Terms and Conditions

Monster Conferencing Conference Call TM Terms and Conditions

This Agreement is between Monster Conferencing (California) ("monstertel") and you ("you" or "Customer"), as a user of Monster Conferencing services (the "Service"), and governs the terms and conditions of your use of the Service. This Agreement, together with any operating rules, policies, price schedules, including the Terms and Conditions of Use for the Monster Conferencing Website, or other supplemental documents expressly incorporated herein by reference and published from time to time by Monster Conferencing (collectively, the "Agreement"), constitutes the entire agreement between Monster Conferencing and you regarding the Service, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. By using the Service, you confirm your acceptance of, and agree to be bound by, this Agreement.

1. The Monster Conferencing Call Manager TM

Monster Conferencing offers the Monster Conferencing Service at its website www.Monster Conferencing.com (together with other services owned and operated by Monster Conferencing, the "Monster Conferencing Website" or the "Site"). The Monster Conferencing Service enables no-hassle, web-based conference calling for individual and corporate users. Use of the Service is governed by this Agreement, the Monster Conferencing Privacy Policy and the general Terms and Conditions of Use for the Monster Conferencing Website .

 

2. Customer Responsibilities. A. You are fully responsible for the contents of your transmissions through the Service. Monster Conferencing merely acts as a passive conduit for you to use the Service and conduct or participate in conference calls. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Monster Conferencing reserves the right to take any action necessary or appropriate in its sole discretion if it believes your use of the Service may create liability for Monster Conferencing, compromise or disrupt the Service, or jeopardize Monster Conferencing's relationships with third party providers or suppliers. You agree: (i) to comply with all applicable local and foreign laws relating to the Service; (ii) not to use the Service for illegal purposes; (iii) not to interfere or disrupt networks connected to the Service; (iv) to comply with all regulations, policies and procedures of networks connected to the Service; (v) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (vi) not to use the Service to transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; (vii) not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Further, you shall not interfere with another Customer's use and enjoyment of the Service or another entity's use and enjoyment of a similar service.

B. You must (i) obtain and pay for all equipment and third-party services (e.g., Internet access, telephone connection and email service) required for you to access and use the Service; and (ii) maintain the security of all confidential information relating to your account with Monster Conferencing.
C. You shall be responsible for all charges resulting from your use of your use of the Service. In the event of any unauthorized use of your account or unauthorized charges, you must notify Monster Conferencing and you will be responsible for such unauthorized use or charges until you notify Monster Conferencing. You must also adopt any steps necessary to prevent its further unauthorized use of your account or unauthorized charges.

3. Charges.
From time to time, Monster Conferencing may offer either or both of the systems relating to charges for use of the Service:

(i) Prepaid. Under the Prepaid system, Conference calling minutes per call leg and/or other usage-based services as Monster Conferencing may introduce from time to time, are payable in advance by deposit of a fixed amount in accordance with the rates set by Monster Conferencing. This deposit will be due and payable immediately prior to your use of the Service. As a result, the first time you use or cause or allow others to use the Service, a deposit will be immediately charged to your credit or debit card without further authorization from you. Your deposit will thereafter be depleted based upon use of the conference-calling minutes per call leg and/or other usage-based charges, according to the rates for the Service. Thereafter, each time your deposit is depleted to $0.00, another fixed amount deposit in the same amount as the prior deposit will be immediately charged to your credit or debit card, without further authorization from you, which deposit will thereafter be depleted based upon your use of the Service and in accordance with applicable rates. You agree that Monster Conferencing may submit charges for these deposits without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Monster Conferencing reasonably could act on your notice. Upon notice from you to billing@Monster Conferencing.com that you have terminated this authorization, you will be entitled to a refund of any unused portion of your most recent deposit, unless at such time there are any outstanding charges resulting from use of any of the Services, in which case the remainder of your deposit will be applied to satisfy such charges.

(ii) Pay-as-You Use. Under the Pay-as-You Use System, Conference calling minutes per call leg and/or other usage-based services as Monster Conferencing may introduce from time to time are charged to your credit or debit card, in accordance with the rates set by Monster Conferencing, upon use of the Service. As a result, the first time you use the Service, the charges for such use shall be immediately charged to your credit or debit card and all further use of the Service will be charged without further authorization from you. You agree that Monster Conferencing may submit charges for use of the Service without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Monster Conferencing reasonably could act on your notice. Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your use of the Services is by credit or debit card and payment is not received by Monster Conferencing from the card issuer or its agents, you agree to pay all amounts due upon demand by Monster Conferencing. Each time you use, or allow or cause the Service to be used, you agree and reaffirm that Monster Conferencing is authorized to charge your designated card.

4. Billing and Payment.
A. You agree to pay all charges that may be required for use of the Service or other Monster Conferencing Services. If the payment method is by credit or debit card and payment is not received by Monster Conferencing from the card issuer or its agents, you agree to pay all amounts due upon demand by Monster Conferencing. All charges will be exclusive of value added ("VAT"), sales or other taxes, except as required by law. Monster Conferencing reserves the right to modify its prices, charges or fees, provided that any changes shall be posted on the Site. You are therefore responsible reviewing regularly the Site for information regarding fees and charges as well as changes to pricing. Continued use of or non-termination of the Service (or the other Monster Conferencing Services) shall be deemed to be acceptance of any posted changes in the prices for your use of the Service (and any of the other Monster Conferencing Services).

B. You agree Monster Conferencing may accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle and that Monster Conferencing may delay obtaining authorization from your credit or debit card issuer until submission of the accumulated charge(s). As a result, you understand that accumulated charges may appear on your credit or debit card statement. If you are utilizing the Service or any other Monster Conferencing Service under any special promotion, your debit or credit card will be immediately charged for any applicable service fees or charges, without further authorization from you and absent notification from you of your desire to terminate or cancel your account or the service, upon the expiration of any free trial period, or shall be charged any applicable additional fees upon expiration of any promotion.
C. Monster Conferencing may terminate or suspend your use of the Service or any other Monster Conferencing Service without notice in the event of any failure to pay any fees or charges for the such service, upon rejection by your credit card or debit card issuer of any charges or in the event the card issuer or its agents seeks reimbursement for payments previously made to Monster Conferencing and as to which Monster Conferencing believes such payments were proper. In addition, Monster Conferencing has the right to seek any other fees, damages, expenses or the like arising from your failure to pay Monster Conferencing for use of the Services or any other Monster Conferencing Service, including, but not limited to, fees charged to Monster Conferencing by any credit card issuer or its agent as a penalty for reversing any payment (i.e., a charge back fee) as well as collection fees and expenses, court costs, and attorney's fees. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Monster Conferencing.

D. You must promptly notify Monster Conferencing in the event of any changes to your account or billing information or in the event your charge card or debit card is canceled for any reason.

E. PLEASED BE ADVISED:
(i) You expressly agree that all charges for payment of the Service or any other Monster Conferencing Service are final and non-refundable. You are responsible for all charges resulting from your use of the Service or any other Monster Conferencing Service. Once you sign up for the Service or any other Monster Conferencing Service and provide a form of payment, Monster Conferencing will not provide you a refund for any charge made on your credit card, debit card or any payments.

(ii) If you believe that you have been improperly charged for the Service (or any Monster Conferencing Service), you must notify Monster Conferencing within 5 days of any invoice or credit card statement, provide Monster Conferencing any information necessary to review the claim, and Monster Conferencing will attempt to resolve the claim in a timely manner.

F. MONSTER CONFERENCING DOES NOT CONDONE FRAUD:

In the event of any unauthorized use of your account or unauthorized credit card charges or debit card charges, you must notify Monster Conferencing, and you will be responsible for such unauthorized use or charges until you notify Monster Conferencing. You must also adopt any steps necessary to prevent its further unauthorized use of your account or unauthorized charges.

G. To the extent you may purchase the Service under any subscription, upon expiration of any subscription for the Service, Monster Conferencing shall automatically renew your subscription and charge your credit or debit card. If you do not wish to renew the Service, you must notify Monster Conferencing at infocc@Monster Conferencing.com no less than 5 days prior to the expiration your subscription otherwise you shall be responsible for all fees and charges incurred for such renewal. In the event you in any manner violate these Terms and Conditions or the Privacy Policy or any other applicable Monster Conferencing policy, rule or conditions of use, Monster Conferencing shall have the right to terminate your account immediately, and you shall have no right to a refund of any Service fees or charges. While you may choose to terminate your account voluntarily at any time, you will not have a right to any refund of any service fees or charges.

5. Beta Test Obligations.
By installing and/or using this Service, you understand that the current version is still in the Beta Test stage and therefore may contain errors or defects or problems relating to compatibility with your operating system, programs or files. Monster Conferencing is hopeful that any problems that might exist are quite limited. However, as a condition to use of the Beta version, and without in any manner limiting paragraph 5 below with respect to any version(s) or update(s) of the Service, you agree to release Monster Conferencing, its parent, affiliates, directors, officers, employees, agents, representatives, licensors or suppliers, from any liability for any damage or harm that may be caused use of the Service in its current version or in any subsequent versions or updates. You also agree to notify concerning Monster Conferencing any and all problems you encounter in installing or otherwise using the Service.

6. Termination.
Either you or Monster Conferencing may terminate your account or use of the Service at any time, with or without cause, upon notice. In the event you choose to terminate your account, you shall remain responsible for charges or fees incurred by use of the Service prior to such termination, and you shall not have a right to a refund of any prepaid fees, services fees or other charges. Monster Conferencing reserves the right to terminate or suspend your account without prior notice, provided that Monster Conferencing will attempt to confirm such termination or suspension by subsequent notice.

7. Customer Representations.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Service (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

8. Modifications to Customer Agreement.
Monster Conferencing may automatically amend this Agreement (including the Privacy Policy and the Terms and Conditions of the Site) at any time by (a) posting a revised Agreement on the Site, and/or (b) sending information regarding the amendment to the email address you provide to Monster Conferencing. You are responsible for regularly reviewing the Site to obtain notice of any amendments, and you shall be deemed to have accepted such amendments by continuing to use the Service after such amendments have been posted or information regarding such amendments has been sent to you.

9. Modifications to Services.
Monster Conferencing reserves the right to modify or discontinue any of the Service with or without notice to you. Monster Conferencing shall not be liable to you or any third party should Monster Conferencing exercise its right to modify or discontinue the Service.

10. Disclaimer of Warranties and Limitation of Liability.
MONSTER CONFERENCING AND ALL SOFTWARE PROVIDED BY MONSTER CONFERENCING IN CONNECTION WITH THE SERVICE AND ANY OF THE OTHER MONSTER CONFERENCING SERVICES ("MONSTER CONFERENCING SOFTWARE") ARE PROVIDED "AS IS," AND NEITHER MONSTER CONFERENCING NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. MONSTER CONFERENCING DOES NOT WARRANT THAT ACCESS TO OR USE OF THE MONSTER CONFERENCING SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT MONSTER CONFERENCING SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. MONSTER CONFERENCING AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
YOUR USE OF THE SERVICE AND ALL MONSTER CONFERENCING SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING MONSTER CONFERENCING SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM MONSTER CONFERENCING. YOU AGREE THAT NEITHER MONSTER CONFERENCING NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE MONSTER CONFERENCING OR ANY MONSTER CONFERENCING SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF MONSTER CONFERENCING OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF MONSTER CONFERENCING AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICE AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SERVICE IN THE AVERAGE ONE MONTH PERIOD. YOU HEREBY RELEASE MONSTER CONFERENCING AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
NEITHER MONSTER CONFERENCING NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF MONSTER CONFERENCING'S OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY TO THE CUSTOMER OR TO CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF MONSTER CONFERENCING, IN EVALUATING THE MONSTER CONFERENCING SERVICES AND/OR PRODUCTS OF MONSTER CONFERENCING.
THE API AND TERMS OF USE MAY BE CHANGED AT ANY TIME AND WITHOUT PRIOR NOTICE.

11. Ownership; No Resale.
All programs, services, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Service are owned by Monster Conferencing and/or its licensors and service providers except where expressly stated otherwise. Your right to use the Services is personal to you, and you are prohibited from reselling the use of the Services.

12. Indemnification.

You agree to indemnify Monster Conferencing and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon your use of the Service, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited faxes.

13. Governing Law; Arbitration.

The laws of Hong Kong, Special Administrative Region, excluding its conflicts-of-law rules, shall govern all matters relating to this Agreement and use of the Site, the Service (and the other Monster Conferencing Services). The United Nations Convention on contracts for the international sale of goods is expressly disclaimed. Any controversy or dispute arising out of this Agreement, the interpretation of any provision hereof, or the action or inaction of any party hereto shall be submitted to arbitration in Hong Kong, SAR, in accordance with the International Arbitration Rules of the American Arbitration Association (the "AAA International Rules") then in effect, conducted by one arbitrator either mutually agreed upon by the parties to this Agreement or chosen in accordance with the AAA International Rules. Each party shall have no longer than three (3) days to present its position. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is resolved. Either party also may, without waiving any remedy under this Agreement, seek any interim or provisional relief that is necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy) and for the purposes of seeking such interim relief User shall consent to the exclusive jurisdiction of the courts of Hong Kong, SAR. The successful party to the arbitration or any litigation relating to this Agreement or the Services shall be entitled to an award for reasonable costs and attorney's fees, as determined by the arbitrators. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. The parties agree that the arbitrator shall have the power to award damages and injunctive relief.

14. Miscellaneous.

If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. The failure of Monster Conferencing to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement may not be amended except as provided in Section 6. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void.