This document “Terms of Service (TOS),” constitutes an agreement between Listen6.com, (hereinafter called “the Company,” “we,” “our,” “us,” and/or words of a correlative or similar meaning, which may include but not be limited to all of its agents, assigns, and/or representatives) a California corporation and the end-user (hereinafter called “the Customer,” “user,” “you,” “your,” and/or words of a correlative or similar meaning, which, for the purposes of this agreement means the person(s) identified in Listen6.com ‘s account records as the person responsible for payment of all charges or any other person(s) and/or assigns, which represents that person(s). The Company is a provider of international telecommunications services. This document provides an in-depth description of our limits, warranties, and acceptable use. In the event of ambiguity of between website information and this document, this document, “Terms of Service” dictates. BY SIGNING UP, ENROLLING IN, USING, ENTERING YOUR CREDIT/DEBIT CARD INFORMATION, AND/OR PAYING FOR THE SERVICE(S), YOU AGREE TO THE PRICES, CHARGES, AND THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE PRICES, CHARGES, AND/OR TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES DURING OUR NORMAL BUSINESS HOURS. We may change the terms of this agreement from time to time, without prior notice to you. Notices of amendment(s) made to this agreement will be considered given and effective on the date that such amendment(s) are posted at Listen6.com. Further, the agreement posted shall supersede all previously agreed to electronic and/or written Terms of Service.
ARTICLE 1- SERVICE
1.1 The Company provides both domestic and international local and toll-free phone numbers for use to forward to a designated ring-to destination.
1.2 Service is provided on a month-to-month basis. Subsequent terms of this agreement will automatically renew on a calendar monthly/yearly basis (whichever applicable) without further action by you unless you arrange to cancel your Service by calling us and talking with one of our customer service representatives. You are purchasing the Service for full monthly or annual terms (whichever applicable), which means that if you cancel your Service prior to the end of the term, you are still responsible for the full term’s charges and any unbilled charges and/or fees to the end of the then-current term, all of which becomes immediately due and payable.
1.4 The Company does not guarantee backup data. It is possible to lose said data, and in such case, said data cannot be recovered; regardless of the circumstances surrounding such a loss, Listen6.com shall not be held liable for any loss or harm resulting from your use of these optional services.
1.5 It is strongly recommended that you test the Services upon initial setup and periodically thereafter to ensure the Services are functioning to your satisfaction. Should you fail to properly test the Services as recommended, you do so at your own risk and you shall be the sole party responsible for any loss or damages.
1.6 The Service(s) provided to you by Listen6.com stand independent of any third-party carrier(s) and/or other service provider(s) you may be using, or will use, in conjunction with our Service. This agreement applies only to those Services that are owned and managed by Listen6.com. In no way does this agreement cancel or amend any existing agreement(s) you may already have in place, or will have, with any third-party carrier and/or service provider(s). Your agreement(s) with any and all third-party carrier(s) and/or other service provider(s) are between you and the third-party carrier(s) and/or other service provider(s). Such agreement(s) are NOT applicable to the Services provided to you by Listen6.com. Further, Listen6.com shall not be held liable for any action(s), or lack thereof, inadequacies and/or failures of any third-party carrier(s) and/or service provider(s) you use in conjunction with the Service. You agree that you are solely responsible for any and all fee(s) due to any and all third-party carrier(s) and/or other service provider(s) you use in conjunction with our Service.
ARTICLE 2- SUBSCRIBER ACCESS
2.1 Upon setting up your account with Listen6.com, Listen6.com will assign you a unique password for easy access to your online account at the Listen6.com-operated website. Should you elect to do so, you may change your assigned username and/or password by logging on to the Listen6.com-operated website.
2.2 It is your responsibility to maintain the security and confidentiality of your account username and password at all times and you are solely responsible for any liability or damages resulting from your failure to maintain that security and confidentiality and for all activities that occur under your username and password. You must notify us immediately if you believe that your online account with Listen6.com has been compromised by unauthorized access so that we may assign you a new username and/or password. All username and password resets will be sent only via email.
ARTICLE 3- ACCOUNT OWNERSHIP
3.1 The owner of a Listen6.com account is the person named as “Primary” contact in Listen6.com’s account database. No other person or entity, named or unnamed, shall maintain ownership or rights to the account nor Service(s) provided therein.
3.2 You may not transfer ownership of your Listen6.com account, nor the Services provided therein, to any party without the expressed consent of Listen6.com.
3.3 In the event of a dispute regarding account ownership, Listen6.com shall, in its sole discretion, determine the rightful owner.
ARTICLE 4- RESTRICTIONS ON USE
4.1 You agree to use the Service(s) provided you by Listen6.com for legal and legitimate purposes. Unlawful, improper and/or illegitimate use will be defined by Listen6.com or, any official government police agency, which notifies Listen6.com of your unlawful use of the Service it provides to you.
4.2 Listen6.com may immediately cancel your Service if/when your use of the Service(s) provided to you interfere in any way with Listen6.com ‘s ability to provide Service(s) and products to its other customers.
4.3 Your use of the Service(s) provided you by Listen6.com subjects you to any and all federal, state, and local laws within the fifty states of the Continental United States of America and/or any and all international laws and regulations.
4.4 Should your use of the Service(s) provided you by Listen6.com be deemed of a fraudulent, unethical, or otherwise prohibited nature, by Listen6.com, Listen6.com reserves the right to immediately close your account, terminate all Service to it and deem forfeit any remaining balance on your Listen6.com account. Listen6.com shall not be held liable for any harm or loss you experience as a result of such actions.
4.5 You agree to comply with all applicable foreign and domestic laws and rules and regulations regarding the transmission of technical data exported or imported from the United States to your country. Further, you agree to hold Listen6.com harmless of any damages or liabilities, of any kind, related to your violation of US and/or International laws, rules and/or regulations while you are a customer of Listen6.com.
ARTICLE 5- FREE TRIAL OFFER
5.1 Listen6.com reserves the right to amend and/or discontinue its free trial offer at anytime without prior notification.
5.2 Listen6.com reserves the right to establish and/or amend the criteria for qualification of its free trial offer at anytime, without prior notification. Further, not all accounts will qualify.
5.3 By signing up for our free trial offer you are hereby authorizing Listen6.com to initiate an AUTHORIZATION against your credit/debit card’s available balance in an amount equal to the total monthly/annual cost of the phone number(s) you have ordered; this means that the funds that are authorized may not be considered available funds in said account. Further, once the free trial concludes, Listen6.com will immediately charge the credit/debit card you have presented for payment, regardless of whether or not you used the Service during the free trial period, without further authorization, unless you present a different credit/debit card (which would then be billed immediately) or if you arrange to cancel Service prior to the conclusion of the free trial period. This immediate charge to your credit/debit card, following the free trial period, is completely NON-REFUNDABLE.
5.4 Conclusion of the free trial period does not automatically terminate your Service rather it converts your account into a regular and ongoing paid account. You will be billed immediately after the free trial period and each month thereafter unless you arrange to cancel the Services.
5.5 If you are granted our free trial offer, your free trial will expire at the end of the stated term or upon the exhaustion of the free call time credit, whichever should occur first. If you do not cancel the Service during the free trial period, you authorize us to charge your credit/debit card immediately following the free trial period, for the minimum monthly and/or annual dues and any overages, and to continue charging the credit/debit card(s) on file for your account, without prior notice to you, each month or whenever your balance reaches its low balance threshold or, until such time as you cancel your Service and all fees and charges due have been paid in full.
5.6 The free trial may not be transferred, exchanged, refunded, or used to pay monthly Service charge(s), unbilled charges or any other fees and charges of Listen6.com.
5.7 If you cancel before the free trial/demo expires you will not be billed for the account you have cancelled. If you cancel before the free trial/demo expires, the authorization against your credit/debit card may remain in effect for 3-4 additional days after cancellation. You may wish to contact your bank or financial institution to ascertain their policies in such matters, as each bank and/or financial institution varies in their policies on such matters.
ARTICLE 6- REGISTRATION
6.1 When signing up for our Services you agree to furnish a true and accurate representation of your identity, contact information, and billing information; and at subsequent times at the request of Listen6.com. If you provide false or misleading information, or if we have reason to believe that you have presented false or misleading information, we reserve the right to cancel your account, any Services related to your account, and refuse any and all of your current and future attempts to establish Service with us.
ARTICLE 7- FEES, TAXES AND OTHER CHARGES
7.1 If we cannot collect payment from your credit/debit card(s), on the payment due date, regardless of whether or not your Service is suspended by Listen6.com, your account will be closed within 29 days.
7.2 Any federal, state, and/or local fees and/or taxes levied against Listen6.com as a result of your use of the Service will be charged to your Listen6.com account unless you provide proper and recognized tax exemption documentation.
7.3 Any chargeback(s) or “inquiry” received by Listen6.com, with respect to a form of payment being used on your account, is just cause for Listen6.com to immediately cancel your Service(s).
Depending on the severity of the chargeback and/or inquiry, we may decline to accept any credit/debit card payments for your account(s); in such case you must send any and all future payments via either certified money order or wire transfer (this includes payment of the outstanding fees and charges plus the restoration of service deposit).
7.4 Any and all handling fees, taxes, or any other fee(s) assessed to your account and/or listed in this TOS agreement are completely NON-REFUNDABLE.
7.5 Any fee(s) not listed in this agreement are posted on the Listen6.com operated website, under the “Pricing” tab, for your review.
ARTICLE 8- PAYMENTS AND BILLING
8.1 Payment(s) are due, in full, on the first day of each monthly/annual term (“due date “). If payment is not received on or by the due date and you do not have sufficient credit allowance, Listen6.com will suspend your Service until payment has been received and posted to your account. Annual plans are prepaid a year in advance in order to take advantage of price savings. In addition to the prepaid amount for the year, you must pay for any minutes used over what is provided by your plan. Failure to pay for the additional minutes will result in your account being suspended. If you cancel service before your year ends or if service is terminated for any reason, you will not be reimbursed for the months not used.
8.2 Pricing information may be found under the “Pricing” tab at: Listen6.com. We may increase or decrease our prices from time to time, without prior notice. If notice is given, such notice will be considered given and effective on the date such changes are made to the price schedule and/or posted at the Listen6.com website address. The new prices listed there supersede any and all previously agreed to prices.
8.3 You may obtain a monthly billing statement detailing usage for the previous month by accessing your online web account at the Listen6.com operated website at the beginning of each month.
8.4 Listen6.com reserves the right to suspend or cancel your account and repossess and re-assign any phone number(s) associated with your account, without prior notice, for non-payment or any violation of any provision of this agreement.
8.5 You agree that you are solely responsible for ensuring that you maintain an adequate Listen6.com account balance. While we may periodically send you email notifications regarding your account’s status, we are not obligated to do so. Accordingly, in the event that we attempt to notify you of your account’s status and are unsuccessful, you hold Listen6.com harmless of any harm or loss resulting from the suspension and/or cancellation of your account and/or repossession and re-assignment of your phone number(s) as a result of the same.
8.6 We begin billing you for call time when the called party, or a voicemail system, answering machine, facsimile machine, a key press greeting, and/or a PBX/Auto Attendant, answers the call, and ends when one of the parties disconnects the call. It is important to note; however, that some foreign carriers with whom Listen6.com must interconnect with in order to terminate calls to foreign regions, designate a call as “answered” at the first ring or after a certain number of rings and will thereby charge Listen6.com for a completed call. In cases such as this, Listen6.com will charge you as if the call was answered by the called party.
8.7 We reserve the right to obtain payment from any and all credit/debit card(s) on file for your account with Listen6.com, at anytime, without further authorization. Further, if payment is not immediately available on said card(s), we reserve the right to continue to attempt to obtain payment until such a time as payment is successful.
8.8 If, as a result of our billing system and processes, your bank or financial account becomes overdrawn, you will be the sole party responsible for said fee(s). Listen6.com will not reimburse you for any such fee(s) nor shall it be liable for any harm or loss you experience as a result of such.
8.9 We reserve the right to refuse or reject payments sent to us from “unconfirmed” and/or “unverified” PayPal accounts. If your PayPal payment is accepted by our Accounting Department, your payment will be posted to your Listen6.com account within 24 business hours. Further, all such payments are posted in the order in which they were received.
8.10 Before we will accept any wire transfer, bank check, or money order payment(s) from you, we require that an image of your official government-issued identification be on file with our Accounting Department. Any such payment(s) sent, without first being given written approval to proceed with payment by our Accounting Department, will be held until verifiable identification has been received and approved by our Accounting Department. In such case, if identification is not received within seven (7) days from the date we receive your payment, your funds will be deemed forfeit and will be deposited by Listen6.com.
8.11 All monies are payable to Listen6.com in US currency only. If you send funds in any other currency, Listen6.com may either reject your payment or convert the payment into US dollars using the exchange rate in effect at that time and assess a 2.5% conversion fee on your payment, which will be deducted from the payment after conversion.
8.12 You may not lower your account’s Payment Settings below the minimum monthly/annual fee due for the phone number(s) you subscribe to.
8.13 We ask that you please allow at least 24 business hours, from the time we receive your check, money order, PayPal, or wire transfer payment(s), to have the payment(s) applied to your account. If your payment is received over the weekend period, your payment, if it is to be posted, will be applied to your account the following Monday; if your payment is received during a US holiday period, your payment will be applied to your account on the following business day in which we are opened. If you have not completed our email verification process, your payment will be held until such time as you complete the email verification process on our website.
8.14 If Listen6.com finds that you are unable to pay for your Service, Listen6.com reserves the right to require that you fund your account within a specified number of days and that all future payment(s) be made via money order or wire transfer only.
8.15 The monthly/annual minimum fee(s) are due each month, regardless of usage. Any unused included plan minutes will expire at the end of each month and will NOT “rollover” for future use.
8.16 We will not honor any limiting notations you make on/with your check, money order, wire transfer, PayPal, and/or credit card payment(s).
8.17 We reserve the right to dispute any chargeback initiated by you or your bank. Further, you agree that Listen6.com may furnish any and all information it has on file for your account to the chargeback originating banking or financial Institution in an effort to validate our dispute of the chargeback(s).
8.18 You are solely responsible for updating your payment method whenever changes occur such as a change in your billing address, name, credit/debit card number, lost/stolen credit/debit card, and the like.
8.19 By default, your account’s Payment Settings are set to indicate a minimum “Normal Balance,” which is set by default as the total minimum monthly/annual fee(s) due for the phone number(s) you subscribe to. Cancellation of a phone number(s) will not automatically adjust your account’s Payment Settings to reflect the new total minimum monthly/annual fee(s) due. If you decide to cancel a phone number(s) from your account, you must adjust your account’s “Normal Balance” to reflect the change; if you fail to do so, your account will continue to be replenished, at minimum, to the “Normal Balance” value in place prior to the cancellation of the phone number(s) you cancelled. NO ADJUSTMENTS will be given to your credit/debit card in such case; any excess amount charged will remain available on your account until it is exhausted.
8.20 Our name should appear on your credit/debit card statement(s) as “Listen6.com”
8.21 We reserve the right not to post your bank check or PayPal eCheck payment until such time as the payment(s) has cleared your bank account and is deposited by Listen6.com. We shall not be held liable for any interruption of the Service during this interim waiting period. Because of this, we strongly recommend that you make such payment arrangements well in advance, to avoid interruption of the Service.
ARTICLE 9- AFFILIATE PROGRAMS
9.1 We may, at our sole discretion, offer affiliate-based programs that offer bonuses and/or credits to Listen6.com subscribers who participate in such programs. These bonuses and/or credit(s) may not be transferred, exchanged, refunded, or used to pay monthly/annual Service charge(s), unbilled charges, or any other fees and charges of Listen6.com; further, such bonuses and/or credit(s) may not be redeemed upon your account’s cancellation or suspension.
9.2 Bonuses for participation in any our affiliate based programs are given only for the first six months of your participation in said program. No further bonuses/credits will be applied to your account when your participation in said program exceeds six months.
9.3 We reserve the right to discontinue any and/or all of our affiliate based programs at anytime, without further notice to you. Additionally, we reserve the right to modify, amend, adjust or cancel the bonus structure of any of our affiliate based programs at anytime, without further notice.
9.4 We reserve the right to determine the criteria and qualifications for our affiliate based programs. Not all accounts will qualify.
ARTICLE 10- REFUND POLICY
10.1 Listen6.com will, upon your request, issue a refund of the UNUSED portion of your Listen6.com account balance less any monthly dues and/or fees and other charges. All refunds must be processed through Listen6.com and NOT BY CONTACTING YOUR CREDIT CARD COMPANY.
10.2 If you request a refund, funds will be refunded only to the same person or organization as named on the account. Refunds will be made either using the same form of payment that has been used on the account, credit card, PayPal, bank check, money order or wire transfer, or a bank check at the sole discretion of Listen6.com.
10.3 If you request a refund, and the original form of payment was a credit/debit card, and the refund cannot be processed back to said card, for whatever reason, you must setup a PayPal account (if you don’t already have one) in order to receive your refund. Once you have established your PayPal account you should notify our Billing Department directly to inform them of the particulars of the PayPal account you would like your refund issued to.
ARTICLE 11- CANCELLATION POLICY
11.1 You may cancel your account with Listen6.com, via phone, during our normal business hours.
11.2 If your account is cancelled, cancellation will take immediate effect. All Service(s) associated with your account will be immediately disabled and may not be available at a later date/time.
11.3 Listen6.com does not have the ability to schedule cancellation for a future time/date.
ARTICLE 12- OUR RIGHTS TO LIMIT OR TERMINATE SERVICE OR THIS AGREEMENT
12.1 Listen6.com can, without prior notice, limit or terminate the Service(s) it provides to you for this or any other good cause, including but not limited to: (I) if you or any user of your Listen6.com account: (a) breach this agreement in any way; (b) provide false or misleading information about your identity; (c) use our service in any way that disrupts our ability to provide Services to our existing customers; (d) use our service in any way that adversely affects our relationship with our vendors and/or our ability to offer Services to our future customers; (e) provide false or misleading credit and/or financial information to us; (f) become insolvent or go bankrupt; (g) are involved, either directly or indirectly, in any official police investigation Listen6.com receives notification of; (h) constantly express your dissatisfaction with our Service and hinder, in any way, our ability to remedy any issues you may have with your Service (which may include, but is not limited to: constant phone calls and/or emails to us about the issues you have reported); (i) steal from us; j) interfere with our operations and/or network quality in any way; (k) refuse to pay when billed for service; (l) refuse to furnish information requested by us or present false or misleading information which is essential for billing purposes or for establishing your creditworthiness; (m) act in a manner that is threatening, harassing, obscene, or otherwise inappropriate and/or abusive towards our representatives; (n) use our services in a fraudulent manner with the intent to deceive; (o) have been given written notice of an outstanding balance owed to us yet your balance remains unpaid for twenty-nine (29) days; (p) were previously served with notice of your breach of this agreement, were allowed to and took corrective action, but thereafter engaged in the same breach activity or a new breach of this agreement; (q) act in a manner that hinders or frustrates any investigation by us or others having legal authority to investigate our legal obligations.
12.2 If you file for bankruptcy, our rights to limit and/or terminate your Service and/or this agreement shall be governed by bankruptcy law.
12.3 Listen6.com may limit or terminate your Service as a result of any new governmental regulations and policies, whether domestic or international, which it must adhere to.
ARTICLE 13- WARRANTY DISCLAIMER
13.1 Listen6.com WILL MAKE ALL REASONABLE EFFORTS, UNDER THE CIRCUMSTANCES, TO MAINTAIN ITS OVERALL NETWORK QUALITY. Listen6.com MAKES NO WARRANTIES ABOUT THE SERVICE PROVIDED HEREUNDER, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTIBILITY, COMPLETENESS, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ACCORDINGLY, ALL SERVICES OFFERED BY Listen6.com ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO CREDIT ALLOWANCES ARE PROVIDED FOR INTERUPTION OF SERVICE OF ANY KIND. IN NO EVENT SHALL Listen6.com BE HELD LIABLE TO YOU NOR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ACTUAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION TO, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF YOUR CLIENT(S) GOODWILL, ARISING IN ANY MANNER FROM THIS AGREEMENT AND OR THE PERFORMANCE OR NONPERFORMANCE HEREUNDER. NEITHER PARTY SHALL BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF ANY PARTY OF THIS AGREEMENT, OTHER THAN FOR ANY DELAY OR FAILURE IN AN OBLIGATION TO PAY MONEY, TO THE EXTENT SUCH DELAY OR FAILURE IS CAUSED BY FIRE, FLOOD, EXPLOSION, ACCIDENT, WAR STRIKE, EMBARGO, GOVERNMENTAL REQUIREMENT, CIVIL OR MILITARY AUTHORITY, ACT OF GOD, INABILITY TO SECURE MATERIALS OR LABOR, OR ANY OTHER CAUSES BEYOND THEIR REASONABLE CONTROL. ANY SUCH DELAY OR FAILURE SHALL SUSPEND THIS AGREEMENT UNTIL THE FORCE MAJEURE CEASES AND THE TERM SHALL BE EXTENDED BY THE LENGTH OF THE SUSPENSION. THIS AGREEMENT SUPERCEDES ANY AND ALL PRESENT AND FUTURE AGREEMENTS MADE BETWEEN YOU AND Listen6.com WITH RESPECT TO QUALITY, UP-TIME, RELIABILTY, AND GENERAL PERFORMANCE. Listen6.com DOES NOT WARRANTY THE RELIABILTY, UP-TIME, QUALITY, AND GENRAL PERFORMANCE OF THE SERIVCE IT PROVIDES TO YOU. FURTHER, Listen6.com MAKES NO WARRANTY THAT THE SERVICE(S) IT PROVIDES TO YOU WILL BE UNINTERRUPTED.
ARTICLE 14- PROPRIETARY
14.1 Listen6.com maintains exclusive ownership of the service interest and title, including but not limited to all of its trademarks, copyrights and other intellectual property. Additionally, Listen6.com maintains sole and exclusive ownership of all technologies and software it creates. Any and all rights not expressly stated herein are retained by Listen6.com.
ARTICLE 15- COMMUNICATIONS
15.1 Notices are given by Listen6.com via email, by a general posting on the Listen6.com website and/or via telephone. Listen6.com reserves the right to determine which method of communication it employs to communicate with you.
15.2 Listen6.com will make all reasonable efforts to deliver email notifications to you regarding the status of your account. It is beyond our control if you do not receive the communications we attempt to deliver to your email address. Listen6.com shall not be liable for any harm or loss resulting from the suspension, repossession and/or re-assignment of your assigned phone number(s) and/or cancellation of your account because you did not receive our email communications. Further, we may change or cease entirely all notifications at anytime without prior notice.
15.3 You agree to waive your rights under these Terms of Service to receive ten (10) days advance notice of the amount that we will debit from your credit/debit card(s) on file for your Listen6.com account. While we may send you email notices from time to time regarding the billing matters of your account, we are not obligated to do so. We may change or cease entirely our notifications at anytime without prior notice.
15.4 When contacting us via email, voicemail, fax and/or postal mail, we ask that you allow at least 24 business hours, from the time we receive your inquiry, to receive a response from us. Occasionally, response times may be greater, depending on the volume of communications we receive from our other customers. All communications we receive are handled in the order in which they were received. If you do not receive a response within 24 business hours, we strongly recommend that you contact us by phone (during our normal business hours) to have your concerns addressed; if you fail to make such contact, in such case, you do so at your own risk and your matter will remain in the queue until it is handled by our support staff.
15.5 When communicating with us via phone you may be asked to verify your account number, the name on file for your account, and the full billing address you provided; if you are unable to verify this very basic information our support staff will be unable to assist you. We ask that you please call back when you have this information available.
ARTICLE 16- PRIVACY
16.1 In cooperation with any official investigation, we may disclose any and all of the information we maintain on record for your account, to any police agency, legal entity, and/or any other third party, which issues us a subpoena(s), search warrant(s), court order(s), or any other official demand(s) for information we maintain on record for your account. In the event that we receive a subpoena(s), search warrant(s), court order(s), and/or any other official demand(s) for information we maintain on record for your account, we reserve the right to immediately cancel your Service, repossess and re-assign any phone number(s) associated with your account and block your access to our website. Listen6.com shall not be held liable for any harm or loss arising from such.
16.2 We may monitor your use of the Service we provide you for violations of this TOS agreement. We may take all necessary actions, we deem fit, if we suspect a breach of this agreement or if think it necessary to protect us from imminent harm or loss.
16.3 During the term of this Agreement, Customer grants the Company a license to use the Customer’s name and logo, if applicable, in the Company’s promotional material to advertise that the Customer is a client of the Company. The Company agrees that it shall not share, sell, trade, barter, or offer for free the use of the Customer’s name, logo, and affiliate data to any other individual, corporation, or entity that is not owned in whole or in part by the Company.
16.4 In an effort to protect our subscribers from credit/debit card fraud, Listen6.com actively analyzes all new accounts and existing accounts to identify and block individuals suspected of fraud from using our Service now and in the future. We may share this data (including, but not limited to, IP addresses, email addresses, the credit/debit card number(s) used, etc.) with third-party payment processors and/or Law Enforcement agencies in an effort to reduce fraud.
ARTICLE 17- BINDING AGREEMENT
17.1 This is a binding agreement. All parties named herein agree to be bound by the terms of this agreement for the life of this agreement.
17.2 You may not transfer your rights and/or obligations under this agreement without the expressed prior written consent of Listen6.com.
ARTICLE 18- HEADINGS OF NO FORCE OR EFFECT
18.1 The headings throughout this agreement are intended for reference only and have no effect or bearing on the meaning of any provision listed herein.
ARTICLE 19- INDEMNIFICATION
19.1 You shall defend, indemnify, and hold harmless Listen6.com, its officers, directors, employees, and agents from any breach of this Agreement, use of Customer’s account or in connection with the placement or transmission of any message, information, software or other content using the Services. Listen6.com shall be defended by attorneys of their choice at Customer’s expense.
ARTICLE 20- SEVERABILITY
20.1 Should any parts of this agreement be legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. In such a case, said invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
ARTICLE 21- ADDITIONAL PROVISIONS
21.1 Should a problem/issue arise with the Service you must notify us immediately so that we may remedy, to the best of our ability, the problem/issue you are having with the Service; if we are unable to remedy the problem you are having with the Service you will be offered a replacement phone number(s), at an equal or greater monthly cost. If you opt not to take the replacement phone number(s), you may continue to use the problematic Service at your own risk.
21.2 You are responsible for reviewing the TOS available on the Listen6.com website for any amendments to this agreement and/or our rates and/or other amendments to our Service. Your continued use of the Service, after Listen6.com’s posting of any amended version of its TOS, rates, and/or modifications to its Service, constitutes your acceptance and agreement with any and all amendments made and such modifications/amendments supersede any previous agreements between you and Listen6.com.
21.3 Should you violate any term(s) of this agreement, Listen6.com reserves the right to immediately cancel all Service(s) it provides to you.
21.4 You promise that you are of legal age to enter into this agreement and that you fully understand and fully agree with all of its terms and conditions.
21.5 ALL content on this site is copyright protected and may not be reproduced, adopted, or transmitted without the prior written consent of Listen6.com.
21.6 This constitutes the entire Terms of Service agreement between the parties named herein and this agreement may only be amended by Listen6.com.