SERVICE AGREEMENT TERMS AND CONDITIONS

  1. SCOPE OF AGREEMENT

This Agreement is between OurOldGroup, LLC, doing business as OurOldNumber.com, (OON) and the Subscriber.  The Services (as defined below) that OON provides to Subscriber are subject to the following Terms and Conditions of use (Terms).

OON may amend this Agreement at any time by (a) posting a revised Customer Agreement on the OON Websites, and/or (b) sending information regarding the amendment to the email address you provide to OON.

You are responsible for regularly reviewing the OON websites to obtain timely notice of such amendments.  You shall be deemed to have accepted such amendments by continuing to use the services after such amendments have been posted or information regarding such amendments has been sent to you.  The most current version of the Terms can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our Web pages.

  1. DESCRIPTION OF SERVICES

The OON service provides you with the ability to move your home landline telephone number to the OON service, record a personalized greeting that is played for callers to your home telephone number, route calls made to your home telephone number to up to nine (9) destination numbers, route calls to your home telephone number to a voice mail recording device, have your voice mail recordings forwarded as a WAV file to an email address you provide and allow access to the OON customer portal to review or edit your information. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms.

  1. USE OF SERVICES

The Services are intended for personal use only and commercial use or resale is strictly prohibited.  If, in the judgment of OON, the service is being used for commercial services, is being resold, or is being used in any way prohibited by law or the Terms, OON has the right to immediately, and without notice, terminate the Services.

  1. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the about-us/privacy/Privacy Statement for disclosures relating to the collection and use of your personal information.

  1. DATA PROTECTION, STORAGE OF MESSAGES AND LIMITATION OF LIABILITY

While your account is active, OON will store voicemail messages received through your OON account until you delete such communications. OON shall maintain administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Subscriber information in its possession. Subscriber acknowledges that OON may change its practices and limitations concerning storage of voicemail at any time and that notification of any such changes will be posted on the OON Website. Subscriber further agrees that this feature is provided as a convenience to Subscriber only and OON and its parent(s), or partner(s) have no responsibility or liability whatsoever for the deletion, loss, or failure to store, any messages and/or other communications maintained or transmitted by the Services.

Our Old Group, LLC  doing business as OurOldNumber.com (OON) will use it’s best efforts to insure the successful transfer and implementation of Subcriber’s number(s) and service.  However, if the Subscriber’s account with their existing carrier is inactive or in suspension, OON will not be able to transfer that number and will bear no responsibility to the Subscriber for the potential loss of the number or it’s use.  Further, OON will not be responsible for missed calls due to an outage of it’s or it’s carrier or contractors systems or networks.  OON may offer full or partial refunds of monthly service charges in the event of a system or network failure.  However, liability for loss of service will never exceed the monthly service charges.

  1. CHARGES

Subscriber agrees to pay all charges for Subscribers use of the Services according to the Service Plan and payment option selected by Subscriber and applicable to those Services and in effect for your country of residence. OON reserves the right to access and collect federal, state, municipal, or local sale or other taxes, regulatory fees (including but not limited to Universal Service Fund), or other charges on the Services as it deems appropriate or as required by law.  OON reserves the right to change prices or institute new charges for access to or use of OON Services. All changes will be posted by OON on the OON Website and Subscriber is responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your OON account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

Charges for Services may include activation, number transfer, recurring subscription, directory assistance listing and usage fees. The activation fee and recurring subscription fees are payable in advance.  The activation fee and first month service fee is NON-REFUNDABLE once the order has been completed by OON and service has been activated.  Further, Subscriber understands and agrees that all charges are billed monthly in advance for service in the following thirty (30) day period.   OON WILL NOT refund charges billed and collected if service is canceled or terminated for any reason within the thirty (30) day pre-paid period.  If service is canceled or terminated, billing will cease upon the next monthly service anniversary date (billing date) following OON’s receipt of notification.  If, for any reason, a Subscriber is charged beyond the service anniversary following a cancelation or termination, OON will promptly issue a credit for the amount incorrectly charged.  Note however that any usage charges for overage minutes that come due after service cancelation or termination will still be due and payable.

NOTE: THERE WILL BE NO CHARGE MADE TO THE SUBSCRIBER UNTIL THE ACTIVATION HAS BEEN SUCCESSFULLY COMPLETED.  If, for any reason, the transfer of Subscriber’s home telephone number cannot be completed, there will be no charge to the Subscriber.

Subscribers Service plan includes unlimited* minutes for calls to the Subscriber’s residential telephone number.  Call duration will be calculated in one (1) minute increments and fractional minutes will be rounded to the nearest whole minute.  Usage will be calculated on all calls to the Subscribers number that are completed to the OON switch and answered by the Subscribers greeting.  In the event that OON determines that Subscriber has excessive* usage, Subscriber will be automatically charged per minute usage fees (as detailed in the Service plan description or as updated from time to time and posted on the OON Website) for each minute. Usage charges will be accessed at the end of the Subscribers billing cycle and will appear in the next invoice.  Note that usage charges will be billed in arrears.

Subscriber is responsible for all calls and minutes, even those originating from unintended callers (e.g. wrong number calls).

Payment of your OON account balance is due monthly and will be made by the payment method designated by you and currently on file for your OON account.

Charges will be accessed and paid on a monthly basis in the currency billed. Failure to pay the charges is a material breach of this Agreement and grounds for termination by OON. If the payment method for your OON account is by credit card and payment is not received by OON from the card issuer or its agents, you agree to pay all amounts due upon demand by OON. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that OON is authorized to charge your designated card. Your credit or charge card issuer’s agreement governs your use of your designated card in connection with OON, and you must refer to such agreement with respect to your rights and liabilities as a cardholder. You agree that OON may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that OON may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.

Subscriber agrees that OON may submit charges for your usage fees and recurring subscription fee each month, without further authorization from you, until you provide notification  (in accordance with the OON verification procedures, as may be established by OON from time to time in its sole discretion) that you have terminated this authorization or wish to change your payment method by executing the appropriate changes to the payment method on record in the account section of the Subscribers account management portal. Such notice will not affect charges submitted before OON reasonably could act on your notice. If you have any questions regarding any charges that have been applied to your account, you must contact OON Customer Support within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by OON in accordance with this Agreement.

If the Subscriber registers under a 30 Day Free Trial, the Subscriber will not be charged until the the next billing cycle following the end of the 30 Day Free Trial period.  The 30 Day Free Trial period will commence on the date their service becomes active.  If the Subscriber does not wish to continue service beyond the 30 Day Free Trial period, it is their responsibility to insure that their telephone number has been removed from the OON network prior to the end of the 30 Day Free Trial period.  If the Subscriber’s telephone number remains on the OON network for ANY period of time following the end of the 30 Day Free Trial period, Subscriber will be charged for and agrees to pay the activation fee and one month of service.

  1. MEMBER ACCOUNT, PASSWORD, AND SECURITY

OON Services requires you to open an account. You must complete the sign-up process by providing us with current, complete and accurate information as prompted by the applicable registration form. You agree to promptly update your account information via the account management portal found at http//www.ouroldnumber.com. with any changes to this information, as required to keep it current, complete and accurate. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur by all users associated with your account.

You agree to notify OON immediately of any unauthorized use of your account or any other breach of security. OON will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by OON or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

  1. USE OF SERVICES / CUSTOMER RESPONSIBILITIES

Subscriber represents and warrants that they are at least 18 years of age or, as applicable, the age of majority in the state in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

Subscriber must (a) obtain and pay for all equipment and third-party services (e.g., wireless, internet and computer equipment) required for you to access and use the Services; (b) maintain the security of your password, PIN number and other confidential information relating to your account and; (c) be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying OON of such use and taking steps to prevent its further occurrence.

Images hosted by OON on OON controlled equipment may only be used in connection with the Services and for no other purpose whatsoever. To the extent you use images provided by OON, OON hereby grants to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use of the Services.

  1. NO UNLAWFUL OR PROHIBITED USE

As a condition of Subscribers use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms and any subsequent changes or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any OON equipment or the network(s) connected to any OON server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any OON equipment or to any of the Services, through hacking, password mining or any other means. You will not use or register the name OurOldNumber.com or any other trade name or trademark of OurOldGroup, LLC without express, prior permission and you will not obstruct the identification procedures used by OON in the Services.

Subscriber represents that the information submitted for transmission via the OON network for the Services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, provincial, state, national or other law. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do-Not-Call provisions, faxing, telemarketing, email marketing, anti-spam, anti-phishing, data privacy, international communications, and export of technical or personal data.

Subscriber is fully responsible for the content of Subscribers transmissions through the Services and agree that OON is not the author or publisher of any content and OON does not rent or sell lists of any kind. OON simply acts as a passive conduit for you to receive information of your own choosing.

In accordance with its Prohibited Use Policy OON prohibits the use of the Services or Websites by any person or entity that encourages, promotes, provides, sells or offers to sell products or content relating to illegal or fraudulent activities (or services related to the same): including, but not limited to, illegal drugs; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons; material that exploits children, encourages violence, spam, obscenity/sexually explicit, and similar activities. This is not an exhaustive list, and OON, in its sole discretion, may determine whether your use is prohibited and its determination shall be final, binding and conclusive for all purposes under this Agreement. OON will terminate your use of its Services if OON determines such prohibited content or use is in violation of this Agreement. Any information stored on the OON equipment that is deemed to be unlawful or in contravention of this Agreement or legal and regulatory requirements may be deleted at any time by OON without notice. OON reserves the right to remove any image which contravenes this Agreement without notice to you.

OON reserves the right at all times to disclose any information as OON deems necessary to satisfy any applicable law, regulation, legal process or governmental request. OON reserves the right but is not obligated to review the content of any of your messages for compliance with these Terms and other legal requirements upon receipt of a complaint. OON further reserves the right to take any other action with respect to the Services that OON deems necessary or appropriate, in its sole discretion, if OON believes you or your information may create liability for OON or others, compromise or disrupt the Services for you or other Customers, or cause OON to lose (in whole or in part) the services of OON suppliers.

Subscriber agrees to indemnify and hold OON (and its Parents or Affiliates) and its agents, business associates, and suppliers (collectively, Suppliers) harmless from any and all direct, indirect or consequential claims, losses, damages, judgments, expenses and costs (including, but not limited to, any attorney’s fees and expenses) arising out of your use of the Services, your violation of the Terms, and the delivery of any of your messages and documents using the Services, or the infringement of any trademark or copyright by you.

  1. OWNERSHIP

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by OON or it’s Parents except where expressly stated otherwise.

Subscriber understands and agrees that Subscriber is the owner of any home telephone number Subscriber transfers to the OON Service.  However, if Subscriber should request and receive a new number from OON ownership of the new number will remain with OON and Subscriber is not the owner of any OON telephone number (OON Number) assigned to you by OON. Ownership of any such OON Number is vested solely in OON(which will assign such number to you for your use during the term of this Agreement). You understand and agree that following the termination of your OON account for any reason, such OON Number may be re-assigned immediately (although there is typically a transition period) to another customer, and you agree that neither OON nor its Affiliates will be liable for damages (including consequential or special damages) arising out of any such re-assignment, and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if OON or any of its Affiliates have been advised of the possibility of damages.

If Subscriber transferred or “ported in” any telephone number(s) belonging to Subscriber in connection with your use of services, you may transfer or “port out” such number(s) in connection with terminating your account if, and only if, you satisfy the following requirements: (a) your new telephone carrier provides the company’s telephone carrier a duly executed porting request prior to the customer’s termination of the OON service; (b) you have paid the company for all services provided to you prior to the date of service termination with OON (this shall include any service charges incurred during the porting process), (c) you follow the appropriate porting procedures as OON shall establish from time to time at its sole discretion. Contact OON Customer Support for details on porting requests.

You further understand and agree that OON may, from time to time, need to change the OON Number assigned to you (whether due to an area code split or any other reason whether outside or within OON control). You agree that OON will not be liable for damages (including consequential or special damages) arising out of any such change in the OON Number assigned to you, and you hereby waive any claims with respect to any such change, whether based in contract, tort or other grounds, even if OON or any of its Affiliates or Suppliers have been advised of the possibility of damages.

Subscriber acknowledges and agrees that OON, as owner of all OON Numbers, has any and all rights to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited faxes including, but not limited to, claims under the Telephone Consumer Protection Act of 1991, the Telecommunications Act, the Unsolicited Telecommunications Rules, PIPEDA, and the Telephone Consumer Protection Act of 1991 and, to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to OON.

In particular, Subscriber agrees that Subscriber is not authorized to charge services provided to you or at your request to the OON Number assigned to you by OON and that you will not request or otherwise cause any third-party service provider to charge any such services to such number. You are responsible for any such charges, and any such charges will give OON the right to immediately terminate your OON account without notice.

  1. UNSOLICITED MARKETING

Subscriber acknowledges that receipt of unsolicited faxes can impair your use of our Services. Accordingly, OON may develop means to prevent the distribution and receipt of unsolicited fax advertisements to our customers. At OON sole option and without further notice, OON may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them.

If Subscriber believes that they are in receipt of an unsolicited fax advertisement, please determine if the fax contains a telephone number, fax number, or other contact information to “unsubscribe” from receipt of additional junk faxes, and please “unsubscribe” based on the information provided.

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The services are provided “AS IS” and there are no warranties, representations or conditions of any kind, express or implied, written or oral, arising by statute, operation of law, course of dealing, and usage of trade or otherwise with respect to the services or any other product, documentation or service provided hereunder or in connection herewith. OON further expressly disclaims guarantee of continued availability of the services or any implied warranty or condition of merchantability, satisfactory quality, durability or fitness for a particular purpose, title or non-infringement. No representation or other affirmation of fact including, but not limited to, marketing literature or collateral or statements regarding performance of the services by OON which is not contained in this section shall be considered to be a warranty or representation, and should not be relied upon and is not binding upon OON.

OON nor any of its affiliates or suppliers shall be held responsible in any way or by any means, either directly or indirectly, for any communications or other difficulties outside of OON or any such affiliates’ or suppliers’ control which could lead to any delay, interruption or misdirection of fax, voice or data delivery service to the customer’s email address, pager, telephone or any other receiving devices or third-party phone or fax machines, data storage and/or delivery services.

The aggregate liability of OON, its affiliates or suppliers, whether in contract (including fundamental breach or failure of an essential purpose), tort (including negligence), misrepresentation or otherwise in respect of a single occurrence or a series of occurrences shall in no circumstances exceed the amounts paid by Subscriber to OON with respect to the services giving rise to the claim. In no event shall OON, its affiliates or suppliers or affiliates of any of them be liable to customer or any third party for any punitive, indirect, incidental, special or consequential damages or for any failure to realize expected savings, loss of business, loss of revenues or profits, loss of data or any other commercial or economic loss (including, but not limited to, loss of data resulting from delays, non-deliveries, wrong deliveries, service interruptions, performance or failure of the internet or OON internet service provider, or deletion or failure to save deliveries, even if OON has been advised of the possibility of such damages or they are foreseeable.

In the event applicable law does not permit such exclusions to be completely disclaimed, these exclusions shall be interpreted as necessary to give OON the full benefit of any disclaimer or limitation as permitted by applicable law.

  1. TERMINATION OR SUSPENSION

Subscriber may terminate their OON Service at any time, with or without cause, upon notice. In order for you to give termination notice to OON, you must select the Cancellation link provided in the change plan subsection of the account section of the account management portal found at htpp://ouroldnumber.com.  Note that the Service is paid for in advance for a period of 30 days.  Upon termination, regardless of the amount of pre-paid Service remaining, OON will provide no refund or proration of your monthly service and usage charges.  The act of transferring a phone number to another service provider does not constitute the cancellation of services, and you acknowledge that it is your responsibility to proactively cancel your OON service. You will have access to your OON Services and account management portal until your paid monthly subscription expires on the next billing date when your account will be canceled per Subscribers submitted request.

In addition, OON reserves the right to suspend or terminate your service without notice upon rejection of any credit card or bank account charge or if your card issuer or bank (or its agent or affiliate) seeks return of payments previously made to OON when OON believes you are liable for the charge.  If the Service is suspended for non-payment, OON may assess a fee of nine dollars and ninety-five cents ($9.95) as a service restoration fee to restore Service that has been suspended or temporarily disconnected.  There will be a thirty (30) day restoration period during which time the Service may be reestablished by paying the service restoration fee.  If the account remains unpaid after thirty (30) days, the Subscribers account will be scheduled for termination.  If the account remains unpaid for sixty (60) days, the account will be terminated, the Subscribers number will be abandoned or, if an OON Number, returned to inventory.

After the initial restoration period, OON will retain your number for an additional thirty (30) days.  During these thirty (30) days, and for a period not to exceed a total of sixty (60) days from the original date of cancellation, you may sign up for a new OON account with the same number after paying the Service Activation Fee then in effect.

Such rights are in addition to and not in lieu of any other legal rights or remedies available to OON. OON also reserves the right to take any action with respect to the Services that it deems necessary or appropriate in its sole discretion if we believe you or your usage may create liability for OON, compromise or disrupt the Services for you or others or cause OON to lose (in whole or in part) the services of OON suppliers.

OON shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. OON shall have no obligation to maintain any messages or other content in your account or forward any unread messages to you or any third party.

Any termination of Subscriber’s account shall not relieve

Subscriber from responsibility for any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.

*Unlimited/Excessive usage.  OON reserves the exclusive right to determine the definition of unlimited or excessive usage.  The Service is designed for usage by residential customers.  As such, any usage beyond what would be normal for residential landline service may be determined to be excessive.  If OON determines that usage is excessive, it may charge Subscriber and Subscriber agrees to pay for any minutes in excess of 1000 minutes of use in any 30 day period.  Further, if Subscriber is deemed to be using the service for other than normal residential service, it may immediately suspend service and provide notice to the Subscriber to remove their telephone number from OON’s network.

  1. JURISDICTION AND GOVERNING LAW

Subscriber agrees that this Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, and you hereby consent and agree to the jurisdiction of such state and agree that all disputes shall be tried in the city of Bemidji, Minnesota.

  1. SURVIVAL

Any exclusion or limitation of OON liability specified in this Agreement shall survive the expiration or termination of this Agreement for any reason.