Agreement to Terms and Conditions
Definitions
"Service" or "Services" means any and all services provided by Sports Voice Services to you, including but not limited to, voice mail, fax mail, e-mail, conference calling, long distance and any additional offerings by Sports Voice Services utilized by you.
"Sports Voice Services" means Sports Voice Services, its affiliates and their successors and assigns.
Right to Change Terms and Conditions
You agree that Sports Voice Services may change these Terms and Conditions or its rates for any or all portions of the Services at any time upon ten (10) days prior notice. You agree that Sports Voice Services may give you notice of such changes by posting such changes within the Sports Voice Services web site
http://www.icpage.com or any of its Services web sites, by e-mail or by conventional mail (based on the address provided by you when you subscribed), that the ten (10) day time period begins to run when the notice is given, and that, by continuing to use the Services after the effective date of such changes, you agree to be bound by any such modified Terms and Conditions of the Services.
Billing and Payment
You agree to pay Sports Voice Services all rates and charges. A subscription to the Service may require a credit card number or voided check for billing, depending on your program. By providing your credit card information or a voided check, you grant Sports Voice Services authorization to submit charges to that credit card number of to debit your bank account for your use of the Service. The rates per term for Services are charged in advance of the upcoming term of service. All usage charges for "per minute" rates will be billed in arrears based on actual usage. Any other applicable charges (set up fee, payphone surcharges, taxes, over the limit charges, others) will also be billed to you. You acknowledge that the amount charged by Sports Voice Services may vary based on your usage of the Services. Direct billing is due upon receipt. Any unpaid charges after 30 days will be subject to a monthly service fee of the lesser of 1.5% of the outstanding balance, or the maximum legally allowable interest rate. If charges applied to your credit card or bank account are rejected Sports Voice Services reserves the right to assess a processing fee.
Annual Contracts
You acknowledge and agree that your Service will remain "AS IS" and will not be upgraded or downgraded during an annual term of service. Upon payment of the annual fee, whether for the initial year of Service or for renewal years, Sports Voice Services will not refund any portion of the annual fee for any reason. You agree that changes will not be made to your billing cycle until the end of your initial year of service. Sports Voice Services will automatically bill you in full for a renewal year of service if, after our 30 day, 60 day and 90 day notices provided to you, you do not request a different billing option or cancel your Service. In addition to the up-front annual fee, you will continue to receive a monthly bill for usage charges explained in the Billing and Payment section above.
Statements
You will have access to a Statement of Account for each month that you incur charges, detailing your usage during that month. The Statement is not a bill. Charge totals on your Statement may not agree with charges shown on your credit card or bank statement due to differences in statement cut-off dates. Direct billed users' bill will include a Statement. Unless you notify Sports Voice Services of any dispute regarding your Statement within forty-five (45) days (or such longer period required by law, if any) after the date the Statement was made available to you, or if direct billed the due date, the charges on the Statement will be deemed to be accepted by you for all purposes, including resolution of any inquiries made by your credit card issuer, if applicable.
Fraudulent and Abusive Use of the Services
Sports Voice Services helps protect you against fraudulent use of your Services with private user names and passwords, credit card verification upon sign up and daily and monthly usage limits. You are responsible for controlling access to and maintaining the security of your user name and password. You shall notify Sports Voice Services of any user names and passwords which are lost, stolen or suspected of being used fraudulently by contacting the phone number noted on your credit card invoice or Statement. You agree you will be liable for all charges incurred prior to and within thirty (30) minutes after you notify Sports Voice Services's Help Desk to deactivate suspect user names and passwords. You agree to not engage in or assist others in fraudulent or abusive use of the Services.
Cancellation
The Services will remain in full force until canceled by either party. Sports Voice Services may suspend, interrupt, or cancel your service at any time (i) without notice for non-payment, for any reason which in Sports Voice Services judgment may preclude it from receiving payment, or for any violation by you of these Terms and Conditions; or (ii) with notice for any reason, with or without cause. If you wish to cancel, call the phone number noted on your credit card invoice or Statement of Account. After any cancellation, you agree Sports Voice Services has authorization to initiate a charge if there is an outstanding balance. Sports Voice Services will not refund a prorated portion of monthly service fees in the event that you cancel Service part way through the month. Subsequent reinstatements of Service after cancellation may be subject to a Service reinstatement fee, at Sports Voice Services's discretion.
Indemnification and Release
You agree to indemnify and hold harmless Sports Voice Services and its directors, officers, affiliates, employees, agents, suppliers, subcontractors, and vendors from any damages, losses, obligations, liabilities, claims and expenses (including reasonable attorneys' fees and other costs and expenses of any suit, action, investigation, claim, or proceeding) of any kind whatsoever, sustained, incurred or required to be paid by Sports Voice Services by reason of or arising out of, directly or indirectly, your use of the Services, or the use of your Service account by another (whether or not authorized by you), including without limitation, any claim of libel, defamation, violation of rights of privacy or publicity. Sports Voice Services reserves the right to assume the exclusive defense and control of any such claim subject to indemnification, but, notwithstanding Sports Voice Services control of the defense of such claim, you will remain obligated under this indemnity.
Disclaimer of Warranty
You acknowledge and agree that Sports Voice Services has not made, and does not make, any warranty or guarantee with respect to the Service, whether express or implied, and that the Service is offered to you "AS IS" and "AS AVAILABLE". Without limitation of the foregoing, Sports Voice Services makes no warranty that the Service (i) is merchantable, (ii) is fit for a particular purpose, (iii) is or will operate "error-free", or (iv) is non-infringing of the rights of any third party. You acknowledge and agree that Sports Voice Services cannot and does not guarantee (i) that the Service will be available at all times, (ii) that voice mail, fax mail or e-mail messages or other services will be delivered or received within a particular time, or will be transmitted accurately, (iii) that voice mail, fax mail or e-mail messages will be stored for any particular time, or (iv) that each and every country will be accessible through its access numbers. You acknowledge and agree (i) that Sports Voice Services cannot and does not guarantee, and assumes no liability for, the security or confidentiality of data transmitted to or from the Service, (ii) that no computer system is immune from intrusion, (iii) that data transmitted to or from the Service may pass through many computer systems, and (iv) even encrypted data is only as secure as the encryption method used to protect it and may not offer complete security.
Limitation of Liability

YOU AGREE THAT Sports Voice Services WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSSES, LOST PROFITS, OBLIGATIONS, LIABILITIES, CLAIMS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND OTHER COSTS AND EXPENSES OF ANY SUIT, ACTION, INVESTIGATION, CLAIM, OR PROCEEDING) OF ANY KIND WHATSOEVER (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), SUSTAINED OR INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE OR THE USE OF YOUR SERVICE ACCOUNT BY ANOTHER (WHETHER OR NOT AUTHORIZED BY YOU), INCLUDING THE LOSS, DELAY OR INACCURACY OF ANY VOICE MAIL, E-MAIL OR OTHER MESSAGE OR SERVICE, ANY LOSS OF CONFIDENTIALITY OF ANY VOICE MAIL, E-MAIL OR OTHER MESSAGE INTENDED TO BE CONFIDENTIAL, OR AS A RESULT OF ANY SUSPENSION, INTERRUPTION OR CANCELLATION OF SERVICE (EVEN IF Sports Voice Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL THE AGGREGATE LIABILITY OF Sports Voice Services FOR ANY AND ALL CLAIMS (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO Sports Voice Services FOR SERVICE RENDERED IN THE MOST RECENT BILLING PERIOD.

Cooperation with Law Enforcement Agencies and Others: Access by Sports Voice Services
You agree that Sports Voice Services may cooperate with law enforcement authorities and/or injured third parties in the investigation of any suspected crime or civil wrong attempted or perpetrated by using, or attempting to use, the Service. You agree that it may be necessary for Sports Voice Services to examine any and all portions of the Service and Service sites, including, without limitation, accessing your mailbox, to cooperate in such investigations and also to resolve system problems or mail system errors, and you hereby consent to such examination.
Copyright/Trademarks
The trademarks, logos and service marks displayed on Service materials or any Service web sites are the property of Sports Voice Services, its affiliates and other parties. You agree that you may not use any such trademark, logo or service mark without the written permission of Sports Voice Services or such third party which may own them. You agree that the Service, and all programs, services, processes, technologies, designs, inventions, materials and software used by Sports Voice Services for or in connection with the Service are owned by and/or are proprietary to Sports Voice Services, and you agree not to duplicate, or attempt to duplicate, such Service, or provide any similar service, in whole or in part, directly or indirectly, alone or in cooperation with others; or to translate, reverse engineer, disassemble or de-compile any software used or owned by Sports Voice Services for or in connection with the Services.
Compliance with Laws
Your Service account may only be used for lawful purposes. You agree that your access to and your use of your Service account is subject to all applicable federal, state and local laws and regulations. Sports Voice Services reserves the right to identify and restrict same or substantially similar electronic mail messages, whether or not commercial, to a large number of recipients (sometimes known as spamming). Because Sports Voice Services has no practical ability to restrict all conduct, communications or content which might violate these Terms and Conditions prior to its transmission on Sports Voice Services systems, and because Sports Voice Services cannot ensure prompt removal of any such communications or content after transmission or posting, Sports Voice Services does not assume liability to you or others for any failure to enforce the terms of these Terms and Conditions.
Incorporation of Tariff
You acknowledge that Sports Voice Services network carriers may provide certain long distance and other telecommunications services to Sports Voice Services for use by you as a part of the Service. You agree that the terms and conditions (excluding rates and charges) of the applicable FCC Tariffs as modified from time to time are incorporated by reference and made a part of this Agreement. You agree to be bound by the terms and conditions of the Carriers' Tariffs with respect to the inter-exchange services portion of the Service.
Arbitration and Governing Law
Any dispute arising out of or related to these Terms and Conditions or the use of the Service by you (or by another person using your Service account, with or without your permission) shall be submitted to binding arbitration before the American Arbitration Association in Orange/Los Angeles County, California. You agree that all arbitration proceedings shall be before one arbitrator in Orange/Los Angeles County, California, and you waive any objections that might otherwise be available based on improper venue or forum non convenes. Discovery appropriate to the dispute between the parties and the desire of the parties for a prompt and efficient resolution of the dispute will be permitted. The arbitrator will be bound by these Terms and Conditions and applicable law, and the decision of the arbitrator will be binding on Sports Voice Services and you. The arbitrator will have the power to award costs and expenses (including attorneys fees) to the prevailing party. The arbitrator's decision may be enforced in any court of competent jurisdiction. These Terms and Conditions shall be governed by the laws of California applicable to agreements entered into and performed wholly in California.

Addendum - Regarding 800/888 Numbers Rentals

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Last Update : 08/15/2006