TERMS OF USE
Last Updated: March 30, 2012
The following terms and conditions (“Terms of Use”) govern your access to and use of www.surgentnetworks.com (the “Site”). Surgent Networks, LLC (“Company”, “we” or “us”) maintains the Site for your personal use. By using the Site, you accept, without limitation or qualification, these Terms of Use. The Company reserves the right to update or change these Terms of Use at any time without notice to you. By using the Site following any modifications to these Terms of Use, you agree to be bound by any such modifications. If you do not agree to these Terms of Use, we request that you not use the Site.
The Company strives to ensure that the information contained on the Site is accurate and reliable. However, the Company makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility of any kind for omissions or errors in the content of the Site.
The Company will periodically revise the content, information, services, and resources contained in the Site and reserves the right to make these changes without any obligation to inform or notify past, current, or prospective users of the Site.
As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.
All text, software, scripts, graphics, photos, sounds, music, videos, information, materials, interactive features and the like on the Site (“Content”) and the trademarks, service marks, logos and other intellectual property rights therein, are owned by or licensed to the Company, and are subject to copyright and other intellectual property protection under applicable law. All Content shall remain the sole and exclusive property of the Company and/or the respective owners.
All Content is provided for your information and personal use only. Content may not be downloaded, copied, modified, altered, displayed, sold, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company and/or the respective owners. You may access and download Content only as permitted under these Terms of Use. You agree to not engage in the use, copying or distribution of any of the Content other than expressly permitted by these Terms of Use, including any use, copying or distribution of Content for any commercial purposes.
You may download for your own personal, non-commercial use Content specifically made available by the Company for download from the Site only with the provision that any and all trademark, copyright or other proprietary notices remain unchanged and visible. By downloading any Content from the Site, you agree that no right, title or interest in any downloaded Content is transferred to you as a result of such downloading or copying, and that you many only distribute such Content with the prior written consent of the Company and/or the respective owners. Any downloading of Content and materials by you from the Terms of Use remains subject to these Terms of Use.
The Company reserves all rights not expressly granted in and to the Content and the Site. You agree not to circumvent or interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
The Site’s Privacy Policy governs the Company’s use of any personal data you voluntarily submit to the Site. Review the Company’s Privacy Policy for further information. The hypertext link for our Privacy Policy is located at the bottom of this notice.
The Company does not accept or consider any creative ideas, suggestions or materials from the public (“Submissions”). Therefore, you should not make any Submissions to the Company. If you do send the Company a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of the Company. The Company shall exclusively now and hereinafter own all rights, title and interest in the Submissions and the Company will be free to use any Submissions for any purpose whatsoever.
As a convenience to the Company’s customers, the Site may link to other websites owned and operated by third parties and not maintained by the Company. The Company has no control over these linked websites, all of which have separate privacy and data collection practices and terms of use independent of the Company’s. The Company is not responsible for and does not endorse the contents of any linked websites and does not make any representations regarding the content or accuracy of materials on such websites. Viewing and using such third party websites is entirely at your own risk.
The Site and Content is provided AS IS with no warranty of any kind. The Company DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUSES, WORMS AND OTHER HARMFUL CODES, DEVICES AND COMPONENTS, TO THE FULLEST EXTENT PERMITTED BY LAW. The Company disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or in any way related to: (A) any errors in or omissions from the Site and the Content, including, but not limited to technical inaccuracies and typographical errors; (B) any third party websites or content therein directly or indirectly accessed through links in the Site, including, but not limited to, any errors in, or omissions therefrom; (C) the unavailability of the Site or any portion thereof; (D) any viruses, worms and other harmful codes, devices and components contained on the Site or obtained from your use of or access to the Site; (E) your use of the Site and the Content; or (F) your use of any equipment or software in connection with the Site. You assume full responsibility and all risks arising from use of the Site and the Content.
In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall the Company be liable for any direct, indirect, special, punitive, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.
You agree to defend, indemnify and hold the Company and its affiliates harmless from any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from and related to your use of the Site and the Content.
The Company is based in the Commonwealth of Massachusetts. You expressly agree that exclusive jurisdiction for any dispute with the Company or in any way relating to your use of the Site and the Content resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Commonwealth of Massachusetts in connection with any such dispute, including any claim involving the Company or its affiliates, employees, contractors, managers, officers, directors, equity owners, telecommunication providers, and content providers. These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. If you choose to access the Site from outside of the Commonwealth of Massachusetts, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the Commonwealth of Massachusetts by the Company.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No failure of the Company to exercise or enforce any right under or provision of these Terms of Use shall constitute a waiver of such right or provision and any such waiver must be in a writing signed by the Company. No waiver by the Company of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms of Use and the Company’s Privacy Policy (below) constitute the entire agreement between you and the Company with respect to the use of the Site. If you have any questions about these Terms of Use please contact us at:
t. 1-855.557-8743 (1-855.55.SURGE)
e. webinquiry@surgentnetworks.com
PRIVACY POLICY
Last Updated: March 30, 2012
Your privacy is very important to Surgent Networks, LLC (the “Company”, “we” or “us”). This Privacy Policy describes the information that the Company collects from you at www.surgentnetworks.com (the “Site”) as part of its normal operations and how the Company uses that information. Please read this Privacy Policy carefully because it identifies certain of your legal rights. By accessing, viewing and/or using the Site, you agree to be bound by the terms and conditions of this Privacy Policy, the Company’s Terms of Use and all other terms and conditions set forth in the Site. If you do not agree, please do not access, view or use the Site. By accepting this Privacy Policy, you expressly grant the Company the right to use and disclose your personal information in accordance with this Privacy Policy.
Visitors to the Site
When any visitor links or connects to the Site, the web server automatically recognizes the visitors domain name and e-mail address where possible. When you visit the Site and access information about Company products and services without revealing your identity or you download information on products or services from the Site, the Company may ask you to provide certain personal information by completing and submitting an online form.
Use of Cookies
The Site uses data collection devices such as “cookies” on certain pages of the Site as a convenience to users so that users do not repeatedly input the same information in different parts of the Site or on repeat visits to the Site. Cookies are small text files that are transferred from your browser to a web server which a web site can use to recognize a repeat visitor to the Site. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, which gives you the chance to decide whether or not to accept it. While the Company uses cookies to track your visit to the Site, our web servers automatically log the IP/Internet address of your computer. This information does not identify you personally and you remain anonymous unless you have otherwise provided the Company with your personal information in which case we may combine this information with other information we have collected regarding you.
The Company uses the data it obtains from Site visits to provide you with services, for internal marketing purposes, and to improve the content of our Site.
Information Collected and Used
The Company may collect personal information from you solely to provide you with the services or content you have requested. The personal information the Company collects may include first and last names, phone numbers, email addresses and responses you have given to questions posed on forms.
The Company does not sell, rent, or knowingly provide the information it receives from any Site visitor through the Site to any third party without your permission.
You agree that the Company may use personal information about you to improve our products and service to you. You agree that the Company may use your personal information to contact you regarding the services and products you have requested from us. We will not use your personal information collected through the Site for any other purpose except as disclosed in this Privacy Policy.
In the course of maintaining the security and performance of the Site and the Company’s networks and systems and providing consistent service for all users, the Company may employ software programs to do such things as monitor network traffic, identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage the Site and/or the Company’s computers, networks, systems and servers (and/or those of its providers), and monitor and tune the performance of the Site and the Company’s networks and systems. In the course of such monitoring, these programs may detect such information as e-mail headers, addresses from network packets, and other information.
We may disclose personal information in the good faith belief that we are required to do so by law, or that doing so is reasonably necessary to comply with legal process, respond to any claims, or to protect the rights, property or personal safety of the Company, our customers or the public. Information about our customers, including personal information, may be disclosed as part of, or during negotiations of, any merger, sale of the Company assets or other acquisition.
Service Providers
The Company may use and disclose information collected from you through the Site to service providers performing services on Company’s behalf.
The Security Of Your Information
We have instituted reasonable physical, electronic and procedural safeguards to store and maintain information collected through the Site in a secure environment. While we have implemented safeguards, you should be aware that Internet security technology rapidly changes. We cannot guarantee that the safeguards we employ today can protect your information from all threats of today or from the threats of tomorrow. You should also be aware that despite our efforts, factors beyond our control may result in disclosure of personal information. Accordingly, we are not in a position to guarantee that your information will be secure under all circumstances.
Online Links to Other Sites
Through the Site, users may be able to link to other websites of third parties that provide useful information, or who have agreed to offer goods and services to Site users. Any personal information you provide on the linked pages is provided directly to these third-parties and is subject to those respective third parties’ privacy policies. The Company is not responsible for the content or privacy practices of Web sites to which we link.
A Note About International Users
The Company collects, processes and maintains your information in the United States, where privacy laws may not be as protective as in your home country. If you are using the Site from outside of the United States, by providing personal information to us you are consenting to the transfer of the information to the United States for processing and the maintaining of such information in a manner consistent with this Privacy Policy.
A Special Note About The Privacy Of Minors
Our Site is designed and intended for use by adults over the age of 18. In compliance with the Children’s Online Privacy Protection Act and fair information practices, the Company will not knowingly collect personal information through the Site regarding children under the age of 13.
Changes To Our Privacy Policy
The Company may update this Privacy Policy from time to time as our information practices are modified or changed. If we make any material changes to this Privacy Policy, we will notify you here. We encourage you to periodically review this page for the latest information on our privacy practices.
Questions
If you have any questions regarding this Privacy Policy please contact us at: webinquiry@surgentnetworks.com.