Terms of Service

1. Overview

portal.justdeliverit.net ("Just Deliver It Sites") is a service of Just Deliver It and its affiliates, including its FCC-registered services provider, SIPphony LLC (collectively, "Just Deliver It"). This Terms of Use Agreement (the "Agreement" or "Terms") sets forth the standards of use of the Just Deliver It Sites and Services.

By electronically affixing an electronic signature, clicking to accept, or by using the Just Deliver It Sites, you (the "Customer" or "You") agree to these terms and conditions and consent to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.

We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Just Deliver It Sites.

2. The Services

The Services consist of one or more of the following: a web-based interface, access to your uploaded telephone number lists, Direct Inward Dialing Numbers ("DIDs"), direct-to-voicemail messaging applications, data encryption, data transmission, data access, data storage and, if applicable, synchronization software, as well as software maintenance and upgrades and customer support.

3. Usage Policy

You agree to use the Services in compliance with all applicable federal, state, and local laws, rules, and regulations, including the Telephone Consumer Protection Act ("TCPA"), the Telemarketing Sales Rule, and the CAN-SPAM Act of 2003.

4. Content Submission / Discussion Areas

You agree that any information or materials that you or individuals acting on your behalf provide to Just Deliver It (other than information required for your use of the Services as contemplated herein) will not be considered confidential or proprietary.

By providing any such information or materials to Just Deliver It, you grant to Just Deliver It an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works of, and distribute such information and materials.

Just Deliver It reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason.

5. Username / Password

As part of the registration process you will need a username and/or password. You shall provide Just Deliver It with accurate, complete, and regularly updated member profile information.

You agree to notify Just Deliver It of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password.

You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account.

6. Newsletter and Communications

Any email addresses submitted to Just Deliver It's agent-login screen are automatically added to the Just Deliver It newsletter. To permanently unsubscribe please email sales@justdeliverit.net.

By providing your telephone number to Just Deliver It, Just Deliver It reserves the right to contact you via calls or text messages to provide you information about your account and/or the Just Deliver It Services.

7. Intellectual Property

You are permitted to access the Just Deliver It Sites and Services solely for the purpose of receiving information about Just Deliver It's business and products, purchasing and utilizing the Services, communicating with Just Deliver It, or otherwise as stated on the Just Deliver It Sites.

All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the Just Deliver It Sites are the sole property of Just Deliver It or its licensors.

8. Data Protection & Privacy

In order to ensure your compliance with these Terms and to ensure that Just Deliver It complies with national and international laws, we may, from time to time, randomly check the messages that you send. We are committed to maintaining the privacy of your information, pursuant to our Privacy Policy.

You further recognize that Just Deliver It does not want you to, and you warrant that you shall not, provide any information or materials to Just Deliver It that is defamatory, threatening, obscene, harassing, or otherwise unlawful.

9. Payments

Your use of the Just Deliver It Services is contingent on your paying for such use (whether paid in advance or through the purchase of credits on the Just Deliver It Sites), in the amounts and using the methods indicated on the Just Deliver It Sites.

You are responsible to pay for any message you attempt to send to any number, regardless of whether the message is actually received by the intended recipient. As Just Deliver It is dependent on other entities for the delivery of your messages, our price per credit may require adjustment.

You agree to pay all applicable taxes and regulatory fees associated with your use of the Services, including Universal Service Fund ("USF"), TRS, NANP, and e911 fees, along with a regulatory recovery fee.

Just Deliver It cannot readily ascertain your location when you request to use the Services. You therefore agree that your use of the Services occurs in Nevada and is subject to any applicable Nevada taxes.

10. Credits

Credits are paperless vouchers that you purchase and which facilitate the transmission of the Just Deliver It Services selected by you. The chosen route as well as the destination of a message causes the amount of credits required to either increase or decrease.

11. No Warranty; Limitation of Liability

Just Deliver It reserves the right to modify, suspend, or discontinue the offering of any of the Just Deliver It Sites or Services at any time for any reason without prior notice.

JUST DELIVER IT'S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE JUST DELIVER IT SITES OR SERVICES FOR DIRECT DAMAGES SHALL NOT EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO JUST DELIVER IT.

12. User Warranties; Indemnification

You warrant and represent to Just Deliver It that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder.

You further warrant that you are and shall at all times remain in full compliance with all applicable laws, including the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act of 2003, and all other laws concerning privacy, telemarketing, and Internet marketing.

You agree to defend, indemnify and hold harmless Just Deliver It and its affiliates, including SIPphony LLC, from and against any and all losses, claims, liabilities, damages, costs and expenses arising from or relating to your use of the Services.

13. Termination, Cancellation and/or Suspension by Just Deliver It

If at any time you breach these Terms, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the events giving rise to the suspension, termination, or cancellation.

We reserve the right to suspend the Services at any stage for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as being our client, your financial status or the content of the messages originating from you.

Upon any such termination, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services.

14. Termination by the User

You are free to terminate or cancel your use of the Services at any time, and for any reason.

Unless due to a breach solely by Just Deliver It that it fails to cure within thirty (30) days of its receipt of your notice, in no event shall Just Deliver It be obligated to refund to you the reasonable value of any unused credits previously purchased by you. No credit refund will be issued more than 60 days after purchase.

15. Links to other Websites

The Just Deliver It Sites may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Just Deliver It of the contents on such third-party websites.

Just Deliver It is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites.

Just Deliver It strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.

16. Security Rules

You are prohibited from violating or attempting to violate the security of the Just Deliver It Sites and Services, including:

• Accessing data not intended for you or logging into a server or account which you are not authorized to access
• Attempting to probe, scan or test the vulnerability of a system or network without proper authorization
• Attempting to interfere with service to any user, including via submitting a virus, overloading, "flooding," "spamming," "mailbombing," or "crashing"
• Sending unsolicited e-mail, including promotions and/or advertising of products or services
• Forging any packet header or any part of the header information in any communication

Violations of system or network security may result in civil or criminal liability. Just Deliver It may investigate violations and may involve law enforcement authorities in prosecuting users involved in such violations.

17. Force Majeure

Just Deliver It shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line, power failure, governmental restrictions, court order, compliance with any law, or any other cause beyond the reasonable control of Just Deliver It.

18. Choice of Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada notwithstanding its laws governing conflicts of laws.

Any dispute arising under these Terms shall be settled and determined by binding arbitration in Las Vegas, Nevada in accordance with the provisions of the Federal Arbitration Act, 9 U.S.C. §§1-16, as amended.

The terms of the Commercial Arbitration Rules of the American Arbitration Association then in effect shall apply except to the extent they conflict with the express provisions of this paragraph. A single independent arbitrator shall conduct the arbitration.

Just Deliver It may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of these Terms.

19. Class Action Waiver

20. Miscellaneous

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Just Deliver It in any respect whatsoever.

In any action or proceeding to enforce rights under these Terms, Just Deliver It will be entitled to recover costs and attorneys' fees if it substantially prevails.