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Mydivert.com End User License Agreement


Before reading the articles below, please take good notice of the following preliminary terms, which terms make use of some of the definitions as specified in Article 1 below:

Entering into this Agreement


This End User License Agreement constitutes a valid and binding agreement between Mydivert.com and You, as a user, for the use of the Mydivert.com website application. You must enter into this Agreement by checking the "I have read, and accept, the terms of service" option in order to be able to login and use the Mydivert.com website application. Furthermore, by using the Mydivert.com website application You agree to be bound by the terms of this Agreement and any new versions hereof.

Electronic Signatures and Agreement(s)


You acknowledge and agree that by checking the "I have read, and accept, the terms of service" option or similar buttons or links as may be designated by Mydivert.com to show Your approval of any foregoing texts and/or to use the Mydivert.com website application, You are entering into a legal binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Mydivert.com website application. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

Jurisdiction's Restrictions


If You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and use the Mydivert.com website application. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use website application for internet telephony, You may not enter into this Agreement and You may not use the Mydivert.com website application. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the Mydivert.com website application is allowed.

Definitions


In this Agreement the following capitalized definitions are being used, singular as well as plural.

Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, Mydivert.com. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.

Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.

API: application program interface that is included in or linked to the Mydivert.com website application.

Documentation: any online or otherwise enclosed documentation provided by Mydivert.com.

Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or by using the Mydivert.com website application.

IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the Mydivert.com website application, the Documentation, the Mydivert.com Website or the Mydivert.com Promotional Materials.

Mydivert.com: A trademark of voipfree, a company owned by webdream solutions Ltd. established under the laws of ireland.

Mydivert.com Promotional Materials: any and all names, signs, logos, banners and any other materials, in whatever form, owned and/or used by Mydivert.com for the promotion of its company, its products and activities.

Mydivert.com website application: the website application 'Mydivert.com' for internet telephony applications, including without limitation the API, UI and Documentation, as well as any future programming fixes, updates and upgrades thereof.

Mydivert.com Staff: the officers, directors, employees and agents of Mydivert.com or its Affiliates, or any other persons hired by Mydivert.com or its Affiliates in relation with the execution of this Agreement.

Mydivert.com Website: any and all elements and contents of the website available among other URL's- under the URL www.Mydivert.com.com, from which website the Mydivert.com website application can be accessed.

UI: the user interface of the Mydivert.com website application.

You: you, the end user of the Mydivert.com website application, also used in the form 'Your' where applicable.

No Modifications


You will not undertake, cause, permit or authorize the modification or hacking of the Mydivert.com website application.

New Versions of the Mydivert.com website application


Mydivert.com, in its sole discretion and without notice, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Mydivert.com website application.

Confidentiality and Privacy


Your Confidential Information and Your Privacy. Mydivert.com is committed to respecting Your privacy and the confidentiality of Your personal data. The Privacy Policy that is published on the Mydivert.com Website applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s).

Communication and Your Use of the Mydivert.com website application


Using the Mydivert.com website application enables You to communicate via voip forwarded calls. Mydivert.com cannot guarantee that You will always be able to communicate with callers, nor can Mydivert.com guarantee that You can communicate without disruptions, delays or other communication-related flaws. Mydivert.com will not be liable for any such disruptions, delays or other omissions in any communication experienced when using Mydivert.com website application.

No Control


You acknowledge and understand that Mydivert.com does not control, or have any knowledge of, the content of any communication(s) spread by the use of the Mydivert.com website application. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, indecent or otherwise objectionable. Mydivert.com will not be liable for any type of communication spread by means of the Mydivert.com website application.

No Emergency Services


You expressly agree and understand that the Mydivert.com website application is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency service. Mydivert.com, its Affiliates or Mydivert.com Staff are in no way liable for such emergency calls.

Lawful purposes


You acknowledge and agree to use the Mydivert.com website application solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Mydivert.com website application or the communication, or (c) send any unsolicited commercial communication not permitted by applicable law.

Account Termination


You acknowledge and agree that Mydivert.com, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the Mydivert.com website application, or terminate any license hereunder, at any time. Mydivert.com also may suspend or terminate any license hereunder and disable any Mydivert.com website application account You may already have accessed without prior notice at any time.

Term and (Consequences of) Termination of Agreement


This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Mydivert.com or You as set forth below.

Termination by Mydivert.com. Mydivert.com may terminate this Agreement at any time, with or without cause, by providing notice to You and/or by preventing Your access to the Mydivert.com website application, as set forth above.

Termination by You. You may terminate this Agreement at any time, with or without cause, provided that You will meet with the conditions as set forth below.

Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the Mydivert.com website application shall terminate, and (b) will cease any and all use of the Mydivert.com website application. You also ackowledge that in the event of termination remaining account credit cannot be refunded.


THE Mydivert.com website application IS PROVIDED 'AS IS' WITH NO WARRANTIES WHATSOEVER; Mydivert.com DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE Mydivert.com website application, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. Mydivert.com FURTHER DOES NOT REPRESENT OR WARRANT THAT THE Mydivert.com website application WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES Mydivert.com WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE Mydivert.com website application.

You acknowledge and agree that the entire risk arising out of the use or performance of the Mydivert.com website application remains with You, to the maximum extent permitted by law.

As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.

Limitation of Liability


The Mydivert.com website application is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT Mydivert.com, ITS AFFILIATES AND THE Mydivert.com STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE Mydivert.com website application, AS SET FORTH BELOW.

IN NO EVENT SHALL Mydivert.com, ITS AFFILIATES OR THE Mydivert.com STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE Mydivert.com website application, EVEN IF Mydivert.com, ITS AFFILIATES OR THE Mydivert.com STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Mydivert.com website application IS TO CEASE USE OF SUCH Mydivert.com website application.

As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.

General Provisions


Mydivert.com reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the Mydivert.com Website. Your continued use of the Mydivert.com website application shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.

The terms and conditions of this Agreement constitute the entire agreement between You and Mydivert.com with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.

The failure of Mydivert.com at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Mydivert.com.

You are not allowed to assign this Agreement or any rights hereunder.

Mydivert.com is allowed to at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.

This Agreement shall be governed by and construed in accordance with the laws of Ireland without giving effect to the conflict of laws or provisions of Ireland or Your actual state or country of residence.

Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of any court of Ireland sitting in Ireland.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING USE THE Mydivert.com website application, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONSITIONS AND GRANT TO Mydivert.com THE RIGHTS SET FORTH HEREIN

Unreasonable Use


1. It is unreasonable use of Mydivert.com Services where Your use of Mydivert.com Services is reasonably considered by Mydivert.com to be fraudulent or to adversely affect the Mydivert.com Network or other Mydivert.com customers' use of or access to a Mydivert.com Service or the Mydivert.com Network.

2. It is unreasonable use of the DID telephone numbers where it is reasonably considered by Mydivert.com to be fraudulent or to adversely affect the Mydivert.com Network or other Mydivert.com customers' use of or access to a Mydivert.com Service or the Mydivert.com Network.

Our rights


If MyDivert.com consider an account to be in breach of our unreasonable use policy Mydivert.com may terminate your account, or deny the use of the Mydivert.com service or features of it.

DalPay Retail - Credit Card Payments


DalPay Retail is an authorized retailer of products and services from webdream solutions ltd. dalpay.is +18778657746 may appear on your card statement. Some banks and credit or +debit card issuers may charge you an international processing fee. This international service fee is controlled and charged by your bank, or card issuer not by webdream solutions ltd or our payment processors. Please refer to INTLServiceFee.com.

Last revised: Sept 2012.
 
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Mydivert.com End User License Agreement