Terms and conditions

Last updated: June 16, 2024


TERMS AND CONDITIONS
Welcome to Hostcomm! These Terms and Conditions (“Terms”) govern your use of the Hostcomm cloud contact center platform , its associated plug-ins and its services (the “Website/Application”), operated by Hostcomm LLC (“Hostcomm”, “we”, “us”, or “our”). By accessing or using the App, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must discontinue using the Application immediately.
PLEASE READ THIS DOCUMENT AND THE PRIVACY POLICY CAREFULLY BEFORE CONTINUING TO USE THIS PLATFORM. These Terms and Conditions (“Terms”) together with Privacy Policy and Cookie Policy govern the access and use of services made available through www.hostcomm.net (“Website”) and the related cloud contact center platform  (Collectively the “Hostcomm” Platform).Hostcomm reserves the right at its sole discretion to change, modify, or amend these Terms without any notice or liability to you. The changes to these terms shall be effective immediately after posting such changes. Your continued use of the Platform following such modifications will be conclusively deemed acceptance of any changes to these terms and conditions. The evaluation provided under this Platform is not to be used commercially but it shall be restricted to personal use only.For the purpose of these Terms, Privacy Policy, and Cookie Policy, wherever the context so requires, “You”, “Your”, “Yourself”, “User”, “Visitor”, “Customer” shall mean and refer to natural and legal individuals who shall be users of this website either as consumers or business person and “Third Parties” refer to any other website or platform not in a business relationship with Hostcomm.

BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL CAPACITY AND AUTHORITY TO AGREE TO AND BIND YOURSELF TO THESE TERMS. IF YOU HAVE ANY QUERIES ABOUT THESE TERMS, PLEASE CONTACT HOSTCOMM at service@hostcomm.net.

THESE TERMS AND CONDITIONS APPLY TO USERS IN THE UNITED STATES OF AMERICA.


1. GENERAL TERMS
1.1. The section headings within these Terms are solely for organizational purposes, designed to help you navigate the various provisions in an orderly manner. These headings shall not be used to interpret the provisions themselves nor carry any legal or contractual weight.
1.2. You expressly agree that these Terms and the Privacy Policy are co-terminus. The termination or expiry of either one will result in the automatic termination of the other.
1.3. By using the Hostcomm Website, you enter into a legally binding agreement with Hostcomm LLC. By accessing and utilizing the Website, you acknowledge that this relationship constitutes a legally binding contract from the moment you start using the Website, and you agree to be bound by these Terms. You further acknowledge that no signature or explicit agreement is necessary for these Terms and the Privacy Policy to be enforceable against you, and your usage of any portion of the Website serves as your complete acceptance of these Terms and the Privacy Policy.
2. DEFINITIONS
These definitions and rules of interpretation apply in this Agreement.
2.1. Agreement: The Quotation, the Service Order Form, these Terms and Conditions, the Special Terms (if any) and the Proposal.
2.2. Business Day: Any day (other than a Saturday or Sunday) when banks are generally open for normal business in the United States of America.
2.3. Customer: The name of the organisation specified on the Quotation.
2.4. Equipment: Any equipment to be purchased by the Customer from Hostcomm listed in the Quotation.
2.5. Fees: The charges in respect of the Services, together with any charges arising from any agreed further services.
2.6. Term of Service: The term of service as set out in the Service Order Form.
2.7. Quotation: Hostcomm's quotation to the Customer.
2.8. Router(s): Internet router, firewall or combined unit.
2.9. Services: the services to be provided by Hostcomm pursuant to this Agreement listed in the Quotation or subsequently agreed in writing.
2.10. Service Order Form: Hostcomm's order form as supplied to the Customer.
2.11. Software: Any software supplied as part of the Services.
3. PLATFORM PURPOSE
Hostcomm provides a comprehensive digital platform for businesses seeking advanced communication and customer engagement solutions. The platform specializes in cloud contact centers , predictive dialers, AI-powered customer support tools, remote visual assistance  and secure payment technologies. Designed to improve operational efficiency, Hostcomm enables businesses to deliver exceptional customer experiences while adhering to stringent data security and compliance requirements. By leveraging state-of-the-art performance monitoring, AWS-powered infrastructure, and dedicated USA-based technical support, Hostcomm empowers organizations to optimize interactions, drive growth, and remain competitive in an evolving technological landscape.
4. PLATFORM FUNCTIONALITY Hostcomm offers a versatile platform with a range of functionalities designed to streamline and enhance business communication and customer interaction processes. Key features include:
4.1. Cloud contact centers: Reliable, high-performance voice, email and chat communication platform with advanced call management features.
4.2. Predictive Dialers: Efficient outbound calling systems that optimize agent productivity.
4.3. AI-Driven Tools: Intelligent chatbots and virtual agents  to improve customer engagement and automate responses.
4.4. Secure Payment Solutions: Integrated tools for secure and compliant payment processing.
4.5. Performance Monitoring and Analytics: Tools for tracking and improving communication performance.

HOSTCOMM’S FUNCTIONALITIES AND FEATURES DESCRIBED ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
5. USE OF HOSTCOMM SERVICES
The Customer shall use Hostcomm Services in accordance with the guidelines, manuals or instructions provided by Hostcomm from time to time. The Customer acknowledges that all Customer premises data and voice network infrastructure, LAN, and IP voice equipment including but not limited to Routers, switches, firewalls, Internet Connections, cable plant, analogue converters, analogue telephone adaptors, modems, fax machines, IVR devices, CTI devices, IP phones, IP soft phones, servers and personal computers ("Customer Network") is the responsibility of the Customer. Hostcomm shall provide the Customer IT point of contact or Customer vendor IT point of contact with customer network IP voice minimum system, compatibility and LAN configuration documentation outlining IP voice best practices. The Customer acknowledges that Hostcomm is not responsible for any ongoing support and maintenance of the Customer Network. A Customer Network that supports and is compatible with Hostcomm Services requires a network infrastructure that consists of: SIP VOIP compatible Router and a 10/100/1000 LAN switch configured in accordance with Hostcomm guidelines. CPU utilization of Routers must not exceed 50%. CPU utilization of LAN switch must not exceed 30%. Customer Network configuration must include a VLAN for voice and a VLAN for data or a physical separation within the cabling. Personal computers for use with Hostcomm desktop applications must be dual core CPU processors and 2 Gb RAM or higher. PC operation system must be Windows 7 or later. Hostcomm reserves the right to terminate, suspend and or charge the Customer for above normal business, non-business excessive or abusive use of Hostcomm network facilities. Unauthorized telemarketing, SPAM, mass marketing via email or other actions that are deemed excessive or unacceptable will be a violation of acceptable use of the Services and subject to immediate termination of Service, suspension of Service or additional charges for each violation as determined and notified in writing to the Customer by Hostcomm.
5.1. Firewall: The Customer shall inform Hostcomm of the make, model and software version of their Router prior to the Services being implemented. Hostcomm must be made aware of any proposed major changes to the Router configuration or change of Router model in writing seven (7) days prior to such changes being implemented. If the quality of Hostcomm Services are detrimentally affected by the Customer failing to notify Hostcomm of said changes or through use of an inferior Router to that used at the Effective Date: (i) this will not be grounds for early termination by the Customer; (ii) Hostcomm will only be obliged to use reasonable endeavours to meet the service levels. Federal Compliance Commission (FCC) Compliance: The Customer represents and warrants that its use of Hostcomm Services will comply with all applicable rules, regulations, and orders of the Federal Communications Commission (FCC), including but not limited to:(i) The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and its implementing regulations, 47 C.F.R. Part 64, including restrictions on autodialed calls, prerecorded messages, and calls to mobile phones and other wireless devices.(ii) The Communications Act of 1934, as amended, and its implementing regulations, including rules related to interconnection, access, and universal service.(iii) Rules regarding Emergency 911 (E911) service, including requirements for location information and call routing.(iv) Customer Proprietary Network Information (CPNI) rules, protecting the privacy of customer information.(v) Truth-in-Billing and other consumer protection rules.Specifically, the Customer agrees to:(vi) Obtain all necessary consents for calls to mobile phones and other wireless devices, as required by the TCPA.(vii) (ii) Comply with all applicable "Do Not Call" registry requirements, as detailed in clause 5.8 of this Agreement.(viii) Provide accurate and timely E911 location information for all end-users.(ix) Protect the confidentiality of CPNI and comply with all CPNI rules.The Customer shall indemnify, defend, and hold harmless Hostcomm from any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the Customer's breach of this clause or any applicable FCC rules, regulations, or orders.Hostcomm reserves the right to monitor the Customer's compliance with this clause and to suspend or terminate this Agreement immediately upon written notice to the Customer if Hostcomm reasonably believes that the Customer is in violation of any applicable FCC rules, regulations, or orders.
5.2. Telephone Consumer Protection Act (TCPA): The Customer represents and warrants that its use of Hostcomm Services will comply with all applicable provisions of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and its implementing regulations, 47 C.F.R. Part 64, including but not limited to:(i) Obtaining prior express written consent for any marketing calls, text messages, or faxes sent using an automated telephone dialing system (ATDS) or an artificial or prerecorded voice message to a mobile telephone number. Such consent must be obtained in compliance with all applicable TCPA requirements, including clear and conspicuous disclosure of the purpose of the consent and the means of contacting the consumer.(ii) Maintaining an internal Do-Not-Call list and honoring all requests to be placed on such list.(iii) Refraining from making calls to emergency lines, healthcare facilities, guest or patient rooms of hospitals or healthcare facilities, and any other numbers designated as restricted under the TCPA.(iv) Complying with all time-of-day restrictions on telemarketing calls.(v) Maintaining records of consent and compliance with TCPA requirements.The Customer shall indemnify, defend, and hold harmless Hostcomm from any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the Customer's breach of this clause or any applicable TCPA rules, regulations, or orders.Hostcomm reserves the right to monitor the Customer's compliance with this clause and to suspend or terminate this Agreement immediately upon written notice to the Customer if Hostcomm reasonably believes that the Customer is in violation of any applicable TCPA rules, regulations, or orders.
5.3. California Consumer Privacy Act (CCPA): **If Hostcomm collects personal information of California residents**Hostcomm and You agree to comply with the California Consumer Privacy Act of 2018 (CCPA) and its implementing regulations. Hostcomm, as a service provider, represents and warrants that it will not sell or share personal information of California residents, as defined by the CCPA, without their prior express consent.
Hostcomm agrees to use commercially reasonable efforts to assist the Customer in responding to consumer requests for access, deletion, and knowledge of their personal information, as required by the CCPA. This includes, but is not limited to:
(i) Providing the Customer with access to tools and resources to facilitate responding to consumer requests.(ii) Assisting the Customer in identifying the personal information of California residents within Hostcomm's systems.(iii) Facilitating the deletion of personal information of California residents upon verified consumer requests.The Customer acknowledges its primary responsibility for complying with the CCPA with respect to the personal information it collects from California residents through its use of Hostcomm Services. The Customer agrees to indemnify, defend, and hold harmless Hostcomm from any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the Customer's breach of the CCPA or this clause.
5.4. Data Breach Notification: Hostcomm shall notify the Customer of any data breach affecting Personal Data within 72 hours, providing necessary information for compliance with U.S. state laws, including California and New York requirements.
5.5. Quality of the telephony service: For Services that support quality of service e.g. IPVPN or leased lines the quality of the phone call will be business standard at all times. Current broadband services however are provided on a contended basis. Because of this Hostcomm cannot guarantee a consistent level of quality for broadband-based service although in our experience a 20:1 contention based service or better is acceptable.
5.6. GDPR & Data Privacy Compliance (for applicable EU Data): Where the Customer or Hostcomm processes EU-originating Personal Data, GDPR compliance applies. Hostcomm agrees to process data as instructed, ensure security measures, and assist with lawful data handling requests.
5.7. Do Not Call Compliance: The Customer represents and warrants that it will comply with all applicable federal and state laws and regulations regarding telemarketing, including but not limited to the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), and the National Do Not Call Registry (NDNCR). Specifically, the Customer agrees to:
(i) Subscribe to and regularly access the NDNCR, obtaining updated lists at least every thirty-one (31) days, and scrub its calling lists against the NDNCR and any applicable state Do Not Call lists prior to initiating any telemarketing calls. (ii) (ii) Maintain and implement reasonable procedures to prevent calls to numbers on the NDNCR and state Do Not Call lists, including but not limited to:a. Written policies and procedures regarding compliance with the TCPA, TSR, and NDNCR;b. Training of all personnel involved in telemarketing activities on applicable laws and regulations;c. Maintaining records of compliance, including dates of NDNCR list updates and call list scrubbing.(iii) Indemnify, defend, and hold harmless Hostcomm from any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the Customer's failure to comply with the TCPA, TSR, NDNCR, or any other applicable telemarketing laws or regulations.Hostcomm reserves the right to suspend or terminate this Agreement immediately upon written notice to the Customer if Hostcomm has evidence or reasonably suspects that the Customer is using Hostcomm's services in violation of the TCPA, TSR, NDNCR, or any other applicable telemarketing laws or regulations.
Safe Harbor: If the Customer inadvertently makes a call to a number on the NDNCR or a state Do Not Call list, such call shall not be deemed a breach of this Agreement if the Customer demonstrates that it has established and implemented the procedures described in Section (ii) and has made reasonable efforts to comply with applicable laws and regulations.
5.8. Backup and Data Storage: Hostcomm will store 7 full database backups, deleting the oldest file after 7 days. Call recordings and system data storage is available at $0.08 per gigabyte monthly.
5.9. Federal Trade Commission (FTC) and Related Compliance: The Customer represents and warrants that its business practices, including but not limited to advertising, marketing, sales, data collection, and security, comply with all applicable federal laws, rules, and regulations enforced by the Federal Trade Commission (FTC), including but not limited to:
(i) The Federal Trade Commission Act (FTC Act), including prohibitions on unfair or deceptive acts or practices (UDAP);(ii) The Telemarketing Sales Rule (TSR), including compliance with the National Do Not Call Registry and other telemarketing restrictions;(iii) The Children's Online Privacy Protection Act (COPPA), if applicable;(iv) The Gramm-Leach-Bliley Act (GLBA), if applicable;(v) Other relevant FTC regulations and guidelines regarding advertising, marketing, privacy, and data security.Specifically, the Customer agrees to:(vi) Ensure that all advertising and marketing materials are truthful, non-misleading, and substantiated by competent and reliable evidence.(vii) (ii) Comply with all applicable "Do Not Call" requirements, as detailed in clause 5.8 of this Agreement.(viii) Obtain all necessary consents for data collection and use, and maintain appropriate data security measures to protect consumer information.(ix) Adhere to all applicable industry self-regulatory principles and guidelines.The Customer shall indemnify, defend, and hold harmless Hostcomm from any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the Customer's breach of this clause or any applicable FTC laws, rules, or regulations.Hostcomm reserves the right to monitor the Customer's compliance with this clause and to suspend or terminate this Agreement immediately upon written notice to the Customer if Hostcomm reasonably believes that the Customer is in violation of any applicable FTC laws, rules, or regulations.
5.10. Customer Responsibility for Network Quality: The Customer acknowledges responsibility for maintaining network configurations that support Hostcomm Services. This includes proper router, switch, and VLAN setup, as well as ensuring sufficient PC specifications.
5.11. Indemnification: The Customer indemnifies Hostcomm against breaches of state or federal laws, including but not limited to TCPA, CCPA, and FTC regulations.

6. PAYMENT FOR SERVICES
The Customer agrees to pay Hostcomm for the Services at rates specified in the Service Order Form or an addendum to the Service Order Form and call rates sheet. Any further services that both parties agree to add after the Effective Date shall be added at Hostcomm list prices unless otherwise agreed in writing by Hostcomm. Usage charges including but not limited to outbound PSTN charges, calling card calls & one time charges shall be billed at the end of the month in which they are incurred. Monthly recurring charges shall be billed in advance in the month preceding the month to which the charges apply. All charges are payable calendar 7 days from receipt of Hostcomm invoice unless otherwise agreed by both parties. Failure to pay the invoice will result in Hostcomm: (i) issuing a one week disconnect notice, (i) interruption of Services or (iii) terminating this Agreement pursuant to section 24 below. A charge of one and a half percent of the amount owed shall be added to each full or partial month that payment is not made starting on the thirty-first day after the date of invoice.
7. GUARANTEES AND ADVANCE PAYMENTS
In the event that the Customer fails to pay any invoice on or before its due date, if the Customer is unable generally to pay its debts when due or Hostcomm, in its sole discretion, determines it appropriate, Hostcomm may require the Customer to pay an advance payment in the form of a cashiers or certified cheque, provide a letter of credit, or provide a satisfactory guarantee. Any advance payment may be applied against the Customer's arrears.
8. COST OF COLLECTION
The Customer shall be liable to Hostcomm for any costs incurred by Hostcomm in enforcing any payment or obligation of the Customer under this Agreement including, without limitation, any collection agency cost, reasonable legal fees, and court costs.
9. MAINTENANCE
Hostcomm shall provide Customer notification of feature and function updates to the Services provided as they become available without additional charge to the Customer. Hostcomm shall decide upon the contents of such updates in its sole discretion.
10. TITLE TO EQUIPMENT AND RISK OF LOSS (ONLY APPLICABLE IF EQUIPMENT IS RENTED)
Hostcomm shall retain title to all Equipment, Software and associated property residing in the Customer's premises used in connection with providing the Services to the Customer. Upon expiration or termination of the Agreement for any reason the Customer shall surrender all Equipment, Software and associated property, if any, to Hostcomm in the same condition as installed, with the exception of ordinary wear and tear. The Customer shall be liable to Hostcomm for replacement of any Equipment, Software and associated property lost, stolen or damaged while in the care of the Customer.
11. INDEPENDENT OBLIGATION
The Customer hereby acknowledges that Hostcomm is not the same party as any other value –added reseller, service provider and any other agent ("Contractor"), and that this Agreement constitutes a separate and independent obligation by the Customer which is unrelated to the performance or non-performance of any Contractor. The Customer shall not have the right to abate, decline to pay or otherwise fail to honour its obligations under any Contractor agreement as a result of Hostcomm's performance or non-performance of any obligation underthis Agreement and the Customer shall not have the right to abate, decline to pay or otherwise fail to honour its obligations under this Agreement as a result of any Contractor performance or non-performance of any obligations under any agreement with the Customer.
12. SOFTWARE
Any Software incorporated into or provided for use in or with Hostcomm Services (whether initially, as part of maintenance or support or otherwise) is not sold, but rather licensed by Hostcomm or a relevant third party to Customer solely for the Customer's internal use in or with applicable product strictly in accordance with the documentation and any other use restrictions applicable for that product. Such license (a) is non-exclusive, (b) is non-sub licensable subject to the terms and conditions of this Agreement and (c) does not include the right to (and the Customer will not, directly or indirectly) modify, reverse engineer (except to the extent applicable statutory law permits reverse engineering restrictions), incorporate or use in any other works, create derivatives of, or copy any portion of the Software (except as specifically authorized in documentation provided by Hostcomm for purposes of installation, support or maintenance), or to use the Software or product for the benefit of any third party. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying documentation by the government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms herein.
13. WARRANTIES AND DISCLAIMER
Hostcomm represents and warrants that, except for any outside material provided by the Customer to Hostcomm, the Customer's use of the Services as contemplated by this Agreement will not infringe or violate any rights of any person or entity. All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this Agreement, whether by statute, common law or otherwise, are hereby excluded, to the maximum extent permitted by law, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
14. USAGE
The platform is designed for self-use and is open to all US citizens, irrespective of caste, creed, residence, or disability. Due to technological limits and regulatory obligations for usage, our platform’s exclusive language is English. The usage of our platform by a person with a disability will be considered self-use, and only the assistance sought from Scribe, a translator and technology narrator, will be considered.
15. OCCASIONAL INTERRUPTION OF SERVICES
15.1. The Hostcomm platform may experience occasional unavailability due to maintenance, technical issues, or other reasons beyond our control. You acknowledge that Hostcomm is an evolving platform and that the services may change periodically without prior notice to you.
715.2. Hostcomm shall not be liable for delays, interruptions, or inability to access the platform caused by any unforeseen circumstances, including but not limited to acts of nature, natural disasters, regulatory actions, user hardware/software malfunction, internet disruptions, data loss, or unexpected suspension of services.
16. CONTENT
16.1. All text, graphics, user interfaces, visuals, trademarks, logos, brand names, and descriptions on the Hostcomm platform (collectively, “Content”) may belong to third-party brands, manufacturers, or independent entities. Hostcomm has no control over the quality, accuracy, or authenticity of such content and makes no guarantees in this regard.
16.2. All Content displayed on the Hostcomm platform is subject to copyright protection and cannot be reused by you (or any third party) without obtaining prior written consent from Hostcomm and the respective copyright owner.
16.3. You are granted a personal, non-exclusive, non-transferable, revocable license to access and view the content on the platform. You are strictly prohibited from copying adapting, or modifying any content without prior written permission from Hostcomm.
17. SUSPENSION OF ACCESS AND ACTIVITY
17.1. Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspending/terminating your association with the website, and/or refusing to the usage of the website, without being required to provide you with notice or cause:
17.1.1. If you are in breach of any of these Terms or the Privacy Policy;
17.1.2. If you have provided wrong, inaccurate, incomplete, or incorrect information;
17.1.3. If your actions may cause any harm, damage or loss to the other users or us, at our sole discretion.
18. INTELLECTUAL PROPERTY RIGHTS
18.1. Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms that shall be available on the website. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the website or such other third party and other distinctive brand features of the website are the property of the website or the respective copyright or trademark owner.
18.2. The Platform, including but not limited to website, mobile application, text, User interface, visual interfaces, graphics, codes, content, and promotional material (the “Intellectual Property”) is the property of the Company and is protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws. The Platform is also protected as a collective work or compilation under U.S. copyright and other laws and treaties.
18.3. You shall not use any of the intellectual property displayed on the website in any manner that is likely to cause confusion among existing or prospective users of the website, or that in any manner disparages or discredits the website.
18.4. You are aware of all intellectual property, including but not limited to copyrights, relating to said services that reside with the owners, and that at no point does any such intellectual property stand transferred from the creators.
18.5. You are further aware that any reproduction or infringement of the intellectual property of the owners by you will result in legal action being initiated against you by the respective owners of the intellectual property so reproduced/infringed upon. You agree that the contents of this section shall survive even after the termination or expiry of these Terms and/or Privacy Policy.
18.6. Any User-Generated Content you submit to the Platform shall remain your intellectual property. However, by submitting such content, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, publish, and distribute your User-Generated Content in any medium for any purpose.
19. LINKING AND FRAMING
19.1. We prohibit caching the Hostcomm Platform, unauthorized hypertext links to the Platform, and the framing of any materials available through this Platform. We reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the contents of any other Internet websites linked to this Platform.19.2. The Hostcomm Platform may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company. The Hostcomm Platform may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.
19.3. YOU AGREE THAT THE HOSTCOMM WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, (i) FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE, OR (ii) FOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE OR (iii) FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
20. NON-AFFILIATION AND FAIR USE DISCLAIMER
HOSTCOMM IS NOT AFFILIATED, ASSOCIATED, AUTHORIZED, ENDORSED BY, OR IN ANY WAY OFFICIALLY CONNECTED WITH ANY BRAND NAME LISTED ON THE PLATFORM, OR ANY OF ITS SUBSIDIARIES OR AFFILIATES.
THE NAMES, MARKS, AND LOGOS OF BRAND NAMES ARE REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. THE USE OF ANY TRADE NAME OR TRADEMARK IS FOR IDENTIFICATION AND REFERENCE PURPOSES ONLY AND DOES NOT IMPLY ANY ASSOCIATION WITH THE TRADEMARK HOLDER.
ANY PRODUCTS, SERVICES, OR WEBSITES REFERENCED ON THIS PLATFORMTHAT ARE NOT DIRECTLY ASSOCIATED WITH OR OWNED BY US ARE TRADEMARKS™ OR REGISTERED® TRADEMARKS OF THEIR RESPECTIVE HOLDERS. USE OF THEM DOES NOT IMPLY ANY ENDORSEMENT BY OR AFFILIATION WITH THEM.
20.1. The Hostcomm Platform may contain trademarked and copyrighted material owned by third parties, the use of which may not always be specifically authorized by the respective owners. Under 15 U.S.C. § 1115(b)(4) of the Lanham Act, certain uses of trademarks, including descriptive and non-commercial uses, are permitted without authorization from the owner. Similarly, Section 107 of the U.S. Copyright Act allows the limited use of copyrighted material without permission from the rights holders for purposes such as education, criticism, comment, news reporting, teaching, scholarship, and research. These “fair use” provisions apply even when the use would otherwise constitute infringement.
20.2. If you wish to use trademarked or copyrighted material from this platform for purposes that do not qualify as “fair use” you are required to obtain prior permission from the respective trademark and copyright owners. If you are unsure whether your use qualifies as “fair use,” we recommend seeking legal counsel.
20.3. If you believe that any content or postings on this platform infringe your intellectual property rights or any other legal rights, please notify us by email at service@hostcomm.net.
21. INDEMINITY
21.1. Customer Indemnification: The Customer shall indemnify, defend, and hold harmless Hostcomm and its officers, directors, employees, agents, and affiliates (collectively, the "Hostcomm Indemnified Parties") from and against any and all third-party claims, actions, suits, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and disbursements) (collectively, "Losses") arising out of or relating to:
(i) The Customer's breach of any term, representation, warranty, or covenant in this Agreement;(ii) The Customer's use of the Services, including but not limited to any content or data transmitted, stored, or processed by the Customer using the Services;(iii) The Customer's violation of any applicable law, regulation, or third-party right, including but not limited to intellectual property rights, privacy rights, and data protection laws;(iv) Any claim by a third party that materials provided by the Customer to Hostcomm infringe or misappropriate any intellectual property right.
21.2. Hostcomm Indemnification: Hostcomm shall indemnify, defend, and hold harmless the Customer and its officers, directors, employees, agents, and affiliates (collectively, the "Customer Indemnified Parties") from and against any and all Losses arising out of or relating to any third-party claim that the Services, as provided by Hostcomm (excluding any materials provided by the Customer), directly infringe or misappropriate any third-party patent, copyright, or trademark.
21.3. Conditions for Hostcomm Indemnification: Hostcomm's indemnification obligation under Section 20.2 is conditional on the Customer:(i) Providing Hostcomm with prompt written notice of any Claim;(ii) Granting Hostcomm sole control over the defense and settlement of the Claim;(iii) Providing Hostcomm with reasonable assistance and cooperation in the defense of the Claim.
21.4. Exclusions from Hostcomm Indemnification: Hostcomm's indemnification obligation under Section 20.2 shall not apply to any infringement or misappropriation claim to the extent it arises from:(i) Modifications to the Services made by the Customer or any third party;(ii) The combination of the Services with products, processes, or materials not provided by Hostcomm;(iii) Customer's continued use of the allegedly infringing Services after being notified of the infringement or after being provided with a non-infringing alternative;(iv) Services, product, portions or components thereof made in whole or part in accordance to Customer specifications or requests.
21.5. Cooperation: Each party agrees to cooperate fully with the other party in the defense of any Claim for which indemnification is sought.
21.6. Exclusive Remedy: This indemnification clause sets forth the entire liability and exclusive remedy of each party with respect to claims of infringement or misappropriation of intellectual property rights.
22. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOSTCOMM OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, BUSINESS INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, OR YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF HOSTCOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE).
EXCEPT FOR HOSTCOMM’S OBLIGATIONS UNDER THE INDEMNIFICATION CLAUSE OF THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOSTCOMM’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO HOSTCOMM FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, HOSTCOMM’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
23. TERM AND TERMINATION
23.1. The term of this Agreement shall commence upon the date of the Customer's execution of the Service Order Form ("Effective Date") and shall continue thereafter for the initial Term of Service as specified in the Service Order Form. Following the expiration of the initial Term of Service, this Agreement shall automatically be renewed for successive one (1) month terms (each a "Renewal Term"), unless terminated with written notice by Customer to Hostcomm at least 30 days prior to the expiration of the initial Term of Service or a Renewal Term. Prior to any renewal period all pricing, fees, rate classifications and charges related to Service are subject to change by Hostcomm upon thirty (30) days notice to Customer.
23.2. Termination by Customer:
23.2.1. The Customer may terminate portions of the Services with  thirty (30) days' prior written notice to Hostcomm and substitute other Services without incurring a penalty, provided that the total monthly recurring charge for the substituted Services is equal to or higher than that of the terminated Services.
23.2.2. The Customer may terminate this Agreement by providing written notice to Hostcomm if Hostcomm fails to perform any material condition of this Agreement and such failure remains unremedied for a period of thirty (30) days following Hostcomm’s receipt of written notice specifying the nature of the failure.In no event shall the Customer be relieved of its obligation to pay all unpaid and outstanding amounts due to Hostcomm that have accrued as of the termination or expiration date of this Agreement. The Customer shall also pay in full all charges for Services rendered through the termination date.
23.3. Termination by Hostcomm:
23.3.1. Hostcomm may terminate the Services on written notice to the Customer if the Customer fails to perform any payment obligation under this Agreement, and such failure remains unremedied for a period of five (5) days following the Customer's receipt of written notice specifying the nature of the failure. In the event of termination under this section, the Customer shall remain liable for all applicable charges, including but not limited to those related to the deactivation of carrier network access circuits.
23.3.2. Hostcomm may terminate the Services with thirty (30) days' prior written notice to the Customer if Hostcomm determines that providing the Services is no longer commercially feasible.
23.3.3. Hostcomm may terminate the Services on written notice if the Customer denies Hostcomm access to the Customer's local area network or premises necessary for Hostcomm to examine, maintain, or perform corrective actions required to fulfill Hostcomm's obligations under this Agreement.
23.3.4. Hostcomm may suspend the provision of Services, in whole or in part, with immediate effect and without providing an opportunity to remedy, if Hostcomm has reasonable grounds to believe that the Services are being used fraudulently, inappropriately, or for unlawful or criminal activities.
23.3.5. Hostcomm may terminate the Services on written notice if the Customer becomes insolvent, files for bankruptcy under Chapter 7 or Chapter 11 of the U.S. Bankruptcy Code, makes a general assignment for the benefit of creditors, is subject to the appointment of a receiver or trustee, or otherwise ceases trading or is unable to pay its debts as they become due under applicable U.S. laws.
24. EFFECTS OF TERMINATION
The termination or expiration of this Agreement shall not relieve Customer of: a)its obligations under this Agreement or any Service Order Form and b) Customer'sobligation to make payments for all unpaid and outstanding amounts due toHostcomm that have been accrued as of the date of termination or expiration ofthis Agreement including charges due during the Term of Service and those as setout in clause
24. On termination for any reason:
24.1. All rights granted to Customer under this Agreement shall cease;
24.2. Customer shall cease all activities authorised by this Agreement;
24.3. Customer shall immediately pay to Hostcomm any sums due to Hostcomm; and24.4. Customer shall immediately destroy or return to Hostcomm (at Hostcomm's option) all copies of the documentation and Equipment provided by or on behalf of Hostcomm then in its possession, custody or control and, in the case of destruction, certify to Hostcomm that it has done so.
25. USER OBLIGATIONS AND FORMAL UNDERTAKINGS
By accessing or using the Platform, you represent, warrant, and agree to the following:
25.1. Eligibility: You are at least 18 years old (or the legal age of majority in your jurisdiction) and have the legal capacity to enter into this Agreement. If you are using the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this Agreement.
25.2. Accurate Information: You will provide accurate, current, and complete information when registering for and using the Platform, and you will promptly update such information as necessary.
25.3. Lawful Use: You will use the Platform only for lawful purposes and in compliance with all applicable laws, regulations, and third-party rights. You will not use the Platform:
25.3.1. To transmit or distribute any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable content;
25.3.2. To impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
25.3.3. To interfere with or disrupt the Services or servers or networks connected to the Services;
25.3.4. To attempt to gain unauthorized access to any portion of the Services or any other systems or networks;
25.3.5. To use any automated means (such as bots, spiders, or scrapers) to access or collect data from the Services without our express written consent;
25.3.6. To violate any intellectual property rights of Hostcomm or any third party;
25.3.7. To transmit or distribute any viruses, worms, malware, or other harmful software;
25.3.8. To engage in any activity that could damage, disable, overburden, or impair the Services or our infrastructure.
25.4. Account Security: You are responsible for maintaining the confidentiality of your account credentials (including your username and password) and for all activities that occur under your account. You will notify us immediately of any unauthorized use of your account.
25.5. Cooperation with Investigations: You will cooperate fully with any investigation by Hostcomm or a law enforcement agency regarding your use of the Services.
25.6. Compliance with Export Laws: You will comply with all applicable export and re-export control laws and regulations.
25.7. Indemnification: You agree to indemnify, defend, and hold harmless Hostcomm and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your breach of these User Obligations and Formal Undertakings.
25.8. Monitoring: Hostcomm reserves the right, but not the obligation, to monitor your use of the Services to ensure compliance with these terms and applicable laws.
26. FEES AND TAXES The Customer shall pay taxes and regulatory fees imposed or based upon the provision or use of any of the Services or the charges for them.
27. EMERGENCY 911 SERVICE LIMITATIONS AND CUSTOMER RESPONSIBILITIES
27.1. Service Limitations: Customer acknowledges and understands that due to the nature of VoIP technology, including Hostcomm Services, emergency 911/E911 service may have limitations compared to traditional landline phone service. These limitations may include, but are not limited to:(i) Difficulty in accurately identifying the Customer's physical location, especially if the Customer uses the Services from multiple locations or with nomadic devices.(ii) Service disruptions due to power outages, internet outages, or other technical issues.(iii) The need for the Customer to provide accurate and updated registered location information to Hostcomm.
27.2. Customer Responsibilities: Customer agrees to:(i) Provide Hostcomm with accurate and complete registered location information for each service location and promptly update such information whenever the service location changes.(ii) Understand and inform all users of the Services of the limitations of VoIP 911/E911 service.(iii) Maintain an alternative means of accessing emergency services, such as a traditional landline or mobile phone.
27.3. Limitation of Liability and Disclaimer: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOSTCOMM SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, OR EXPENSES ARISING OUT OF OR RELATED TO ANY FAILURE OR LIMITATION OF 911/E911 SERVICE, EXCEPT IN CASES OF HOSTCOMM’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. HOSTCOMM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY, ACCURACY, OR RELIABILITY OF 911/E911 SERVICE PROVIDED THROUGH THE SERVICES.
27.4. Indemnification: To the extent permitted by applicable law, Customer shall indemnify, defend, and hold harmless Hostcomm and its affiliates, officers, directors, employees, agents, and licensors from and against any third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to Customer’s failure to comply with its obligations under Section (b) of this clause. This indemnification shall not apply to claims arising solely from Hostcomm’s gross negligence or willful misconduct in the provision of 911/E911 services.
28. SERVICE LEVEL AGREEMENT The following service level guarantees combine to form Hostcomm's service level agreement (SLA) for Services. Coverage of this SLA is initiated by the opening of a service ticket (Service Ticket). Service Tickets are opened by Customer submission. Hostcomm support personnel may open Service Tickets. Customers shall retain records of all issued Service Tickets for tracking purposes and for submitting claims for credit under the terms of this SLA.
28.1. Service Delivery: Hostcomm activation of Services on the Customer requested activation date. The activation date is subject to approval by Hostcomm. The date of activation is dependent on the Customer submission of information as deemed necessary by Hostcomm for delivery of Services. This information includes but is not limited to: Customer's LAN configuration, voice system design, user specifications and service provider bandwidth and bandwidth delivery dates. The date of completed service delivery is the date that Hostcomm activates the Services.
28.2. Mean Time To Respond: The mean time to respond to a service impacting issue is 15 minutes on a monthly average basis. Hostcomm support personnel will respond by opening a Service Ticket either in response to a customer request or upon automatic notification by Hostcomm's management systems. Mean time to respond is calculated by taking the monthly aggregate of all response times relating to repair or technical issues reported by the Customer and dividing by the total number of Service Tickets for a given month and dividing by the total number of Service Tickets opened for these issues.
28.3. Mean Time To Isolate: The mean time to isolate a service impacting issue is 1 hour on a monthly average basis. Mean time to isolate will commence with the opening of a Service Ticket by Customer with Hostcomm support personnel. Mean time to isolate is calculated by taking the aggregate amount of time to isolate the service impacting issues for all Service Tickets opened that month.
28.4. Mean Time To Repair: The mean time to repair (MTTR) to a service impacting issue is 2 hours on a monthly average basis. MTTR will commence with the isolation of the issue as detailed in the Service Ticket and end upon the resolution and approved closure of the Service Tickets by the Hostcomm support personnel and or Customers authorized representative. MTTR excludes Customer time to make the requested network changes and/or reinstall Equipment. MTTR is calculated by taking the aggregate amount of time to close all Service Tickets for a given month and dividing by the number of total Service Tickets opened that month.
28.5. Account/User Revocation: Following a Customer request to Hostcomm support, Hostcomm guarantees revocation of a user account within 2 hours. The time to revoke a user account will commence upon the receipt of the request from the authorized Customer administrator.
29. GENERAL EXCLUSION
The Service downtime associated with the following shall be ignored:
29.1. Service downtime that the Customer did not report within five (5) working days;
29.2. Service outages not supported or associated with Service Tickets;
29.3. Issues reported that are not under the control of Hostcomm and/or do not impact the Hostcomm network and Platform/Services including but not limited to Customer LAN issues, access bandwidth, service provider bandwidth, Internet bandwidth, IP Phones, IP soft phones, operating system capability, software compatibility, TAPI compatibility;
29.4. Issue for which Service Tickets are already open;
29.5. Hostcomm Network and/or Service maintenance with prior notification;
29.6. Any emergency Network maintenance;
29.7. Failure of Customer power, LAN equipment, facilities, access circuit to Hostcomm Network, bandwidth or applications;
29.8. Service delays due to carrier service provider’s inability to deliver circuits and/or network elements;
29.9. Service outages identified as caused by Internet network and/or carrier service providers
29.10. Any unauthorized acts, use of the Service, errors or omissions by the Customer affecting Hostcomm's ability to provide Service.
29.11. Any unauthorized acts, use of the Service, errors or omissions by the Customer affecting Hostcomm's ability to provide Service.
30. BILLING ADJUSTMENT SPECIFICATIONS
If in any one (1) month Hostcomm does not meet its service level guarantees, Customer will be entitled to receive credit as follows:
30.1. A credit equal to 1/30 of the Customer’s monthly recurring charge (MRC), exclusive of any measured usage, for Services each day in which the Hostcomm Services are affected by a failure to meet the performance level specified by any or one of the service level guarantees.
30.2. A credit equal to 100% of one month of the Customer’s MRC, exclusive of any measured usage, for Services in the event Hostcomm Network and Service is unavailable to Customer’s users for a period of twenty four (24) consecutive hours.
30.3. Credits will be applied to the appropriate elements affected.
30.4. Credits will only be applied if requested by Customer in writing within five (5) business days of the reported incident(s) for which credit is requested.
30.5. The credit will be posted on the monthly invoice following the Customer's request for credit.
30.6. In the event that claims under two or more SLA items are simultaneously made; a credit will be applied to the SLA item in the larger credit, the smaller ignored.
The maximum amount of service credit that the Customer is entitled to receive fromHostcomm per month is one month’s service fee.
31. FORCE MAJEURE
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of god, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
32. DISPUTE RESOLUTION AND JURISDICTION
32.1. It is expressly agreed by you that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through Arbitration. The contents of this section shall survive the termination or expiry of these Terms and/or the Privacy Policy.
32.2. Arbitration: In the event that the Parties are unable to amicably resolve a dispute, such dispute will be settled by arbitration in accordance with the rules of the American Arbitration Association (AAA). A sole arbitrator shall be appointed in accordance with the AAA rules, and the award passed by such arbitrator will be final and binding on all parties. The arbitration shall be conducted in English, and the seat of arbitration shall be in the United States. All costs of arbitration will be borne in accordance with the arbitrator’s award.
32.3. You expressly agree that these Terms, the Privacy Policy, and any other agreements between the Parties are governed by the laws, rules, and regulations of the United States of America.
32.4. You agree that any claims or disputes you may have against Hostcomm will be resolved individually and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
33. MISCELLANEOUS PROVISIONS

33.1. This platform and its contents do not establish a partnership, joint venture, agency, or employment relationship between the parties. Hostcomm shall not be responsible for the acts or omissions of the User, and the User shall not represent the Company, nor does it have any power or authority to speak for, represent, bind, or assume any obligation on behalf of the Hostcomm.
33.2. Confidentiality. The product evaluation reports, the list of best alternative products provided by the platform, and any settlement offered shall be kept confidential and not disclosed by either party, except where disclosure is required by law, requested by law enforcement, any court, or a governmental body. However, Hostcomm reserves the right to disclose such information under the following circumstances:
33.2.1. if reasonably necessary to protect the Hostcomm’s rights or enforce these Terms of Services;
33.2.2. to comply with any applicable law, regulation, or legal process, including responding to a court order or subpoena;
33.2.3. during the investigation of potential violations or unlawful activities related to the platform or its use;
33.2.4. if disclosure is required as part of a merger, acquisition, or sale of assets involving Hostcomm, provided that the receiving party agrees to maintain confidentiality
33.3. We may each disclose this information, in confidence, to our respective Legal Advisors, Accountants, Auditors, Insurance Providers, or other professional advisors who are under a duty of confidentiality, for the purpose of obtaining professional advice or as otherwise necessary in the ordinary course of business.
33.4. Entire Agreement: These Terms, read with the Privacy Policy and any Service Order Form form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
33.5. Waiver: The failure at any time to require the performance of any provision of these Terms shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
33.6. Severability: If any provision/clause of these Terms is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
33.7. Survival. Clauses 2, 6, 23, 24, 26 and 33.7, and any Hostcomm accrued rights to payment shall survive the termination or expiration of this Agreement.
33.8. Contact us: If you have any questions about these Terms, the practices of the website, or your experience, you can contact us by emailing at service@hostcomm.net.