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Terms of Use

Last Updated 17 March 2008

YOUR AFFIRMATIVE ACT OF USING THIS WEB SITE (“SITE”) SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE AND YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE THEN YOU MAY NOT USE THIS SITE.

1. Use of Site and Content

You may use the Site for lawful purposes only.

Permission to make and internally use copies of the text, graphics, images, video and audio files and other information (“Content”) from this site is granted subject to the following: (a) Any copies shall be used only for your internal, non-commercial use; (b) Any copies must include the following copyright notice: “Copyright 2004-2010 Above Telecommunications, Inc. All rights reserved”; (c) Except where your use constitutes “fair use” under copyright law, you may not otherwise use, modify, copy, print, display, reproduce, distribute, manipulate, or publish any Content from this site without the express prior written permission of Above Telecommunications. Permission is granted only to the person legally accessing this Site and is not transferable to any other person.

The Content may contain other proprietary notices or describe products, services, processes or technologies owned by Above Telecommunications or third parties. Except for the foregoing limited license to make and internally use copies of the Content, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Above Telecommunications or any third party.

2. Prohibited Use

Without the express prior written authorization of Above Telecommunications, you may not:

use any data mining robots (“bots”), hardware or software modules that add a specific feature or service by plugging into an existing larger system (“plug-ins”), or other data gathering and extraction tools, scripts, applications, scraper or other automated means to access the Site;
use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this Site, server or activities conducted therein;
take any action that imposes an unreasonable or disproportionately large load on this Site or its network infrastructure or that adversely affects our network or other customers;
decompile, reverse engineer, modify or disassemble any of the software in or associated with the network and/or Site server;
use any meta tags or any other “hidden text” utilizing Above Telecommunications’ name or any Above Telecommunications trademark;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Above Telecommunications or use any Above Telecommunications trademark except as set forth in the foregoing limited license in these terms and conditions; or
otherwise exceed your limited access to the Site as authorized by Above Telecommunications.

You may not access or use the Site in any manner that could damage, disable, overburden, or impair any Above Telecommunications accounts, computer systems or networks. You may not attempt to gain unauthorized access to any parts of the Site or any Above Telecommunications accounts, computer systems or networks. You may not interfere or attempt to interfere with the proper working of the Site or any Above Telecommunications accounts, computer systems or networks.

3. Termination of Use

You agree that Above Telecommunications may, in its sole discretion, at any time terminate your access to the Site. Access to the Site and activity on the Site may be monitored by Above Telecommunications.

4. Trademarks

AboveTel is registered trademark of Above Telecommunications, Inc. Next Generation of Human Communication, other service and product names in this Site, and the other trademarks, logos, and service marks (collectively the “Trademarks”) used in this Site are the property of Above Telecommunications, Inc. or their respective owners. Nothing contained in this Site should be construed as granting by implication, estoppel, or otherwise, a license or right of use of AboveTel or any other Trademark displayed in the Site without the prior written permission of Above Telecommunications or its respective owner.

5. Submission of Ideas

We welcome your comments about our Site, products and services (“Comments”). However, we ask you limit your Comments to your experiences with our Site, products and services. Please do not to send us any unsolicited creative ideas, suggestions, or materials, including but not limited to creative artwork, samples, feedback, data, answers, questions, comments, suggestions, plans, ideas for new products, promotions, product names, advertising campaigns, technologies or processes (“Ideas”). The Comments and Ideas that you may submit shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Above Telecommunications for any purpose whatever. Please understand that Above Telecommunications makes no assurances that your Comments and Ideas will be treated as confidential or proprietary. Please also understand that Above Telecommunications shall be free to copy, use, modify, disclose and distribute of your Comments and Ideas without restriction for any purposes whatsoever, commercial or otherwise, without compensation to you.

6. Third Party Web Sites, Content, Products and Services

The Site provides links to Web Sites and access to Content from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Above Telecommunications is not responsible for the availability of, and Content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them.

7. Disclaimer of Endorsement

Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Above Telecommunications. Product and service information is the sole responsibility of each individual vendor.

8. Disclaimer of Liability

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. ABOVE TELECOMMUNICATIONS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION AND RELATED GRAPHICS, ACCESSED FROM, OR VIA, THIS SITE, SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ABOVE TELECOMMUNICATIONS DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE.

IN NO EVENT SHALL ABOVE TELECOMMUNICATIONS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT, THIS SITE OR THE INTERNET GENERALLY.ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.

ABOVE TELECOMMUNICATIONS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES.

9. No Warranties

Any Above Telecommunications material on this Site may include technical inaccuracies or typographical errors. THE CONTENT PROVIDED ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

NO ADVICE OR CONTENT GIVEN BY ABOVE TELECOMMUNICATIONS, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER ABOVE TELECOMMUNICATIONS NOR ITS AFFILIATES WARRANT THAT THE CONTENT ON THIS SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ABOVE TELECOMMUNICATIONS MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

10. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY.

11. Digital Millennium Copyright Act

Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on Above Telecommunications Site, should be promptly sent in the form of written communication to Above Telecommunication’s Designated Agent: Attn: Legal Department - Copyright Agent, Above Telecommunications, Inc, 655 Montgomery St Ste 540, San Francisco, CA 94111, email copyright@abovetel.com. No other notices or inquiries of any type, including requests for information, purchase or technical support questions, notices of infringement of third-party trademark or patent rights, employment inquiries, press inquiries, or investor inquiries, will be read or answered under this Agent and Agent Address.

All notices must comply with the requirements of U.S. Copyright Act 17 U.S.C. 512(c)(3) and regulations promulgated thereunder, each as amended, and must include the following information; notices not complying with these requirements will be returned unprocessed.

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line Site are covered by a single notification, a representative list of such works at that Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

12. Changes

All information posted on the Site is subject to change without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them on the Site. You should check the Site for such changes frequently. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.

13. Indemnification

You agree to indemnify, defend and hold harmless Above Telecommunications, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these terms and conditions or applicable law, access to or use of the Site or Content on the Site, your uploading, emailing, posting, publishing or otherwise submitting any Content to Above Telecommunications, or your violation of any rights of another.

14. Privacy Policy

Above Telecommunications is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Above Telecommunications’ Privacy Policy.

15. Note About Children

Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

16. Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the Content provided on the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Above Telecommunications in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Above Telecommunications outside the U.S.

17. Applicable Laws

All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in San Francisco, California. You and Above Telecommunications agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST ABOVE TELECOMMUNICATIONS BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH ABOVE TELECOMMUNICATIONS; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE IN THE COUNTY OF SAN FRANCISCO IN THE STATE OF CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

18. Severability and Integration

This contract and any supplemental terms, policies, rules and guidelines posted on the Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

19. Copyright/Trademark Information

20. Contact Information

If you have any questions regarding these Terms of Use, please contact Above Telecommunications at legal@abovetel.com.