
Software already loaded on it. In each
such case, you may maintain and use the single copy of IOCOM Software on one
computer, as machine-readable object code only.
You may make a second copy of IOCOM Software (or the minimum number
required by law) for use exclusively as a backup, archival copy. You may not make any other copies of IOCOM
Software.
For non-server IOCOM Software
downloaded on Your Computer, you may access and use IOCOM Software and Services
at that one computer, but not at any other computer or location (unless you
again download IOCOM Software and accept another IOCOM License Agreement at the
other computer or location).
You will not reverse engineer,
decompile, modify, adapt, translate, or prepare a derivative work based upon
any IOCOM Software, nor allow another entity to do so. You will not disassemble, reduce to human
readable form, nor otherwise attempt to derive the form, content or structure
of source code for IOCOM Software, nor allow another entity to do so. You will not provide, rent, lease, resell,
lend or otherwise distribute IOCOM Software or Services to any third
party. You will not use IOCOM Software
and Services on a timeshare basis or as part of the operation of a commercial
service agency. You will not use IOCOM
Software and Services to operate a website or otherwise generate any income
from providing IOCOM Software or Services to others. You will not use IOCOM Software or Services
for the development, production or marketing of a service or product related to
visual communication. You will not use
IOCOM Software or Services for any unlawful purpose.
Thus, by way of example and not of
limitation: you will not disassemble, decrypt, modify or otherwise attempt to discover
the source code of IOCOM Software. nor any communication between executables
and other components of IOCOM Software; you will not use IOCOM Software for any
purpose other than for IOCOM
Services; you will not use IOCOM Software on a client device for any purpose other
than to connect to an IOCOM licensed server and conduct a communication
session; you will not attempt to subvert the limits enforced by IOCOM Software
on a server device; and you will not attempt to exceed the limits IOCOM has set
for your account type.
Should you, in violation of this Core
Agreement, develop, or assist with the development of a modification of IOCOM
Software (including, by way of example and not by way of limitation, a
derivative work based upon IOCOM Software) that (1) necessarily relies upon
IOCOM Software or a derivation thereof and (2) is conceived, authored or made
by you or your agents, whether alone or jointly with someone else, such change
or modification is referred to in this Core Agreement as a “Software
Modification.” You assign to IOCOM, and
further agree, at IOCOM’s request, to assign formally to IOCOM, without further
compensation, all right, title and interest in and to any such Software
Modification.
Should you desire that IOCOM Software
be modified for use with a particular application, you are encouraged to direct
such inquires to IOCOM at the address provided below in this Core
Agreement. You grant to IOCOM, and further agree,
at IOCOM’s request, to grant formally to IOCOM, without further compensation, a
royalty-free, worldwide, freely transferable, irrevocable, perpetual license to
use and incorporate into IOCOM Software and Services any suggestions,
enhancement requests, recommendations or other feedback that you may provide to
IOCOM.
You will not remove, change, obscure
or otherwise alter (1) any patent, trademark or copyright notice or (2) any
display of an IOCOM name or logo that appears in, or in association with, IOCOM
Software or Services, nor allow another entity to do so.
Section
II-5: Confidentiality
You agree with respect to any
Confidential Information disclosed by IOCOM to you:
In particular, you
acknowledge that IOCOM Software contains Confidential Information of IOCOM,
regardless of whether or not any portion thereof is the subject of a patent or
copyright. You will not allow a
competitor of IOCOM to have access, directly or indirectly, to the source code
or object code for IOCOM Software. You
acknowledge that any of such actions would result in substantial, immediate, irreparable
harm to IOCOM. If such actions are
taken, you will be liable for all resulting damages, concluding consequential
damages, incurred by IOCOM.
All Confidential Information, in
tangible or electronic form, under your control will be destroyed, erased or
returned to IOCOM promptly upon the earlier of either a written request by
IOCOM or the termination of this Core Agreement.
The restrictions of this section will
not apply to Confidential Information that:
Section
II-6: Privacy
IOCOM or an IOCOM Affiliate may
collect and process information regarding you, to the extent allowed by all
relevant laws and regulations. An IOCOM Affiliate is any corporation or other entity that, now or
in the future: directly or indirectly controls, is controlled by, or is under
common control with, IOCOM; or that has entered into a distribution agreement
with IOCOM and agreed to take appropriate organizational and technical measures
to protect your information
Section
II-7: Limitations on the Usage of IOCOM Software and Services
You are responsible for the content of
all communications that you send with IOCOM Software or Services. You are responsible for the content of all
communications sent by anyone using your password or account identifier. IOCOM is not responsible for the content of any
communication that you send, or that is sent by someone with your password or
account identifier, through the use of IOCOM Software or Services.
You will not violate any applicable
law or regulation with your use of IOCOM Software and Services. Thus, by way of example and not by way of
limitation: you will not use IOCOM Software or Services to communicate any
material that is pornographic, obscene, indecent, defamatory, threatening,
harassing, in violation of anyone’s intellectual property rights, likely to
result in civil liability, or that is, or assists, criminal conduct. You will not use IOCOM Software or Services
to invade the privacy of another, nor to transmit material that is harmful to
minors or that promotes racism or other forms of improper discrimination. You are solely responsible for any recording
of a communication session using IOCOM Software or Services. You will not use IOCOM Software or Services
to send unsolicited (“spam”) communications.
You will not use IOCOM Software and Services in any manner likely to
damage or otherwise interfere with the website or network of another
entity.
Section
II-8: Export Controls
You acknowledge that IOCOM Software
and Services may be subject to export control laws and regulations of the
Section
II-9: Breach
You agree that you will be liable for
any and all damages, including consequential damages, incurred by IOCOM as a
result of any breach by you of this Core Agreement.
Upon your breach of any provision of
this Core Agreement, including by way of example and not by way of limitation,
your failure to make timely payments to IOCOM of all amounts determined by
IOCOM to be due to it for your use of IOCOM Software or Services: IOCOM may
immediately terminate this Core Agreement, as well as any Software license and
any Subscription that you have; and you must promptly destroy all copies of
IOCOM Software in your possession, custody or control.
You acknowledge that any use of IOCOM
Software contrary to this Core Agreement, including any transfer, copying or
disclosure to others of any IOCOM Software, will likely result in substantial,
immediate, irreparable harm to IOCOM.
Following any action by you with respect to IOCOM Software that is
contrary to this Core Agreement, IOCOM will be entitled to equitable relief
(including, without limitation, preliminary and permanent injunctive relief),
without posting a bond or other security.
Section II-10:
Disclaimers of Warranties and Limitations On Liability
IOCOM SOFTWARE
IN PARTICULAR, EXCEPT AS EXPRESSLY
STATED IN THIS AGREEMENT OR OTHERWISE REQUIRED BY LAW:
FOR THE AVOIDANCE OF
DOUBT, YOU ACKNOWLEDGE
FOR THE
AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE
YOU ACKNOWLEDGE
YOU WILL INDEMNIFY,
DEFEND
THE IOCOM SOFTWARE
YOU ACKNOWLEDGE
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IOCOM BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING BY WAY OF EXAMPLE
IN
THE PROVISIONS OF
THIS SECTION STATE THE EXCLUSIVE LIABILITY OF IOCOM
THE FOREGOING EXCLUSIONS
SOME STATES OR
JURISDICTIONS
Section II-11: Force
Majeure
Neither
you nor IOCOM will be responsible for any failure to perform, or delay in
performing, any of its obligations under this Core Agreement, to the extent
that such failure or delay results from causes outside the reasonable control
of the party.
Section II-12:
Independent Actors
Nothing in this Core Agreement will be
construed as establishing or implying any agency, partnership, joint venture,
franchise, fiduciary, or employment relationship between you and IOCOM. There are no third-party beneficiaries to
this Core Agreement.
Section II-13:
Severability and Waiver
No failure by IOCOM
to exercise or enforce, and no delay by IOCOM in exercising or enforcing, any
right, remedy or provision of this Core Agreement will operate as a waiver of
such right, remedy or provision. No
single or partial exercise or enforcement of any right, remedy or provision by
IOCOM will preclude any other or further exercise or enforcement by IOCOM of
such right, remedy or provision or the exercise or enforcement of any other
right, remedy or provision.
Section II-14:
Dispute Resolution
Any
controversy or claim arising out of, relating to or connected with this Core Agreement
(including a breach of the Agreement) must be settled by binding arbitration in
accordance with the Commercial Arbitration Rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction thereof. Any arbitration under this Core Agreement
must be administered exclusively by the Chicago Regional Office of the American
Arbitration Association, or, in the event that office is unable to act, by the
closest available regional office to
Section II-15:
Governing Law
This
Agreement shall be governed by and construed in accordance with the laws of the
State of
You
and IOCOM agree that in the event of any suit or proceeding brought by either
you or IOCOM against the other, the party prevailing therein will be entitled
to payment from the other party of its reasonable counsel fees and
disbursements in an amount judicially determined.
Nothing
shall prevent a party to this Core Agreement from applying to a court of
competent jurisdiction for a temporary restraining order, a preliminary
injunction or other equitable relief to preserve the status quo or prevent
irreparable harm pending the selection and confirmation of the arbitrator(s).
SECTION
III
APPLICABLE
TO PARTIES
UNDER
AN
The following
additional terms and conditions apply to you if and only if you are party an
Section III-1:
Authority
You
warrant and represent that an Enterprise License Agreement, as defined in
Section I of this Core Agreement, is in existence. To the extent that you are not authorized to
accept this Core Agreement on behalf of your affiliated business entity or that
use IOCOM Software for a purpose not authorized by your business entity, you
agree that you will be bound as an individual to the terms and conditions of
this Core Agreement.
Section III-2: Entire
Agreement
This Core Agreement incorporates by
reference the Enterprise License Agreement.
This Core Agreement (including the incorporated Enterprise License
Agreement) constitutes the entire agreement between you and IOCOM with respect
to the subject matter hereof and supersedes all other prior agreements and
understandings, oral and written, between you and IOCOM with respect to the
subject matter hereof. This Core Agreement may only be
modified by a writing issued by an authorized officer of IOCOM.
If there
is any conflict between the provisions of this Core Agreement and the
Section III-3: Term
This
Core Agreement will be effective as of the date you accept it and will remain
effective until terminated pursuant to the terms of the Enterprise License
Agreement. If the Enterprise License
Agreement includes no provision for termination, then the terms of Section IV-4
below are incorporated into this provision.
SECTION
IV
SUBSCRIPTION
TERMS
APPLICABLE
TO PARTIES
UNDER A
SUBSCRIPTION AGREEMENT
The following
additional terms and conditions apply to you if you are not a party to an
Section IV-1: Entire
Agreement
This
Agreement incorporates by reference any Subscription Agreement that may
exist. This Agreement (including any
incorporated Subscription Agreement) constitutes the entire agreement between
you and IOCOM with respect to the subject matter hereof and supersedes all
other prior agreements and understandings, oral and written, between you and
IOCOM with respect to the subject matter hereof. If there is any conflict between the
provisions of this Core Agreement and any Subscription Agreement, then the
terms of this Core Agreement will prevail.
This Agreement may only be modified by a writing issued
by an authorized officer of IOCOM. Any
IOCOM Software Updates and future IOCOM Services (if any) may be licensed under
additional or different terms. This
Agreement shall not prejudice the statutory rights of any party dealing as a
consumer.
Section IV-2: Usage
Only
you may use IOCOM Software or Services pursuant to this Core Agreement.
If
you have a Subscription that is not Paid Subscription, you necessarily have an
Individual Subscription and you, as an individual (that is, a natural person)
may use IOCOM Software or Services to participate in
collaboration sessions: no more than six hours in any one calendar day; and
no more than10,000 minutes in any one calendar month. Further, if you not have a Paid Subscription:
you may not initiate more than 50 collaboration sessions with IOCOM Software or
Services in any one calendar day; and you may not initiate any collaboration
session having more than one participant in addition to yourself. IOCOM has the right to
terminate your Subscription, in accordance with Section IV-5 below, if you
exceed any of the usage limits set forth in this paragraph.
If
do not have a Paid Subscription and you do not participate in a collaboration
session for a period of 90 consecutive days, IOCOM has the right to terminate
your Subscription in accordance with Section IV-5 below.
If your use of IOCOM Software and Services depends upon the
use of a computer or Internet connection owned or controlled by another entity,
you represent and warrant that such other entity consents to your use of IOCOM
Software and Services with such computer or Internet connection.
Section IV-3: No
Obligation for Technical Support
IOCOM
is not obligated to provide any support to you.
IOCOM may, or may not, offer support to assist you in using IOCOM
Software and Services. If IOCOM does
offer such support, at any time and
without prior notice, IOCOM may, at
its sole discretion, discontinue or otherwise modify or limit such
support. Further, at any time and
without prior notice, IOCOM may, at its sole discretion and without prior
notice, delete any records pertaining to your usage of IOCOM Software or
Services.
Section IV-4: Termination
of Your Subscription Generally
You
may terminate your Subscription at the end of your Usage Term by providing a
Notice of Termination to IOCOM at least ten business days before the end of the
Usage Term. Such Notice of Termination
must be in the form of an email to IOCOM sent to: termination-notice@iocom.com; and
the email must include your full name, any password and account identifier
provided to you by IOCOM, and a statement that you wish to terminate your IOCOM
Subscription.
You
may not terminate your Subscription before the end of your Usage Term. If IOCOM receives from you a Notice of
Termination ten or more business days before the end of your Usage Term, your
Subscription will terminate at the end of the Usage Term. If IOCOM receives from you a Notice of
Termination less than ten business days before the end of a particular Usage
Term, the termination will not take effect until the end of the succeeding Usage
Term.
Upon
receipt of a Notice of Termination from you, IOCOM may, without further notice
to you, disable your ability to use IOCOM Software and Services.
Any
fees you have paid to IOCOM in advance are non-refundable. To the extent that you have paid IOCOM for a
Subscription, you provide a Notice of Termination to IOCOM, and the Usage Term
has not expired, you will receive no refund for the time between the Notice to
IOCOM and the termination of your Subscription.
Upon
termination of your Subscription by either you or IOCOM, you will both cease
any further use of IOCOM Services and destroy or return all copies of IOCOM
Software within your possession, custody or control. You will remain liable for all fees incurred
or accrued by you as of the termination of the Agreement.
In
its sole discretion, IOCOM has the right to discontinue offering IOCOM Software
and Services after the end of any Usage Term.
If you have a Paid Subscription, IOCOM has the right to amend this Core
Agreement at the end of the Usage Term by publishing an amended core agreement
on the IOCOM website and providing notice to you of such publication. You acknowledge and agree that you will
signify your acceptance of any amended core agreement by agreeing to a
Subscription Usage Term that begins after such publication.
IOCOM
has no obligation to provide Updates to IOCOM Software. You may be requested to enter into an amended
core agreement, however, as a precondition to downloading or using an Update. If you do not accept the amended core
agreement, you will have no right to receive any Update.
If
you have paid IOCOM in advance for a Subscription for a particular Usage Term,
that particular Usage Term has not expired, and IOCOM terminates your
Subscription without cause, you will receive a refund equal to the pro-rata
refund for the unexpired portion of the amount paid by you and received by
IOCOM for such particular Usage Term; IOCOM will have no further liability to
you as a result of terminating your Subscription without cause.
IOCOM
may, at its sole discretion, modify, upgrade, downgrade, update, expand or
contract the features of IOCOM Software and Services from time to time without
notice to you and without refunding any payment to you or otherwise incurring
any liability to you.
If
(i) you fail to comply with any provision of this Core Agreement; (ii) IOCOM is
unable to verify or authenticate any information you provide to IOCOM
(including information you provide in a Registration or Order Form); or (iii)
information you provide is incomplete or inaccurate, IOCOM may terminate your
Subscription, without any notice or without incurring any liability to you.
Section IV-5:
Termination of Your Subscription by IOCOM
If
you are receiving a complementary, trial, or other reduced-fee right to utilize
IOCOM Services, or if you also breach this Core Agreement: at any time, without
prior notice and without incurring any liability to you, IOCOM may, at its sole
discretion (1) terminate your Subscription or (2) modify, degrade or disable
some or all features of the IOCOM Services and Software available to you. As used throughout this Core Agreement, upon
terminating your Subscription, IOCOM may:
IOCOM
reserves the right, but does have any obligation, to reinstate your
Subscription after it has been terminated, with the same or different use
restrictions than were in place before the termination of your Subscription.
Section IV-6: Fees and Service
IOCOM
has the right to make your Subscription, the continuation or renewal of your
Subscription, or support for IOCOM Software and Services contingent upon your
registration and payment of fees to IOCOM.
You
represent and warrant that all information provided by you to IOCOM in a
Registration Form, Order Form or elsewhere is truthful and complete.
The
amount of the fees and the terms of payment lie within the sole discretion of
IOCOM. IOCOM retains the right, at its
sole discretion, unilaterally to change the fees and terms of payment upon the
end of a Usage Term or upon your acceptance of an Update.
If
you elect to obtain a Paid Subscription, IOCOM will send you an invoice or
charge your credit card or debit card, pursuant to the terms and conditions of
this Core Agreement and any associated IOCOM Registration or Order Form. If provided for in your Registration or Order
Form, IOCOM has the right to obtain, from your designated credit or debit card,
a periodic payment for IOCOM Services in advance of the Usage Term for a
Subscription. Should IOCOM determine
that you have not timely paid amounts owed to IOCOM, IOCOM may then immediately
terminate your Subscription in accordance with the provisions of Section IV-5 above.
Section IV-7:
Password, Account Identifier and Node Name
You
may receive a password and account identifier from IOCOM. You agree that only one individual (that is,
one natural person) will ever use any one particular password or account
identifier. That is, more than one
person will never use the same password or account identifier. The same password and account identifier must
never be used simultaneously. Should you
ever breach the conditions of this Core Agreement with respect to your Password
or Account Identifier, IOCOM may immediately terminate your
Subscription in accordance with the provisions of Section IV-5 above.
You
are responsible for maintaining the confidentiality of your password and
account identifier. You must promptly
send a notification to IOCOM of any unauthorized use of your password or
account identifier. Such notification
must be sent via email to Security-Breach@iocom.com.
You
may also be given the opportunity to provide a node name by which you can be
identified during a communication session.
You will not use a node name that is pornographic, harmful to minors or
otherwise deemed offensive or unprofessional by IOCOM. IOCOM has the sole and exclusive discretion
to determine whether or not a node name is offensive or unprofessional. Should IOCOM determine that a node name that
you have chosen is offensive or unprofessional: IOCOM may then terminate your
Subscription in accordance with Section IV-5 above.
Subscription Officer
inSORS Integrated
Communications, Inc. d/b/a IOCOM
and a confirmation
copy of notice is sent via facsimile to the following number:
A
notice to you will be given when a copy of the notice is emailed to the email
address set forth in your Registration or Order Form for a Subscription. IOCOM may change its contact information for
notification purposes by sending an email to you with the new contact
information.
SECTION
V
SURVIVABILITY
APPLICABLE
TO
Section V-1:
Survivability
For
the avoidance of doubt, the following sections will survive termination of this
Core Agreement:
Section V-2:
Agreement to Be Bound
YOU
ACKNOWLEDGE