Terms of Use

Your access to and use of this website and all pages operated by COMPANY or its affiliates accessed directly or indirectly by links contained within the site (collectively, the “Site”) is subject to the following terms and conditions and all applicable laws. In addition, you agree that when purchasing the COMPANY’s products and/or using any COMPANY services sold or provided through the site, including the download of information or software, you are subject to and contractually bound by any guidelines or rules or any additional terms applicable to such products and/or services that are posted on the Site. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. Your use of the Site is your indication that you accept, without limitation or qualification, the Terms of Use, including the following “Terms and Conditions,” the COMPANY Privacy Policy and other terms of use posted on the Site. If you are using the Site on behalf of another individual or entity, your acceptance of these Terms of Use is also binding on that individual or entity. If you do not agree to these Terms of Use, you should not use the Site. The Terms of Use may be updated by us from time to time without notice to you and your continued use of the Site signifies your acceptance of the terms as updated. Please read the Terms of Use carefully and often as they are subject to change.

Terms and Conditions

1. Description of Services

COMPANY currently provides users with access to a rich collection of on-line resources, which may include information regarding COMPANY products, support services and a system for purchasing COMPANY products or services and for otherwise downloading software of other information (collectively “Services”). All Services are subject to the Terms of Use.

2. Permitted Uses of Site

COMPANY maintains this Site for your personal use, information and education. Please feel free to browse the Site. You may print or download material owned by COMPANY displayed on the Site for noncommercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, license, sell, copy, reverse engineer, distribute, modify, transmit, transfer, display, perform, reuse, re-post, or create derivative works based on the content of the Site or obtained through the Site, without written permission from COMPANY or the owner of such content in each instance. You may establish a hypertext link to the Site provided that the link is not presented in a way that demeans or disparages COMPANY or its products or services and provided that you do not display any portion of the Site in a “frame” or in connection with a banner or any other textual, graphic, audio or visual information that is not a part of the Site or otherwise imply any sponsorship, endorsement or affiliation between you and products or services offered by COMPANY or between any products or services offered by you and COMPANY.

3. Use of Communication Services

The Services may include e-mail services, bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that you will not use the Communication Services to conduct any survey, contest, pyramid scheme, or use the site in connection with any chain letter, junk email, spamming or unsolicited messages (commercial or otherwise). You may not advertise or offer to sell or buy any goods or services for any business purpose, unless Terms of Use posted in connection with such Communication Services specifically allows such use, or use the Communications Services to harvest, download, copy or otherwise collect information about others, including e-mail addresses. You may not use the Communications Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others or otherwise restrict or inhibit any other user from using and enjoying the Communication Services. You agree not to publish, post, upload or otherwise make available any inappropriate, profane, defamatory, obscene, indecent or unlawful material or information or any files that contain images, photographs, software or other material protected by rights of privacy or publicity or intellectual property rights, including, by way of example, and not as limitation, copyright or trademark, unless you own or control the rights thereto or have received all necessary consents from the owner of those rights. You also agree not to upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

COMPANY has no obligation to monitor the Communication Services. However, COMPANY reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. COMPANY reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

COMPANY reserves the right at all times to disclose any information as COMPANY deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in COMPANY’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. COMPANY does not control or endorse the content, messages or information found in any Communication Services and, therefore, COMPANY specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized COMPANY spokespersons, and their views do not necessarily reflect those of COMPANY.

4. COMPANY Privacy Policy

Registration data and certain other information about you may be obtained by COMPANY as a result of your use of the Site and may be used by COMPANY in accordance with its Privacy Policy. For more information, please see the full COMPANY Privacy Policy.

5. COMPANY’S Intellectual Property

You should assume that everything you see or read on the Site is protected by copyright unless otherwise noted, and may not be used except as provided in these Terms and Conditions or with the written permission of COMPANY. Unless an express license is stated, nothing posted on this Site grants a license to any COMPANY patents, or other intellectual property rights, whether by implication, estoppel or otherwise.

Information protected by password or available on a restricted access portion of the Site is COMPANY’S proprietary information. You may use such information only for the purpose stated in connection with such information and may not disclose COMPANY’s proprietary information to any third party or otherwise.

6. Third Party Rights

Third parties may have rights to information on the site. COMPANY neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. You should verify that your use of the Site, and information or items obtained through the site, does not infringe rights of third parties. It is your responsibility to obtain all necessary licenses and permissions required for your use. For example, COMPANY makes no warranty or representation that using suggestions or instructions on the Site will not lead to infringement of third party patents.

Images of people or places displayed on the Site are either the property of, or used with permission by, COMPANY. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Notwithstanding any other section of this Agreement, your rights to use the Site and information or items obtained through it does not extend to any use that would violate any rights of a third party. If you cannot use the Site or any Service without infringing rights of third parties, then you may not use the Site or that Service.

7. Trademark Information

The trademarks, logos, and service marks displayed on the Site are registered and common law trademarks of COMPANY and others (collectively the “Trademarks”). COMPANY does not intend to present third party trademarks as its own trademarks. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the written permission of COMPANY or such third party that may own the Trademarks. Your use of the Trademarks, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited.

8. COMPANY Use of Material

Please do not post on the Site or otherwise transmit to us any information that you regard as proprietary or that you intend for us to have limited or restricted rights to use. Any communication or material you post on the Site or transmit to COMPANY by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is and will be treated as non-confidential and non-proprietary. By transmitting anything to COMPANY or posting any information on the Site (including software), you grant COMPANY and its affiliates an irrevocable, worldwide, royalty-free, nonexclusive license to reproduce, modify, adopt, sub-license, disclose, transmit, publish, broadcast and post such materials in any media now known or later developed, in whole or in part, for any purpose. Furthermore, COMPANY is free to use any ideas, concepts, know-how, or techniques contained in any such transmission of information for any purpose whatsoever including, but not limited to, developing, manufacturing, selling and marketing products or services using such information. Through your use of the Site, you may submit and/or COMPANY may gather certain limited information about you and your web site usage. COMPANY may use that information as stated in the COMPANY Privacy Policy.

9. Links and Advertisers

The Site may contain links to web pages or other information not owned or controlled by COMPANY. COMPANY is not responsible for the content of any such off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the recommendation, endorsement or liability of COMPANY. Your correspondence or business dealings with or participation in promotions of third parties found on or through the Site and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. COMPANY shall not be liable for any loss or damage of any sort incurred as the result of any such dealings.

10. User Conduct

You are prohibited from violating or attempting to violate the security of the Site, including without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing,” or altering any portion of the programming of the Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) accessing the Site with a “robot” or in any other way accessing data through the Site in an automated fashion. You are also prohibited from downloading any software or information for which COMPANY charges a license fee unless you pay the fee. This prohibition applies whether or not technology measures are used to restrict downloading. You shall have no license to use any such software or information and your use of such software or information may be a violation of COMPANY’s intellectual property rights. Further, any license to any software or information obtained through the Site prohibits use of software or information obtained through the site with any bootleg, counterfeit or other software or information that violates COMPANY’s intellectual property rights. Any such use of information or software obtained through the Site shall constitute a material breach of the licenses granted herein and all such licenses shall immediately terminate.

11. Disclaimer

COMPANY makes no warranties or representations as to the Site or its accuracy. COMPANY assumes no liability or responsibility for any errors or omissions in the content or operation of the Site or failure of the Site to operate. In the event a COMPANY product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, COMPANY shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. COMPANY shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, COMPANY shall issue a credit to your credit card account in the amount of the incorrect price. COMPANY also disclaims responsibility for, and shall not be liable for, any damage to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE, INCLUDING ALL SERVICES PROVIDED THROUGH THE SITE, IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT ALLOWED BY LAW, ALL WARRANTIES ARE DISCLAIMED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

Please note that some jurisdictions may not allow the exclusion of express or implied warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

Your use of and browsing in the Site and the services are at your risk. You understand and agree that COMPANY assumes no responsibility for the timeliness, deletion or the misdelivery of any communications. Neither COMPANY, ANY OF ITS AFFILIATES, ADVERTISERS, ITS AND THEIR DIRECTORS, OFFICERS AND EMPLOYEES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR THE OPERATION OF THE SITE OR FAILURE OF THE SITE TO OPERATE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THIS AGREEMENT AND THE PARTIES ACKNOWLEDGE THAT COMPANY WOULD NOT GRANT ACCESS TO THE SITE WITHOUT YOUR AGREEMENT TO THIS TERM.

13. International Use

Software and other materials from this Site may be subject to Export Control laws, which prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported to any such countries, companies and/or individuals that may be subject to such export restrictions. COMPANY does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the Export Laws. This prohibition shall survive the termination of this Agreement however terminated.

14. Termination

COMPANY reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) and/or to terminate any rights to use the Site or information, software or items obtained through the Site, with or without notice, for any reason or no reason whatsoever. You agree that COMPANY shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.

15. Notices and Procedures for Making Claims of Copyright Infringement

Notifications of claimed copyright infringement should be sent to the Site’s designated agent whose address is set out below. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. COMPANY respects the intellectual property of others, and we ask our users and visitors to do the same. COMPANY will process and investigate notices of alleged infringement and will take appropriate actions under any applicable intellectual property laws. Upon receipt of a notice complying with the requirements set out below, COMPANY will act to remove or disable access to any material COMPANY believes to be infringing. If COMPANY believes that the information or material identified in a notice does not infringe a valid third party right, COMPANY may, but is not obligated to, return or re-enable the material.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide COMPANY the following information. Please be advised that to be effective, the Notification must include ALL of the following:

A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address and all other information reasonably sufficient to permit COMPANY to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may provide this notice to Legal Dept at Bandwidth Technology Corp., 450 Lexington Avenue # 2147, New York, NY 10163.

16. General Information

The Terms of Use described herein constitute the entire agreement between you and COMPANY regarding use of the Site, superseding any prior agreement between you and COMPANY regarding use of the Site. COMPANY shall not be bound by any additional or different terms unless expressly agreed in a writing signed by an authorized COMPANY representative. Your use of this Site shall be governed in all respects by the substantive laws of the sate of Rhode Island, without regard to its conflict of law provisions, and not by the U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Terms of Use or use of the Site (including but not limited to the purchase of COMPANY products) shall be exclusively in the courts of Rhode Island and you agree to bring any suit connected with the Site or based on the Terms of Use solely in such courts. Any cause of action or claim you may have with respect to the Site or services provided through the Site (including but not limited to the purchase of COMPANY products or services must be commenced within one (1) year after the claim or cause of action arises. COMPANY’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. COMPANY may assign its rights and duties under this Agreement to any party at any time without notice to you.

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