AGREEMENT BETWEEN USER AND NUMHUB:
PURSUANT TO THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT ("COPPA") ADMINISTERED BY THE U.S. FEDERAL TRADE COMMISSION, THE SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF THIRTEEN (13). IF YOU ARE 13 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AFFIRM THAT YOU ARE EITHER OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT.
2. Emergency Services
YOU ACKNOWLEDGE AND AGREE THAT THE CALL MANAGEMENT SERVICES AVAILABLE UNDER THIS AGREEMENT DO NOT PROVIDE EMERGENCY 911 CALLING OR TEXTING SERVICES.
Use of the Service will permit Customer to port to NumHub an unlimited number of telephone number(s) or, obtain telephone number(s) directly from NumHub and either (i) cause any inbound call to such number(s) to forward to any other number that you control, (ii) initiate an outbound call from a telephone number that Customer obtains (or port to NumHub); (iii) display a number that Customer obtains (or port to NumHub) on an outbound call initiated from any other number that Customer controls, (iv) play for the caller to such number a recorded response; If NumHub at any time permits Customer to set the displayed name (the "Displayed Name" or "CNAM") associated with any telephone number(s), Customer is fully and exclusively responsible for the accuracy of the Displayed Name, which will be a fair and accurate representation of Customer's identity.
4. Rates and Billing
Rates and fees for NumHub Services are available at the NumHub website ("Website") and those rates and fees are fully incorporated by reference herein. Service fees are in addition to usage fees and represent charges for on-line enhanced data services. (Read the Website's FAQ's and descriptions for other important information on the Services.) The rates and charges may be changed at any time without notice and it is the Customer's responsibility to check for any changes to the listed rates on the Website. NumHub may post notices of any rate changes on the Customer's invoices or on the account login page.
Customer is responsible for and shall be billed for all toll free and/or local number calls made to NumHub, including but not limited to, wrong numbers, telemarketing, and fraud calls. All charges for Services shall be debited to the credit card provided by Customer. If the credit card payment is denied, or if the account is otherwise past due, Services may be disabled immediately and terminated if the payment is not made within five (5) days of the due date, or the date upon which the credit card charge was attempted. Processing charges will apply if a payment is declined, and Customer shall be charged Thirty and No/100 Dollars ($30) per each declined credit card transaction. NumHub shall not be liable for any accounts suspended or terminated for non-payment. Any dispute or billing discrepancy must be submitted in writing via an email to NumHub within sixty (60) days of the date of the disputed invoice. Customer agrees to pay interest at eighteen percent (18%) per annum, or the maximum amount permitted by law, on any overdue charges, plus reasonable collection costs, including attorney fees.
Services will be rendered subject to credit card approval by NumHub. Customer's application for Services, via the Internet, by fax or mail, or by Customer's use of NumHub Services attests to Customer's consent to the terms and conditions of the Agreement and to timely pay invoices in accordance with the Terms.
5. Number Portability
Toll-free numbers may be ported by Customer to another carrier subject to the charges set forth on the Website. The number transfer fee is the fee in exchange for NumHub's team receiving, reviewing, and processing the port transfer request to another carrier. The number may not be available to port if it has been released to the SMS pool or re-assigned to a new customer. It is the Customer's responsibility to port the toll-free number(s) prior to account cancellation. Numbers requested to be transferred by NumHub, but not moved within forty-five (45) days after purchase, will be charged a Two and 99/100 Dollars ($2.99) per month Park and Protect fee, per each number, until the number is successfully migrated to another carrier. Certain vanity, featured, and premium numbers (marked on the Website) are not portable and do not become the property of Customer. There is a Four and No/100 Dollars ($4.00) setup fee to port toll-free numbers into NumHub.
NumHub has no control over the content of the information transmitted through its accounts. NumHub does not: (i) represent or endorse the accuracy or reliability of any opinion, advice or statement made through a NumHub account; (ii) assume any liability for any harassing, offensive, or obscene material distributed or received through a NumHub account; or (iii) assume any liability for any material distributed through a NumHub account which is distributed in violation of any third party's copyright or other intellectual property right. Customer shall be solely liable for all of their transmissions through the Services.
7. Use of Services
Effective upon acceptance of this Agreement, NumHub hereby grants to Customer a personal, revocable, non-exclusive, non-transferable, license to access and use the Services. Customer will have no right to sell, resell, reproduce, duplicate, copy, distribute, create derivative works, or exploit for commercial purposes, any portion of the Services, access to the Services, or use of the Services, nor will Customer make any claim to have such right. Unless explicitly stated otherwise, any new features provided by NumHub that augment or enhance the current Services shall also constitute "Services" and shall be subject to the terms and conditions of this Agreement.
Customer agrees to comply with all applicable laws, regulations, or conventions, including but not limited to, those related to data privacy, international communications, exportation of technical or personal data, junk fax, and Do Not Call regulations.
As a condition of Customer's acceptance of the Services, Customer is expressly prohibited from and agrees not to do the following:
• Use the Services to transmit any unlawful, harmful, threatening, harassing, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including but not limited to, encouraging conduct that would constitute a criminal offense, infringing upon third party rights, giving rise to civil liability, or otherwise violating any local, state, national or other law;
• 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 such right by the holder;
• Use the Services in any way that would interfere with or impact NumHub's network or services to other customers;
• Use the Services in connection with chain letters, junk email, voice mail, faxes, spamming or any duplicative or unsolicited messages (commercial or otherwise);
• Harvest or otherwise collect information about others, including email addresses, without their consent;
• Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
• Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
• Attempt to gain unauthorized access to the Services, other accounts, or computer systems or networks connected to the Services through password mining or any other means.
• SIP trunking or forwarding Your NumHub number to (an)other phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
• Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail, SMS or faxes simultaneously).
• Bulk call-in lines (e.g., customer support or sales call centers, "hotlines", 900 numbers, sports-line numbers, etc.).
• Auto-dialing or "predictive" dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).
The following are express limitation and restrictions on the use of the Services:
• Services May only be used for normal personal/business use.
• Services are provided only for dialog between two individuals at one time per line.
• Services expressly exclude international calling.
• Services are issued on a "one (1) user per line basis", meaning that only one registered user may be assigned to use the Services for any one line.
NumHub reserves the right to suspend and/or terminate accounts for excessive busy/failure rates if Customer's use of the Services adversely impacts NumHub's network or other customers, or if Customer uses the Services in any unlawful, fraudulent, or harassing manner. Further, NumHub reserves the right to terminate, suspend, and/or refuse the Services to any Customer that NumHub finds objectionable or abusive to NumHub's staff. NumHub will not disclose customer information to third parties unless it has a good faith belief that such disclosure is necessary to comply with a court order, search warrant, Federal Communications Commission ("FCC") regulations, or other legal process served upon NumHub. It is the responsibility of the Customer to check the NumHub number(s) to make sure the number(s) are properly assigned to the Customer's account, route to the proper ring-to number(s), and are working before advertising such number(s).
8. Proprietary Rights
You acknowledge and agree that all right, title, and interest in the Services, including all copyrights, patents, trademarks, trade secrets and other intellectual property rights, and all technology used in connection with or provided as part of the Services, are, and will remain, without limitation, the property of NumHub. Neither you, nor any third parties you give permission to, may copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble, or reverse engineer the Services for any purpose whatsoever. Additionally, you may not allow any third party to access the Services for any purpose whatsoever, or grant any sublicense, lease, or other right in the Services to any third parties. Any copyright notices and other proprietary notifications shall not be removed from the Services, and no right to use any of NumHub's trademarks are granted under this Agreement
9. Account Registration
Customer agrees to provide true, accurate, current, and complete data to NumHub upon signing up for the Services and at subsequent times as requested by NumHub.
If Customer provides data that is, or that NumHub suspects to be, false, inaccurate, not current, or incomplete, NumHub may suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. Customer registration data will not be provided to third parties, unless required by law, or in the event Customer grants NumHub the right to provide such information.
Customer shall be solely responsible for maintaining the confidentiality of Customer's password and personal identification number ("PIN"), and will be responsible for all transactions and activities that occur as a result of Customer's disclosure of such password and/or PIN, whether or not such transactions and/or activities were authorized by Customer. Customer will not give account information to third parties and will at all times be responsible and liable for any transactions or activities that occur on Customer's account.
10. Cancelation and Termination
Customer may cancel the Services at any time; however, there is a port transfer fee to port any NumHub toll-free or local number that has been in service. This fee will be determined upon cancellation and will apply only if Customer requests to port a NumHub number to another carrier. There is no fee(s) if Customer does not request to port the number(s), or if Customer originally ported the number to NumHub. Customer may cancel the Services by contacting email@example.com and requesting a cancellation in writing. If there are any issues, Customer may call NumHub customer support at 844-4-NUMHUB for assistance. Cancelation requests must be submitted by an authorized Customer representative.
NumHub may, in its sole discretion, restrict, suspend, terminate or modify Customer's Services with or without notice. NumHub may, without refund, at its sole discretion, terminate or suspend the Services under this Agreement, effective immediately, due to Customer's violation of any state or federal laws, regulations, or statutory codes, Customer's falsification of personal or company information, including, but not limited to, name, email address, mailing address, phone number, etc., or for any material breach by Customer of any terms of this Agreement.
Upon termination, NumHub may immediately deactivate or delete the Customer's account and all related information and files in Customer's account, reassign any telephone numbers associated with the account, and/or bar any further access to such files, information, or the Services in general. NumHub shall not be liable to Customer or any third party for any reason for terminating this Agreement or Customer's access to Services, or for modifying this Agreement and/or the Services. Any Customer violation of law may also be reported to appropriate law enforcement agencies. Customer shall be responsible under this provision for any balance due on the account at the time of termination. Final invoices shall be charged in full in accordance with the billing cycle for any usage during such billing term.
11. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. NUMHUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE.
NUMHUB MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT ANY DEFECTS IN THE SERVICES SHALL BE CORRECTED.
NUMHUB DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES, OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE ACQUIRED AT YOUR SOLE RISK AND DISCRETION, AND NUMHUB WILL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NUMHUB, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
12. Limitation of Liability
AS A MATERIAL INDUCEMENT FOR NUMHUB TO PROVIDE THE SERVICES, YOU AGREE THAT IN NO EVENT SHALL NUMHUB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILIITY TO USE THE SERVICES PROVIDED BY NUMHUB, INCLUDING BUT NOT LIMITED TO, NUMHUB ACTING AS A RESPONSIBLE ORGANIZATION, ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION, INTERRUPTION OF SERVICES, OUTAGES, INABILITY TO USE SERVICES, LOST RECORDINGS/VOICEMAILS/FAXES, OR WHERE CUSTOMER IS PROVIDED WITH A NUMBER(S) OTHER THAN ONE(S) COMMITTED BY NUMHUB, EVEN IF NUMHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM LIABILITY OF NUMHUB, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS, TO YOU FOR DAMAGES ARISING OUT OF OR RELATING TO ANY LEGAL CLAIMS OR CAUSES OF ACTION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE ACTUAL FEES YOU PAID NUMHUB FOR THE SERVICES.
You shall indemnify, defend and hold harmless NumHub and its officers, directors, shareholders, managers, members, employees, and agents ("Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your breach of this Agreement; (ii) your violation of law; (iii) any damages resulting from your negligent acts, omissions, or willful misconduct; (iv) your access to or use of any third party content; (v) or your violation of the rights of a third party. You will promptly notify NumHub in writing of any third-party claim arising out of or in connection with your access to or use of the Services. These obligations will survive the termination of the Agreement.
14. International Use
NumHub makes no representation that the materials on its Website(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Customer agrees to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which Customer resides.
15. Modification of Services
During the term of the Agreement, NumHub may modify or discontinue the Services at any time and with or without notice to Customer. Without limiting the generality of the foregoing, NumHub may, from time to time, with or without notice and at its sole discretion, establish or change various practices, limitations, and restrictions for administering such Services, including, without limitation:
• How often all or a part of the Services or account may be accessed;
• The duration of any access;
• The maximum number of days that messages or postings will be retained;
• The maximum number of messages or postings allowed;
• The size and nature of messages and postings;
• The maximum storage space available for an account; and
• Any other matter related to the administration of the Services.
Customer agrees that NumHub shall not be responsible or liable in any way for deactivation or deletion of accounts, or for loss of emails, voice mails, communications, postings, or any data or information as a result of, or arising out of, administration of the Services, regardless of whether Customer is given prior notice thereof.
As determined by NumHub in its sole discretion, NumHub may: (i) delete accounts that are inactive for an extended period of time; and (ii) delete pending accounts that have not yet been validated by Customer after a period of time. NumHub shall not be liable to the Customer or any third party for any reason for NumHub modifying or terminating the Services, in whole or in part. Customer is responsible for creating a back-up copy of any important or critical information that is stored on or in connection with the Services. NumHub shall not be responsible or liable in any way for any information or data loss in connection with the Services.
16. Modification of Terms
NumHub reserves the right to unilaterally change, amend, modify, suspend, or discontinue any aspect of these Terms by posting revised terms and conditions of the Agreement to its Website. Use of the Services signifies Customer's agreement to all terms, conditions, and notices contained or referenced herein, including any changed, amended or modified terms and conditions. Continued use of any part of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes, and all changes will thereupon become binding upon the Customer. If Customer does not agree to the changes, Customer shall be responsible for immediately ceasing all further use of the Services.
17. Number Warehousing
NumHub does not warehouse or hoard telephone numbers as such terms are defined by the FCC. Our search results include phone numbers that are aggregated from multiple sources and then grouped using our proprietary search methods. In general, NumHub does not own, nor hold any title to, listed telephone numbers until a bonafide Customer establishes Services through our Website. Activation or setup fees are not to be construed as the price to purchase a phone number; these fees cover the development and operational costs of our search engine Services, as well as costs associated with establishment of our Services through underlying carriers and vendors.
There is a rare possibility that inventory reported herein may not be available due to database timing or other factors. Because availability is not guaranteed, you should make no assumptions about numbers that you order until we have notified you that your order is complete, and until you have placed a test call to verify operation of your new numbers. Our liability for unavailable numbers is solely limited to the cost paid for the number.
Once a number is provisioned and operating properly, it becomes part of your NumHub Services, and may be used, ported away, or canceled, subject to the terms and conditions of the Agreement. As part of our commitment to control fraud, newly provisioned numbers may not be portable during the first fourty five (45) days. Telephone numbers that you cancel, or that are suspended due to non-payment, may be re-listed on our search engine, or returned to the available pool of numbers, at our sole discretion.
18. Entire Agreement
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between NumHub and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between NumHub and you in relation to the access to and use of the Services.
NumHub partners with registered carriers to terminate calls to the Public Switched Telephone Network ("PSTN") and will audibly identify such carriers as the carrier providing such services where required by local or federal regulations.
20. No Partnership
No joint venture, partnership, employment, or agency relationship exists between you and NumHub as a result of these Terms or your use of the Services.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
The provisions of this Agreement relating to intellectual property ownership, restrictions on use or disclosure of Services, disclaimers of warranties, limitations of liability, and indemnification will survive termination or expiration of this Agreement.
23. No Waiver
NumHub's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either Party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
24. Force Majeure
In the event that either Party's performance is delayed, prevented, or inhibited because of any Act of God, fire, casualty, delay or disruption in transportation, flood, war, strike, lockout, epidemic, destruction or shut-down of facilities, shortage or curtailment, riot, insurrection, governmental acts or directives, or any cause beyond such party's reasonable control, the party's performance shall be excused until such time as performance can be reasonably resumed or commenced. The occurrence of such an event will not constitute grounds for a declaration of default by either party hereunder.
Customer will not transfer or assign this Agreement or Customer's rights under this Agreement. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the Parties, their successors, permitted assigns, and legal representatives.
26. California Customers
Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
27. Dispute Resolution; Binding Arbitration; Attorney Fees
Any controversy, dispute, or claim arising out of or related to these Terms and the Customer's Services that cannot be resolved by NumHub and Customer shall be settled by binding arbitration administrated by the American Arbitration Association ("AAA") or by an agreed-to third party, under the AAA's Commercial Arbitration Rules. The place of arbitration shall be Bend, Oregon and the laws of the state of Oregon will apply. Judgment on the dispute rendered by the arbitrator may be entered into any Oregon state or federal court having jurisdiction thereof. Customer irrevocably waives any right that Customer may have to assert that such forum is not convenient or that any such aforementioned court lacks jurisdiction. Further, NumHub may, at its sole option, bring a collection suit against Customer for any unpaid amount owed by Customer, in the courts of any state that has personal jurisdiction over Customer. Customer acknowledges and agrees that any breach of the provisions of Section 7 of this Agreement may cause NumHub irreparable harm and NumHub may obtain injunctive relief and seek all other remedies available to NumHub in law or equity. The prevailing party in any legal proceeding brought under the Agreement or with respect to the Services may recover from the non-prevailing party all costs of such proceeding as well as reasonable attorney fees.
If you have any questions about these Terms, please email us at firstname.lastname@example.org
Terms and Conditions of Service Last Updated:
January 3rd, 2019