Genie Services User Agreement
This web page is a legal document ("Agreement") between you ("the SUBSCRIBER")and AllCom, a Nevada corporation ("AllCom"). This Agreement states the terms and
conditions under which you may use this web site and any other AllCom Services (hereinafter "Genie Services"). Please read this agreement carefully before CONTINUING WITH YOUR SUBSCRIPTION.
Terms and Conditions
By subscribing to and utilizing any of the Genie Services, you are deemed to have agreed to and be bound by the following Terms and Conditions of this Agreement:
Definitions
"Genie Services" or "Services" means any and all services provided by AllCom to you, including but not limited to, Genie Numbers, the Universal Office, Professional Office, Personal Office, Genie Gateway, text messaging, voice mail, fax mail, e-mail, FollowMe, conference calling, Virtual Merchant, GenieCard, GenieVOX, GeniePage, Genie Messenger, CellPlusPlus, PhonePlusPlus, and any additional services offered by AllCom and utilized by you.
Genie Services Rules
Our goal is to provide a service that allows you to send and receive telephone calls, text messages, payments, faxes, pages, and messages via telephone, land line or cell, text, and email to and from friends, relatives and business associates. We respect the privacy of the content that Subscribers send and each sender is responsible for the content he or she transmits. Because of these principles, we do not actively monitor
sender's content and will not censor content, except in limited circumstances described below. Content Boundaries and Use of your Genie Services
In order to provide you the Genie Services and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be transmitted with Genie Services. These limitations comply with legal requirements and make Genie Services a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest.
* Impersonation: You may not impersonate others through the use of the Genie Services in a manner that does or is intended to mislead, confuse, or deceive others
* Trademark: We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using
business names and/or logos to mislead others will be permanently suspended.
* Privacy: You may not transmit, publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National
Identity numbers, without their express authorization and permission.
* Violence and Threats: You may not transmit, publish or post direct, specific threats of violence against others.
* Copyright: We will respond to clear and complete notices of alleged copyright infringement.
Our copyright procedures are set forth in the Terms of Service.
* Genie Numbers: AllCom is not in the business of selling local, toll free or international
Genie Numbers. All Genie Numbers are the intellectual property of AllCom, they are not
transferable, and are provided to SUBSCRIBERS exclusively as a gateway to the Genie Cloud,
and to access the services provided by AllCom. By using the Genie Services you acknowledge
that you waive all claims to any Genie Number AllCom provides you during the time you
subscribe to the services provided by AllCom.
* Unlawful Use: You may not use our service for any unlawful purposes or for promotion of
illegal activities. International Subscribers agree to comply with all local laws regarding
online conduct and acceptable content.
Spam and Abuse
AllCom strives to protect its Subscribers from spam and abuse. Technical abuses and user
abuses are not tolerated on any of the Genie Services offered, and will result in permanent
suspension. Any accounts engaging in the activities specified below are subject to permanent
suspension.
* Serial Accounts: You may not create serial accounts for disruptive or abusive purposes, or
with overlapping use cases. Mass account creation may result in suspension of all related
accounts. Please note that any violation of the Genie Services Rules is cause for permanent
suspension of all accounts.
* Username Squatting: You may not engage in username squatting. Accounts that are suspended
and / or inactive for more than 6 months may also be removed without further notice. Some of
the factors that we take into account when determining what conduct is considered to be
username squatting are:
o the number of accounts created
o creating accounts for the purpose of preventing others from using those account names
o creating accounts for the purpose of selling those accounts
o using feeds of third-party content to update and maintain accounts under the names of those
third parties
* Invitation spam: You may not use Genie Services, PhoneBooks and the related contact import
tools to send repeat, unsolicited mass invitations.
* Selling user names: Unless you have been specifically permitted to do so in a separate
agreement with AllCom, you agree that you will not reproduce, duplicate, copy, sell, trade
or resell the Services for any purpose, where "Services" is defined as follows: Your use of
AllCom's products, services and web sites (referred to collectively as the "Genie Services"
in this document and excluding any services provided to you by AllCom under a separate written
agreement) is subject to the terms of a legal agreement between you and AllCom.
* Malware/Phishing: You may not publish or link to malicious content intended to damage or
disrupt another user's browser or computer or to compromise a user's privacy.
* Spam: You may not use Genie Services for the purpose of spamming anyone. What constitutes
"spamming" will evolve as we respond to new tricks and tactics by spammers. Some of the
factors that we take into account when determining what conduct is considered to be spamming
are:
o If you have transmitted messages a large amount of Subscribers in a short amount of time;
o If your updates consist mainly of links, and not content and or updates;
o If you post misleading links;
o If a large number of Genie Subscribers are blocking you;
o The number of spam complaints that have been filed against you;
o If you send large numbers of duplicate @replies;
o If you send large numbers of unsolicited @replies in an attempt to spam a service or link;
o If you add a large number of unrelated Subscribers to lists in an attempt to spam a service
or link;
o Creating or purchasing accounts in order to Spam these accounts;
o If you create false or misleading Points of Interest;
o If you create Points of Interest to name squat or spam.
* Pornography: You may not transmit / use obscene or pornographic audio files images in either
your profile greeting or user background Your account may be suspended for Terms of Service
violations if any of the above is true. Accounts created to replace suspended accounts will
be permanently suspended. Accounts engaging in any of these behaviors may be investigated for
abuse. Accounts under investigation may be removed from Search for quality. AllCom reserves the
right to immediately terminate your account without further notice in the event that, in its
judgment, you violate these Rules or the Terms of Service.
Terms of your Genie Services
These Terms of Service ("Terms") govern your access to and use of your Genie Services and all
websites, provided by AllCom, and any information, audio, text, graphics, or other materials
uploaded, downloaded or appearing through the use of the Services (collectively referred to
as "Content"). Your access to and use of the Services is conditioned on your acceptance of and
compliance with these Terms. By accessing or using the Services you agree to be bound by these
Terms.
Basic Terms
You are responsible for your use of the Services, for any content you send post or transmit
using your Genie Services, and for any consequences thereof. You should only provide Content
that you are comfortable sharing with others under these Terms.
What you say or transmit using your Genie Services may be viewed and or heard all around the
world instantly. You may use the Services only if you can form a binding contract with AllCom
and are not a person barred from receiving services under the laws of the United States or other
applicable jurisdiction. You may use the Services only in compliance with these Terms and all
applicable local, state, national, and international laws, rules and regulations.
The Services that AllCom provides are always evolving and the form and nature of the Services
that AllCom provides may change from time to time without prior notice to you. In addition,
AllCom may stop (permanently or temporarily) providing the Services (or any features within
the Services) to you and is not required to provide you with prior notice. We also retain the
right to create limits on use and storage at our sole discretion at any time without prior
notice to you.
The Services may include advertisements, which may be targeted to the Content or information
on the Services, queries made through the Services, or other information. The types and extent
of advertising by AllCom on the Services are subject to change. In consideration for AllCom
granting you access to and use of the Services, you agree that AllCom and its third party
providers and partners may place such advertising on the Services or in connection with the
display of Content or information from the Services whether submitted by you or others.
Right to Change Terms and Conditions
You agree that AllCom may change these Terms and Conditions or its rates for any or all
portions of the Services at any time upon ten (10) days prior notice. You agree that AllCom
may give you notice of such changes by posting such changes within the AllCom web site
www.AllCom.com or any of its Services web sites, by e-mail or by conventional mail (based
on the address provided by you when you subscribed), that the ten (10) day time period begins
to run when the notice is given, and that, by continuing to use the Services after the
effective date of such changes, you agree to be bound by any such modified Terms and
Conditions of the Services.
Billing and Payment
You agree to pay AllCom all rates and charges. A subscription to your Genie Services may
require a credit card number or voided check for billing, depending on your program. By
providing your credit card information or a voided check, you grant AllCom authorization
to submit charges to that credit card number of to debit your bank account for your use
of the Service. The rates per term for Services are charged in advance of the upcoming
term of service. AllCom sells its services in monthly increments, and the Monthly Fees
are billed on the monthly anniversary of when your account was activated. All usage charges
for "per minute" or "transaction fee" rates will be billed based on actual usage, as
provided, in pre-determined increments. Any other applicable charges (set up fee, payphone
surcharges, taxes, over the limit charges, others) will also be billed to you. You
acknowledge that the amount charged by AllCom may vary based on your usage of the Services.
Any unpaid charges after 30 days will be subject to a monthly service fee of 1.5% of the
outstanding balance, or the maximum legally allowable interest rate. If charges applied to
your credit card or bank account is rejected AllCom reserves the right to assess a
processing fee.
Monthly Fees and Prepaid Calling Time
You acknowledge and agree that your Service will remain "AS IS" and will not be upgraded
or downgraded during any monthly term of service. Upon payment of the Monthly Fee, whether
for the initial month of Service or for renewal months, AllCom sells its services in monthly
increments and will not refund any portion of the Monthly Fee for any reason. You agree that
changes will not be made to your account until the beginning of your next month of service.
AllCom will automatically bill you in full for a renewal month of service if you do not
request a different billing option or cancel your Service. In addition to the up-front
Monthly Fee, your usage charges will be deducted from your Prepaid Calling Time Balance
as they occur. AllCom will not refund any portion of the Prepaid Calling Time; you are
however welcome to use up all Prepaid Calling Time in your account as payment for telephone
calls and/or any other services provided by AllCom.
EasyTips and Loyalty Bonuses
From time to time AllCom will credit you with calling time in the form of EasyTips which
are loyalty bonuses credited to you for referring new Subscribers to AllCom. EasyTips are
not convertible to cash but can be used as a credit to pay for any services offered by
AllCom, including but not limited to Monthly Fees, FollowMe services, long distance and
international telephone calls, conference calls, VOX and AudioGrams.
Prepaid Calling Time
Calling Time is a prepaid balance for communication services provided by AllCom and are
not convertible to cash. Calling time can be used as a credit to pay for any services
offered by AllCom, including but not limited to Monthly Fees, FollowMe services, long
distance and international telephone calls, conference calls, VOX and AudioGrams.
Calling time can be transferred by Subscribers to other Subscribers but can ONLY be
used as described above.
Genie Credits
Genie Credits are loyaly and promotional trade credits which can ONLY be used to prepay
Monthly Fees for the services provided by AllCom. Genie Credits are not convertible to
cash but can be transferred by you to other Subscribers to be used as payments for their
Monthly Fees as described above.
Statements
You will have access to a Statement of Account for each month that you incur charges,
on the Internet, detailing your usage during that month. The Statement is not a bill.
Charge totals on your Statement may not agree with charges shown on your credit card or
bank statement due to differences in statement cut-off dates. Unless you notify AllCom
of any dispute regarding your Statement within forty-five (45) days (or such longer
period required by law, if any) after the date the Statement was made available to you,
the charges on the Statement will be deemed to be accepted by you for all purposes,
including resolution of any inquiries made by your credit card issuer, if applicable.
Cancellation
The Services will remain in full force until canceled by either party. AllCom may suspend,
interrupt, or cancel your service at any time (i) without notice for non-payment, for any
reason, which in AllCom's judgment may preclude it from receiving payment, or for any
violation by you of these Terms and Conditions; or (ii) with notice for any reason, with
or without cause. If you wish to cancel, please access and complete the AllCom Cancellation
Form on the AllCom website and fax and/or email your cancellation request to AllCom as
directed on the form. After any cancellation, you agree AllCom has authorization to initiate
a charge if there is an outstanding balance. AllCom will not refund a prorated portion of
monthly service fees or prepaid calling time in the event that you cancel Service part way
through the month. Subsequent reinstatements of Service after cancellation may be subject
to a Service reinstatement fee, at AllCom's discretion.
Privacy
Any information that you transmit via the Genie Services is subject to our Privacy Policy,
which governs our collection and use of your information. You understand that through your
use of the Services you consent to the collection and use (as set forth in the Privacy
Policy) of this information, including the transfer of this information to the United States
and/or other countries for storage, processing and use by AllCom. As part of providing you
the Services, we may need to provide you with certain communications, such as service
announcements and administrative messages. These communications are considered part of the
Services and to your Genie Services account, which you may not be able to opt-out from
receiving.
Fraudulent and Abusive Use of the Services
AllCom helps protect you against fraudulent use of your Genie Services with personal Genie
Numbers and passwords, credit card verification upon sign up and daily and monthly usage
limits. You are responsible for controlling access to and maintaining the security of your
Genie Number and password. You shall notify AllCom of any passwords which are compromised,
stolen or suspected of being used fraudulently, in writing, via email or fax. You agree
you will be liable for all charges incurred prior to and within thirty (30) minutes after
you notify AllCom's Customer Relations, in writing or via email or fax, to deactivate
suspect user names and passwords. You agree to not engage in or assist others in fraudulent
or abusive use of the Services.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of
the person who originated such Content. We do not monitor or control the Content posted via
the Services and, we cannot take responsibility for such Content. Any use or reliance on any
Content or materials posted or transmitted via the Services or obtained by you through the
Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy,
or reliability of any Content or communications posted and or transmitted via the Services or
endorse any opinions expressed via the Services. You understand that by using the Services,
you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases mislabeled or are otherwise deceptive. Under no circumstances
will AllCom be liable in any way for any Content, including, but not limited to, any errors or
omissions in any Content, or any loss or damage of any kind incurred as a result of the use of
any Content posted, emailed, transmitted or otherwise made available via the Services or
broadcast elsewhere.
Your Rights
You retain your rights to any Content you transmit, post or display on or through the Services.
By transmitting, posting or displaying Content on or through the Services, you grant us a
worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy,
reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in
any and all media or distribution methods (now known or later developed).
This license is for authorizing us to make your messages available to the recipients of your
messages and to let them do the same. But what's yours is yours - you own your content.
AllCom has an evolving set of rules for how API developers can interact with your content.
These rules exist to enable an open ecosystem with your rights in mind.
Such additional uses by AllCom, or other companies, organizations or individuals who partner
with AllCom, may be made with no compensation paid to you with respect to the Content that you
submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over
computer networks and in various media and/or make changes to your Content as are necessary
to conform and adapt that Content to any requirements or limitations of any networks, devices,
services or media.
You are responsible for your use of the Services, for any Content you provide or transmit,
and for any consequences thereof, including the use of your Content by other Subscribers and
our third party partners. You understand that your Content may be re-broadcasted by our
partners and if you do not have the right to submit Content for such use, it may subject you
to liability. AllCom will not be responsible or liable for any use of your Content in accordance
with these Terms. You represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to any Content that you submit and or transmit
to others.
AllCom gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license
to use the software that is provided to you by Genie Services as part of the Services. This
license is for the sole purpose of enabling you to use and enjoy the benefit of the Services
as provided by the Genie Services, in the manner permitted by these Terms.
AllCom Rights
All right, title, and interest in and to the Services (excluding Content provided by Subscribers)
are and will remain the exclusive property of AllCom. The Services are protected by patents,
copyright, trademark, and other laws of both the United States and foreign countries. Nothing in
the Terms gives you a right to use the Genie or Genie Services names or any of the Genie and Genie
Services trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments,
or suggestions you may provide regarding Genie and or Genie Services is entirely voluntary and we will
be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute
any Content on the Services and to terminate Subscribers or reclaim usernames and Genie Numbers. Please
review the Genie Services Rules (which are part of these Terms) to better understand what is prohibited
on the Service. We also reserve the right to access, read, preserve, and disclose any information as we
reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or
governmental request, (ii) enforce the Terms, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user
support requests, or (v) protect the rights, property or safety of AllCom, its Subscribers and the
public.
AllCom does not disclose personally identifying information to third parties except in accordance
with our Privacy Policy.
Except as permitted through the Services (or these Terms), you have to use the Genie Services API
if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly
display, publicly perform, transmit, or otherwise use the Content or Services.
We encourage and permit broad re-use of Content. The Genie Services API exists to enable this.
You may not do any of the following while accessing or using the Services: (i) access, tamper with,
or use non-public areas of the Services, AllCom's computer systems, or the technical delivery systems
of AllCom's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach
or circumvent any security or authentication measures; (iii) access or search or attempt to access or
search the Services by any means (automated or otherwise) other than through our currently available,
published interfaces that are provided by AllCom (and only pursuant to those terms and conditions),
unless you have been specifically allowed to do so in a separate agreement with AllCom; (iv) forge
any TCP/IP packet header or any part of the header information in any email or posting, or in any way
use the Services to send altered, deceptive or false source-identifying information; or (v) interfere
with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without
limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting
the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Trademarks, Logos and Service Marks
The trademarks, logos and service marks displayed on Genie Service materials or any AllCom web sites are
the property of AllCom, its affiliates and other parties. You agree that you may not use any such trademark,
logo or service mark without the written permission of AllCom or such third party, which may own them. You
agree that the Service, and all programs, services, processes, technologies, designs, inventions, materials
and software used by AllCom for or in connection with the Service are owned by and/or are proprietary to
AllCom, and you agree not to duplicate, or attempt to duplicate, such Service, or provide any similar service,
in whole or in part, directly or indirectly, alone or in cooperation with others; or to translate, reverse
engineer, disassemble or decompile any software used or owned by AllCom for or in connection with the Services.
Copyright Policy
AllCom respects the intellectual property rights of others and expects Subscribers of the Services to do
the same. We will respond to notices of alleged copyright infringement that comply with applicable law and
are properly provided to us. If you believe that your Content has been copied in a way that constitutes
copyright infringement, please provide us with the following information: (i) a physical or electronic
signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of
the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed
to be infringing or to be the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your
contact information, including your address, telephone number, and an email address; (v) a statement by
you that you have a good faith belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification
is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion.
In appropriate circumstances, AllCom will also terminate a user's account if the user is determined to be a
repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the
Services is:
AllCom
4570 South Eastern Avenue, Suite 23 - 221
Las Vegas, Nevada 89119
The Services are Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the
Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, ALLCOM ITS
SUBSIDIARIES AND PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for
the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content
thereon. AllCom will not be responsible or liable for any harm to your computer system, loss of data, or other
harm that results from your access to or use of the Services, or any Content. You also agree that AllCom has no
responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other
communications maintained by the Services. We make no warranty that the Services will meet your requirements or
be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written,
obtained from AllCom or through the Services, will create any warranty not expressly made herein.
You acknowledge and agree that AllCom cannot and does not guarantee (i) that the Service will be available at all
times, (ii) that voice mail, fax mail or e-mail messages or other services will be delivered or received within a
particular time, or will be transmitted accurately, (iii) that voice mail, fax mail or e-mail messages will be
stored for any particular time, or (iv) that each and every country will be accessible through its access numbers.
You acknowledge and agree (i) that AllCom cannot and does not guarantee, and assumes no liability for, the security
or confidentiality of data transmitted to or from the Service, (ii) that no computer system is immune from intrusion,
(iii) that data transmitted to or from the Service may pass through many computer systems, and (iv) even encrypted
data is only as secure as the encryption method used to protect it and may not offer complete security.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not
responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content,
products, or services on or available from such websites or resources. Links to such websites or resources do not
imply any endorsement by AllCom of such websites or resources or the content, products, or services available from
such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any
such websites or resources.
Limitation of Liability
YOU AGREE THAT ALLCOM WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL,
OR SPECIAL DAMAGES, LOSSES, LOST PROFITS, OBLIGATIONS, LIABILITIES, CLAIMS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS'
FEES AND OTHER COSTS AND EXPENSES OF ANY SUIT, ACTION, INVESTIGATION, CLAIM, OR PROCEEDING) OF ANY KIND WHATSOEVER
(WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), SUSTAINED OR INCURRED BY YOU AS A RESULT OF YOUR USE
OF THE SERVICE OR THE USE OF YOUR SERVICE ACCOUNT BY ANOTHER (WHETHER OR NOT AUTHORIZED BY YOU), INCLUDING THE LOSS,
DELAY OR INACCURACY OF ANY VOICE MAIL, E-MAIL OR OTHER MESSAGE OR SERVICE, ANY LOSS OF CONFIDENTIALITY OF ANY VOICE MAIL,
E-MAIL OR OTHER MESSAGE INTENDED TO BE CONFIDENTIAL, OR AS A RESULT OF ANY SUSPENSION, INTERRUPTION OR CANCELLATION OF
SERVICE (EVEN IF ALLCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL THE AGGREGATE LIABILITY
OF ALLCOM FOR ANY AND ALL CLAIMS (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EXCEED THE AMOUNT
PAID BY YOU TO ALLCOM FOR SERVICE RENDERED IN THE MOST RECENT BILLING PERIOD.
Indemnification and Release
You agree to indemnify and hold harmless AllCom and its directors, officers, affiliates, employees, agents, suppliers,
subcontractors, and vendors from any damages, losses, obligations, liabilities, claims and expenses (including reasonable attorneys' fees and other costs and expenses of any suit, action, investigation, claim, or proceeding) of any kind
whatsoever, sustained, incurred or required to be paid by AllCom by reason of or arising out of, directly or indirectly,
your use of the Services, or the use of your Service account by another (whether or not authorized by you), including
without limitation, any claim of libel, defamation, violation of rights of privacy or publicity. AllCom reserves the right
to assume the exclusive defense and control of any such claim subject to indemnification, but, notwithstanding AllCom's
control of the defense of such claim, you will remain obligated under this indemnity.
Cooperation with Law Enforcement Agencies and Others
You agree that AllCom may cooperate with law enforcement authorities and/or injured third parties in the investigation of
any suspected crime or civil wrong attempted or perpetrated by using, or attempting to use, the Service. You agree that it
may be necessary for AllCom to examine any and all portions of the Service and Service sites, including, without limitation,
accessing your Universal Office, your GenieCards or any other account you maintain with AllCom to cooperate in such
investigations and also to resolve system problems or mail system errors, and you hereby consent to such examination.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for
consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of AllCom to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Arbitration and Governing Law
Any dispute arising out of or related to these Terms and Conditions or the use of the Service by you (or by another person using your account, with or without your permission) shall be submitted to binding arbitration before the American
Arbitration Association in Las Vegas, Nevada. You agree that all arbitration proceedings shall be before one arbitrator
in Las Vegas, Nevada, and you waive any objections that might otherwise be available based on improper venue or forum
non-convenience. Discovery appropriate to the dispute between the parties and the desire of the parties for a prompt and
efficient resolution of the dispute will be permitted. These Terms, Conditions, and applicable law will bind the arbitrator,
and the decision of the arbitrator will be binding on AllCom and you. The arbitrator will have the power to award costs and
expenses (including attorney's fees) to the prevailing party. The arbitrator's decision may be enforced in any court of
competent jurisdiction. These Terms and Conditions shall be governed by the laws of Nevada applicable to agreements entered into and performed wholly in Nevada.
Compliance with Laws
AllCom recognizes that The International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001 ("Act") imposes important new obligations on all financial service firms for the detection, deterrence and reporting of money laundering activities. Under the Act, money laundering is defined as any financial transaction using income derived from criminal activity including, but not limited to, drug trafficking, fraud, illegal gambling and terrorism. AllCom has established policies to ensure thorough compliance with all laws and regulations regarding money laundering and anti-terrorist financing. For more details please read the (AML) ANTI MONEY LAUNDERING AND ANTI-TERRORIST FINANCING POLICY STATEMENT posted on this website.
Incorporation of Tariff
You acknowledge that AllCom's network carriers may provide certain long distance and other telecommunications services to
AllCom for use by you as a part of your Genie Services. You agree that the terms and conditions (excluding rates and charges) of the applicable FCC Tariffs as modified from time to time are incorporated by reference and made a part of this Agreement. You agree to be bound by the terms and conditions of the Carriers' Tariffs with respect to the interexchange services portion of the Service.
Entire Agreement
These Terms, the Genie Services Rules and our Privacy Policy are the entire and exclusive agreement between AllCom and you regarding the Services (excluding any services for which you have a separate agreement with AllCom that is explicitly in
addition or in place of these Terms), and these Terms supersede and replace any prior agreements between AllCom and you
regarding the Services. We may revise these Terms from time to time, the most current version will always be at
www.AllCom.com . If the revision, in our sole discretion, is material we will notify you via an update or e-mail to the
email associated with your account. By continuing to access or use the Services after those revisions become effective,
you agree to be bound by the revised Terms. These Services are operated and provided by AllCom, a Nevada corporation,
4570 South Eastern Avenue Suite 23 - 221, Las Vegas, Nevada 89119.
AllCom's Privacy Policy
This Privacy Policy describes AllCom's policies and procedures on the collection, use and disclosure of your information.
AllCom receives your information through our various web sites, SMS, APIs, services and third-parties ("Services"). When
using any of our Services you consent to the collection, transfer, manipulation, storage, disclosure and other uses of
your information as described in this Privacy Policy. Irrespective of which country that you reside in or create information from, your information may be used by AllCom in the United States or any other country where AllCom operates.
Information Collection and Use
We collect and use your information to provide our Services and improve them over time. Information Collected Upon
Registration: When you create or reconfigure your Genie Services, you provide some personal information, such as your name, password, and email address. Some of this information, for example, your name and Genie Number, may be listed publicly on our Services, including on your profile page and in search results. Some Services, such as search, public user profiles and viewing lists, do not require registration. Additional Information: You may provide us with additional information to make public, such as a short biography, your location, or a picture. You may customize your account with information such as a cell phone number for the delivery of SMS messages or your address book so that we can help you find Genie Subscribers you know. We may use your contact information to send you information about our Services or to market to you. You may unsubscribe from these messages by following the instructions contained within the messages or the instructions on our web site. If you email us, we may keep your message, email address and contact information to respond to your request. Providing the additional information described in this section is entirely optional.
Log Data: Our servers automatically record information ("Log Data") created by your use of the Services. Log Data may include information such as your IP address, browser type, the referring domain, pages visited, and search terms. Other actions, such as interactions with advertisements, may also be included in Log Data. Cookies: Like many websites, we use "cookie" technology to collect additional website usage data and to improve our Services, but we do not require cookies for many parts of our Services such as searching and looking at public user profiles or lists. A cookie is a small data file that is transferred to your computer's hard disk. AllCom may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our Subscribers and web traffic routing on our Services, and to improve our Services.
Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting
cookies or to prompt you before accepting a cookie from the websites you visit.
Third Party Services: AllCom uses a variety of services hosted by third parties to help provide our Services, such as hosting
our various blogs and wikis, and to help us understand the use of our Services, such as Google Analytics. These services may
collect information sent by your browser as part of a web page request, such as cookies or your IP request. Information Sharing and Disclosure :AllCom does not disclose your private information except in the limited circumstances described here. Your Consent:
We may share or disclose your information with your consent, such as when you use a third party web client to access your Genie Services account.
Service Providers: We engage certain trusted third parties to perform functions and provide services to us. We may share your personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to obligations mirroring the protections of this privacy policy. Law and Harm: We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect AllCom's rights or property.
Business Transfers: In the event that AllCom is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this privacy policy will apply to your information as transferred to the new entity.
Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information. Modifying Your Personal Information If you are a registered user of our Services, we provide you with tools to access or modify the
personal information you provided to us and associated with your account.
Our Policy Towards Children
Our Services are not directed to people under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at Service@AllCom.com. We do not knowingly collect personal information from children under 13.
If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account.
Changes to this Policy
We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at www.AllCom.com If we make a change to this policy that, in our sole discretion, is material, we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.
This User Agreement and Privacy Policy is effective as of April 2, 2012.
This web page is a legal document ("Agreement") between you ("the SUBSCRIBER")and AllCom, a Nevada corporation ("AllCom"). This Agreement states the terms and
conditions under which you may use this web site and any other AllCom Services (hereinafter "Genie Services"). Please read this agreement carefully before CONTINUING WITH YOUR SUBSCRIPTION.
Terms and Conditions
By subscribing to and utilizing any of the Genie Services, you are deemed to have agreed to and be bound by the following Terms and Conditions of this Agreement:
Definitions
"Genie Services" or "Services" means any and all services provided by AllCom to you, including but not limited to, Genie Numbers, the Universal Office, Professional Office, Personal Office, Genie Gateway, text messaging, voice mail, fax mail, e-mail, FollowMe, conference calling, Virtual Merchant, GenieCard, GenieVOX, GeniePage, Genie Messenger, CellPlusPlus, PhonePlusPlus, and any additional services offered by AllCom and utilized by you.
Genie Services Rules
Our goal is to provide a service that allows you to send and receive telephone calls, text messages, payments, faxes, pages, and messages via telephone, land line or cell, text, and email to and from friends, relatives and business associates. We respect the privacy of the content that Subscribers send and each sender is responsible for the content he or she transmits. Because of these principles, we do not actively monitor
sender's content and will not censor content, except in limited circumstances described below. Content Boundaries and Use of your Genie Services
In order to provide you the Genie Services and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be transmitted with Genie Services. These limitations comply with legal requirements and make Genie Services a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest.
* Impersonation: You may not impersonate others through the use of the Genie Services in a manner that does or is intended to mislead, confuse, or deceive others
* Trademark: We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using
business names and/or logos to mislead others will be permanently suspended.
* Privacy: You may not transmit, publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National
Identity numbers, without their express authorization and permission.
* Violence and Threats: You may not transmit, publish or post direct, specific threats of violence against others.
* Copyright: We will respond to clear and complete notices of alleged copyright infringement.
Our copyright procedures are set forth in the Terms of Service.
* Genie Numbers: AllCom is not in the business of selling local, toll free or international
Genie Numbers. All Genie Numbers are the intellectual property of AllCom, they are not
transferable, and are provided to SUBSCRIBERS exclusively as a gateway to the Genie Cloud,
and to access the services provided by AllCom. By using the Genie Services you acknowledge
that you waive all claims to any Genie Number AllCom provides you during the time you
subscribe to the services provided by AllCom.
* Unlawful Use: You may not use our service for any unlawful purposes or for promotion of
illegal activities. International Subscribers agree to comply with all local laws regarding
online conduct and acceptable content.
Spam and Abuse
AllCom strives to protect its Subscribers from spam and abuse. Technical abuses and user
abuses are not tolerated on any of the Genie Services offered, and will result in permanent
suspension. Any accounts engaging in the activities specified below are subject to permanent
suspension.
* Serial Accounts: You may not create serial accounts for disruptive or abusive purposes, or
with overlapping use cases. Mass account creation may result in suspension of all related
accounts. Please note that any violation of the Genie Services Rules is cause for permanent
suspension of all accounts.
* Username Squatting: You may not engage in username squatting. Accounts that are suspended
and / or inactive for more than 6 months may also be removed without further notice. Some of
the factors that we take into account when determining what conduct is considered to be
username squatting are:
o the number of accounts created
o creating accounts for the purpose of preventing others from using those account names
o creating accounts for the purpose of selling those accounts
o using feeds of third-party content to update and maintain accounts under the names of those
third parties
* Invitation spam: You may not use Genie Services, PhoneBooks and the related contact import
tools to send repeat, unsolicited mass invitations.
* Selling user names: Unless you have been specifically permitted to do so in a separate
agreement with AllCom, you agree that you will not reproduce, duplicate, copy, sell, trade
or resell the Services for any purpose, where "Services" is defined as follows: Your use of
AllCom's products, services and web sites (referred to collectively as the "Genie Services"
in this document and excluding any services provided to you by AllCom under a separate written
agreement) is subject to the terms of a legal agreement between you and AllCom.
* Malware/Phishing: You may not publish or link to malicious content intended to damage or
disrupt another user's browser or computer or to compromise a user's privacy.
* Spam: You may not use Genie Services for the purpose of spamming anyone. What constitutes
"spamming" will evolve as we respond to new tricks and tactics by spammers. Some of the
factors that we take into account when determining what conduct is considered to be spamming
are:
o If you have transmitted messages a large amount of Subscribers in a short amount of time;
o If your updates consist mainly of links, and not content and or updates;
o If you post misleading links;
o If a large number of Genie Subscribers are blocking you;
o The number of spam complaints that have been filed against you;
o If you send large numbers of duplicate @replies;
o If you send large numbers of unsolicited @replies in an attempt to spam a service or link;
o If you add a large number of unrelated Subscribers to lists in an attempt to spam a service
or link;
o Creating or purchasing accounts in order to Spam these accounts;
o If you create false or misleading Points of Interest;
o If you create Points of Interest to name squat or spam.
* Pornography: You may not transmit / use obscene or pornographic audio files images in either
your profile greeting or user background Your account may be suspended for Terms of Service
violations if any of the above is true. Accounts created to replace suspended accounts will
be permanently suspended. Accounts engaging in any of these behaviors may be investigated for
abuse. Accounts under investigation may be removed from Search for quality. AllCom reserves the
right to immediately terminate your account without further notice in the event that, in its
judgment, you violate these Rules or the Terms of Service.
Terms of your Genie Services
These Terms of Service ("Terms") govern your access to and use of your Genie Services and all
websites, provided by AllCom, and any information, audio, text, graphics, or other materials
uploaded, downloaded or appearing through the use of the Services (collectively referred to
as "Content"). Your access to and use of the Services is conditioned on your acceptance of and
compliance with these Terms. By accessing or using the Services you agree to be bound by these
Terms.
Basic Terms
You are responsible for your use of the Services, for any content you send post or transmit
using your Genie Services, and for any consequences thereof. You should only provide Content
that you are comfortable sharing with others under these Terms.
What you say or transmit using your Genie Services may be viewed and or heard all around the
world instantly. You may use the Services only if you can form a binding contract with AllCom
and are not a person barred from receiving services under the laws of the United States or other
applicable jurisdiction. You may use the Services only in compliance with these Terms and all
applicable local, state, national, and international laws, rules and regulations.
The Services that AllCom provides are always evolving and the form and nature of the Services
that AllCom provides may change from time to time without prior notice to you. In addition,
AllCom may stop (permanently or temporarily) providing the Services (or any features within
the Services) to you and is not required to provide you with prior notice. We also retain the
right to create limits on use and storage at our sole discretion at any time without prior
notice to you.
The Services may include advertisements, which may be targeted to the Content or information
on the Services, queries made through the Services, or other information. The types and extent
of advertising by AllCom on the Services are subject to change. In consideration for AllCom
granting you access to and use of the Services, you agree that AllCom and its third party
providers and partners may place such advertising on the Services or in connection with the
display of Content or information from the Services whether submitted by you or others.
Right to Change Terms and Conditions
You agree that AllCom may change these Terms and Conditions or its rates for any or all
portions of the Services at any time upon ten (10) days prior notice. You agree that AllCom
may give you notice of such changes by posting such changes within the AllCom web site
www.AllCom.com or any of its Services web sites, by e-mail or by conventional mail (based
on the address provided by you when you subscribed), that the ten (10) day time period begins
to run when the notice is given, and that, by continuing to use the Services after the
effective date of such changes, you agree to be bound by any such modified Terms and
Conditions of the Services.
Billing and Payment
You agree to pay AllCom all rates and charges. A subscription to your Genie Services may
require a credit card number or voided check for billing, depending on your program. By
providing your credit card information or a voided check, you grant AllCom authorization
to submit charges to that credit card number of to debit your bank account for your use
of the Service. The rates per term for Services are charged in advance of the upcoming
term of service. AllCom sells its services in monthly increments, and the Monthly Fees
are billed on the monthly anniversary of when your account was activated. All usage charges
for "per minute" or "transaction fee" rates will be billed based on actual usage, as
provided, in pre-determined increments. Any other applicable charges (set up fee, payphone
surcharges, taxes, over the limit charges, others) will also be billed to you. You
acknowledge that the amount charged by AllCom may vary based on your usage of the Services.
Any unpaid charges after 30 days will be subject to a monthly service fee of 1.5% of the
outstanding balance, or the maximum legally allowable interest rate. If charges applied to
your credit card or bank account is rejected AllCom reserves the right to assess a
processing fee.
Monthly Fees and Prepaid Calling Time
You acknowledge and agree that your Service will remain "AS IS" and will not be upgraded
or downgraded during any monthly term of service. Upon payment of the Monthly Fee, whether
for the initial month of Service or for renewal months, AllCom sells its services in monthly
increments and will not refund any portion of the Monthly Fee for any reason. You agree that
changes will not be made to your account until the beginning of your next month of service.
AllCom will automatically bill you in full for a renewal month of service if you do not
request a different billing option or cancel your Service. In addition to the up-front
Monthly Fee, your usage charges will be deducted from your Prepaid Calling Time Balance
as they occur. AllCom will not refund any portion of the Prepaid Calling Time; you are
however welcome to use up all Prepaid Calling Time in your account as payment for telephone
calls and/or any other services provided by AllCom.
EasyTips and Loyalty Bonuses
From time to time AllCom will credit you with calling time in the form of EasyTips which
are loyalty bonuses credited to you for referring new Subscribers to AllCom. EasyTips are
not convertible to cash but can be used as a credit to pay for any services offered by
AllCom, including but not limited to Monthly Fees, FollowMe services, long distance and
international telephone calls, conference calls, VOX and AudioGrams.
Prepaid Calling Time
Calling Time is a prepaid balance for communication services provided by AllCom and are
not convertible to cash. Calling time can be used as a credit to pay for any services
offered by AllCom, including but not limited to Monthly Fees, FollowMe services, long
distance and international telephone calls, conference calls, VOX and AudioGrams.
Calling time can be transferred by Subscribers to other Subscribers but can ONLY be
used as described above.
Genie Credits
Genie Credits are loyaly and promotional trade credits which can ONLY be used to prepay
Monthly Fees for the services provided by AllCom. Genie Credits are not convertible to
cash but can be transferred by you to other Subscribers to be used as payments for their
Monthly Fees as described above.
Statements
You will have access to a Statement of Account for each month that you incur charges,
on the Internet, detailing your usage during that month. The Statement is not a bill.
Charge totals on your Statement may not agree with charges shown on your credit card or
bank statement due to differences in statement cut-off dates. Unless you notify AllCom
of any dispute regarding your Statement within forty-five (45) days (or such longer
period required by law, if any) after the date the Statement was made available to you,
the charges on the Statement will be deemed to be accepted by you for all purposes,
including resolution of any inquiries made by your credit card issuer, if applicable.
Cancellation
The Services will remain in full force until canceled by either party. AllCom may suspend,
interrupt, or cancel your service at any time (i) without notice for non-payment, for any
reason, which in AllCom's judgment may preclude it from receiving payment, or for any
violation by you of these Terms and Conditions; or (ii) with notice for any reason, with
or without cause. If you wish to cancel, please access and complete the AllCom Cancellation
Form on the AllCom website and fax and/or email your cancellation request to AllCom as
directed on the form. After any cancellation, you agree AllCom has authorization to initiate
a charge if there is an outstanding balance. AllCom will not refund a prorated portion of
monthly service fees or prepaid calling time in the event that you cancel Service part way
through the month. Subsequent reinstatements of Service after cancellation may be subject
to a Service reinstatement fee, at AllCom's discretion.
Privacy
Any information that you transmit via the Genie Services is subject to our Privacy Policy,
which governs our collection and use of your information. You understand that through your
use of the Services you consent to the collection and use (as set forth in the Privacy
Policy) of this information, including the transfer of this information to the United States
and/or other countries for storage, processing and use by AllCom. As part of providing you
the Services, we may need to provide you with certain communications, such as service
announcements and administrative messages. These communications are considered part of the
Services and to your Genie Services account, which you may not be able to opt-out from
receiving.
Fraudulent and Abusive Use of the Services
AllCom helps protect you against fraudulent use of your Genie Services with personal Genie
Numbers and passwords, credit card verification upon sign up and daily and monthly usage
limits. You are responsible for controlling access to and maintaining the security of your
Genie Number and password. You shall notify AllCom of any passwords which are compromised,
stolen or suspected of being used fraudulently, in writing, via email or fax. You agree
you will be liable for all charges incurred prior to and within thirty (30) minutes after
you notify AllCom's Customer Relations, in writing or via email or fax, to deactivate
suspect user names and passwords. You agree to not engage in or assist others in fraudulent
or abusive use of the Services.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of
the person who originated such Content. We do not monitor or control the Content posted via
the Services and, we cannot take responsibility for such Content. Any use or reliance on any
Content or materials posted or transmitted via the Services or obtained by you through the
Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy,
or reliability of any Content or communications posted and or transmitted via the Services or
endorse any opinions expressed via the Services. You understand that by using the Services,
you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases mislabeled or are otherwise deceptive. Under no circumstances
will AllCom be liable in any way for any Content, including, but not limited to, any errors or
omissions in any Content, or any loss or damage of any kind incurred as a result of the use of
any Content posted, emailed, transmitted or otherwise made available via the Services or
broadcast elsewhere.
Your Rights
You retain your rights to any Content you transmit, post or display on or through the Services.
By transmitting, posting or displaying Content on or through the Services, you grant us a
worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy,
reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in
any and all media or distribution methods (now known or later developed).
This license is for authorizing us to make your messages available to the recipients of your
messages and to let them do the same. But what's yours is yours - you own your content.
AllCom has an evolving set of rules for how API developers can interact with your content.
These rules exist to enable an open ecosystem with your rights in mind.
Such additional uses by AllCom, or other companies, organizations or individuals who partner
with AllCom, may be made with no compensation paid to you with respect to the Content that you
submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over
computer networks and in various media and/or make changes to your Content as are necessary
to conform and adapt that Content to any requirements or limitations of any networks, devices,
services or media.
You are responsible for your use of the Services, for any Content you provide or transmit,
and for any consequences thereof, including the use of your Content by other Subscribers and
our third party partners. You understand that your Content may be re-broadcasted by our
partners and if you do not have the right to submit Content for such use, it may subject you
to liability. AllCom will not be responsible or liable for any use of your Content in accordance
with these Terms. You represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to any Content that you submit and or transmit
to others.
AllCom gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license
to use the software that is provided to you by Genie Services as part of the Services. This
license is for the sole purpose of enabling you to use and enjoy the benefit of the Services
as provided by the Genie Services, in the manner permitted by these Terms.
AllCom Rights
All right, title, and interest in and to the Services (excluding Content provided by Subscribers)
are and will remain the exclusive property of AllCom. The Services are protected by patents,
copyright, trademark, and other laws of both the United States and foreign countries. Nothing in
the Terms gives you a right to use the Genie or Genie Services names or any of the Genie and Genie
Services trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments,
or suggestions you may provide regarding Genie and or Genie Services is entirely voluntary and we will
be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute
any Content on the Services and to terminate Subscribers or reclaim usernames and Genie Numbers. Please
review the Genie Services Rules (which are part of these Terms) to better understand what is prohibited
on the Service. We also reserve the right to access, read, preserve, and disclose any information as we
reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or
governmental request, (ii) enforce the Terms, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user
support requests, or (v) protect the rights, property or safety of AllCom, its Subscribers and the
public.
AllCom does not disclose personally identifying information to third parties except in accordance
with our Privacy Policy.
Except as permitted through the Services (or these Terms), you have to use the Genie Services API
if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly
display, publicly perform, transmit, or otherwise use the Content or Services.
We encourage and permit broad re-use of Content. The Genie Services API exists to enable this.
You may not do any of the following while accessing or using the Services: (i) access, tamper with,
or use non-public areas of the Services, AllCom's computer systems, or the technical delivery systems
of AllCom's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach
or circumvent any security or authentication measures; (iii) access or search or attempt to access or
search the Services by any means (automated or otherwise) other than through our currently available,
published interfaces that are provided by AllCom (and only pursuant to those terms and conditions),
unless you have been specifically allowed to do so in a separate agreement with AllCom; (iv) forge
any TCP/IP packet header or any part of the header information in any email or posting, or in any way
use the Services to send altered, deceptive or false source-identifying information; or (v) interfere
with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without
limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting
the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Trademarks, Logos and Service Marks
The trademarks, logos and service marks displayed on Genie Service materials or any AllCom web sites are
the property of AllCom, its affiliates and other parties. You agree that you may not use any such trademark,
logo or service mark without the written permission of AllCom or such third party, which may own them. You
agree that the Service, and all programs, services, processes, technologies, designs, inventions, materials
and software used by AllCom for or in connection with the Service are owned by and/or are proprietary to
AllCom, and you agree not to duplicate, or attempt to duplicate, such Service, or provide any similar service,
in whole or in part, directly or indirectly, alone or in cooperation with others; or to translate, reverse
engineer, disassemble or decompile any software used or owned by AllCom for or in connection with the Services.
Copyright Policy
AllCom respects the intellectual property rights of others and expects Subscribers of the Services to do
the same. We will respond to notices of alleged copyright infringement that comply with applicable law and
are properly provided to us. If you believe that your Content has been copied in a way that constitutes
copyright infringement, please provide us with the following information: (i) a physical or electronic
signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of
the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed
to be infringing or to be the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your
contact information, including your address, telephone number, and an email address; (v) a statement by
you that you have a good faith belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification
is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion.
In appropriate circumstances, AllCom will also terminate a user's account if the user is determined to be a
repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the
Services is:
AllCom
4570 South Eastern Avenue, Suite 23 - 221
Las Vegas, Nevada 89119
The Services are Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the
Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, ALLCOM ITS
SUBSIDIARIES AND PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for
the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content
thereon. AllCom will not be responsible or liable for any harm to your computer system, loss of data, or other
harm that results from your access to or use of the Services, or any Content. You also agree that AllCom has no
responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other
communications maintained by the Services. We make no warranty that the Services will meet your requirements or
be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written,
obtained from AllCom or through the Services, will create any warranty not expressly made herein.
You acknowledge and agree that AllCom cannot and does not guarantee (i) that the Service will be available at all
times, (ii) that voice mail, fax mail or e-mail messages or other services will be delivered or received within a
particular time, or will be transmitted accurately, (iii) that voice mail, fax mail or e-mail messages will be
stored for any particular time, or (iv) that each and every country will be accessible through its access numbers.
You acknowledge and agree (i) that AllCom cannot and does not guarantee, and assumes no liability for, the security
or confidentiality of data transmitted to or from the Service, (ii) that no computer system is immune from intrusion,
(iii) that data transmitted to or from the Service may pass through many computer systems, and (iv) even encrypted
data is only as secure as the encryption method used to protect it and may not offer complete security.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not
responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content,
products, or services on or available from such websites or resources. Links to such websites or resources do not
imply any endorsement by AllCom of such websites or resources or the content, products, or services available from
such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any
such websites or resources.
Limitation of Liability
YOU AGREE THAT ALLCOM WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL,
OR SPECIAL DAMAGES, LOSSES, LOST PROFITS, OBLIGATIONS, LIABILITIES, CLAIMS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS'
FEES AND OTHER COSTS AND EXPENSES OF ANY SUIT, ACTION, INVESTIGATION, CLAIM, OR PROCEEDING) OF ANY KIND WHATSOEVER
(WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), SUSTAINED OR INCURRED BY YOU AS A RESULT OF YOUR USE
OF THE SERVICE OR THE USE OF YOUR SERVICE ACCOUNT BY ANOTHER (WHETHER OR NOT AUTHORIZED BY YOU), INCLUDING THE LOSS,
DELAY OR INACCURACY OF ANY VOICE MAIL, E-MAIL OR OTHER MESSAGE OR SERVICE, ANY LOSS OF CONFIDENTIALITY OF ANY VOICE MAIL,
E-MAIL OR OTHER MESSAGE INTENDED TO BE CONFIDENTIAL, OR AS A RESULT OF ANY SUSPENSION, INTERRUPTION OR CANCELLATION OF
SERVICE (EVEN IF ALLCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL THE AGGREGATE LIABILITY
OF ALLCOM FOR ANY AND ALL CLAIMS (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EXCEED THE AMOUNT
PAID BY YOU TO ALLCOM FOR SERVICE RENDERED IN THE MOST RECENT BILLING PERIOD.
Indemnification and Release
You agree to indemnify and hold harmless AllCom and its directors, officers, affiliates, employees, agents, suppliers,
subcontractors, and vendors from any damages, losses, obligations, liabilities, claims and expenses (including reasonable attorneys' fees and other costs and expenses of any suit, action, investigation, claim, or proceeding) of any kind
whatsoever, sustained, incurred or required to be paid by AllCom by reason of or arising out of, directly or indirectly,
your use of the Services, or the use of your Service account by another (whether or not authorized by you), including
without limitation, any claim of libel, defamation, violation of rights of privacy or publicity. AllCom reserves the right
to assume the exclusive defense and control of any such claim subject to indemnification, but, notwithstanding AllCom's
control of the defense of such claim, you will remain obligated under this indemnity.
Cooperation with Law Enforcement Agencies and Others
You agree that AllCom may cooperate with law enforcement authorities and/or injured third parties in the investigation of
any suspected crime or civil wrong attempted or perpetrated by using, or attempting to use, the Service. You agree that it
may be necessary for AllCom to examine any and all portions of the Service and Service sites, including, without limitation,
accessing your Universal Office, your GenieCards or any other account you maintain with AllCom to cooperate in such
investigations and also to resolve system problems or mail system errors, and you hereby consent to such examination.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for
consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of AllCom to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Arbitration and Governing Law
Any dispute arising out of or related to these Terms and Conditions or the use of the Service by you (or by another person using your account, with or without your permission) shall be submitted to binding arbitration before the American
Arbitration Association in Las Vegas, Nevada. You agree that all arbitration proceedings shall be before one arbitrator
in Las Vegas, Nevada, and you waive any objections that might otherwise be available based on improper venue or forum
non-convenience. Discovery appropriate to the dispute between the parties and the desire of the parties for a prompt and
efficient resolution of the dispute will be permitted. These Terms, Conditions, and applicable law will bind the arbitrator,
and the decision of the arbitrator will be binding on AllCom and you. The arbitrator will have the power to award costs and
expenses (including attorney's fees) to the prevailing party. The arbitrator's decision may be enforced in any court of
competent jurisdiction. These Terms and Conditions shall be governed by the laws of Nevada applicable to agreements entered into and performed wholly in Nevada.
Compliance with Laws
AllCom recognizes that The International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001 ("Act") imposes important new obligations on all financial service firms for the detection, deterrence and reporting of money laundering activities. Under the Act, money laundering is defined as any financial transaction using income derived from criminal activity including, but not limited to, drug trafficking, fraud, illegal gambling and terrorism. AllCom has established policies to ensure thorough compliance with all laws and regulations regarding money laundering and anti-terrorist financing. For more details please read the (AML) ANTI MONEY LAUNDERING AND ANTI-TERRORIST FINANCING POLICY STATEMENT posted on this website.
Incorporation of Tariff
You acknowledge that AllCom's network carriers may provide certain long distance and other telecommunications services to
AllCom for use by you as a part of your Genie Services. You agree that the terms and conditions (excluding rates and charges) of the applicable FCC Tariffs as modified from time to time are incorporated by reference and made a part of this Agreement. You agree to be bound by the terms and conditions of the Carriers' Tariffs with respect to the interexchange services portion of the Service.
Entire Agreement
These Terms, the Genie Services Rules and our Privacy Policy are the entire and exclusive agreement between AllCom and you regarding the Services (excluding any services for which you have a separate agreement with AllCom that is explicitly in
addition or in place of these Terms), and these Terms supersede and replace any prior agreements between AllCom and you
regarding the Services. We may revise these Terms from time to time, the most current version will always be at
www.AllCom.com . If the revision, in our sole discretion, is material we will notify you via an update or e-mail to the
email associated with your account. By continuing to access or use the Services after those revisions become effective,
you agree to be bound by the revised Terms. These Services are operated and provided by AllCom, a Nevada corporation,
4570 South Eastern Avenue Suite 23 - 221, Las Vegas, Nevada 89119.
AllCom's Privacy Policy
This Privacy Policy describes AllCom's policies and procedures on the collection, use and disclosure of your information.
AllCom receives your information through our various web sites, SMS, APIs, services and third-parties ("Services"). When
using any of our Services you consent to the collection, transfer, manipulation, storage, disclosure and other uses of
your information as described in this Privacy Policy. Irrespective of which country that you reside in or create information from, your information may be used by AllCom in the United States or any other country where AllCom operates.
Information Collection and Use
We collect and use your information to provide our Services and improve them over time. Information Collected Upon
Registration: When you create or reconfigure your Genie Services, you provide some personal information, such as your name, password, and email address. Some of this information, for example, your name and Genie Number, may be listed publicly on our Services, including on your profile page and in search results. Some Services, such as search, public user profiles and viewing lists, do not require registration. Additional Information: You may provide us with additional information to make public, such as a short biography, your location, or a picture. You may customize your account with information such as a cell phone number for the delivery of SMS messages or your address book so that we can help you find Genie Subscribers you know. We may use your contact information to send you information about our Services or to market to you. You may unsubscribe from these messages by following the instructions contained within the messages or the instructions on our web site. If you email us, we may keep your message, email address and contact information to respond to your request. Providing the additional information described in this section is entirely optional.
Log Data: Our servers automatically record information ("Log Data") created by your use of the Services. Log Data may include information such as your IP address, browser type, the referring domain, pages visited, and search terms. Other actions, such as interactions with advertisements, may also be included in Log Data. Cookies: Like many websites, we use "cookie" technology to collect additional website usage data and to improve our Services, but we do not require cookies for many parts of our Services such as searching and looking at public user profiles or lists. A cookie is a small data file that is transferred to your computer's hard disk. AllCom may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our Subscribers and web traffic routing on our Services, and to improve our Services.
Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting
cookies or to prompt you before accepting a cookie from the websites you visit.
Third Party Services: AllCom uses a variety of services hosted by third parties to help provide our Services, such as hosting
our various blogs and wikis, and to help us understand the use of our Services, such as Google Analytics. These services may
collect information sent by your browser as part of a web page request, such as cookies or your IP request. Information Sharing and Disclosure :AllCom does not disclose your private information except in the limited circumstances described here. Your Consent:
We may share or disclose your information with your consent, such as when you use a third party web client to access your Genie Services account.
Service Providers: We engage certain trusted third parties to perform functions and provide services to us. We may share your personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to obligations mirroring the protections of this privacy policy. Law and Harm: We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect AllCom's rights or property.
Business Transfers: In the event that AllCom is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this privacy policy will apply to your information as transferred to the new entity.
Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information. Modifying Your Personal Information If you are a registered user of our Services, we provide you with tools to access or modify the
personal information you provided to us and associated with your account.
Our Policy Towards Children
Our Services are not directed to people under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at Service@AllCom.com. We do not knowingly collect personal information from children under 13.
If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account.
Changes to this Policy
We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at www.AllCom.com If we make a change to this policy that, in our sole discretion, is material, we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.
This User Agreement and Privacy Policy is effective as of April 2, 2012.
