Last updated October 1, 2007
These Terms of Service constitute the agreement between Cosmo Cow and the user of Cosmo Cow products or services. Within these Terms of Service, Cosmo Cow may sometimes be referred to as ¡°we,¡± ¡°us,¡± or ¡°our¡± and the user may sometimes be referred to as ¡°you,¡± ¡°your,¡± ¡°user,¡± or ¡°customer.¡±
By subscribing to our service, using our service, or purchasing our products, you agree to these Terms of Service.
Service
Cosmo Cow service is not a telecommunications service. We provide it on a best efforts basis. Events beyond our control may affect our service, such as power outages, fluctuations in the internet, your underlying ISP or broadband service, or maintenance. We will act in good faith to minimize disruptions to your use of and access to our service.
Certain broadband, cable modem, and other services may be incompatible with our service. Cosmo Cow does not warrant that our services will be compatible with all or any broadband services and expressly disclaim any expressed or implied warranties regarding the compatibility of our service with any particular broadband service. Some providers of broadband service may provide modems that prevent the transmission of communications using our service. We do not warrant that our services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our service with any particular broadband service. We cannot determine if our service is compatible with the customer's broadband service provider's equipment. Even if our service should work with such broadband systems, we cannot guarantee that our service will continue to be compatible, due to the fact that broadband providers may change or upgrade their equipment from time to time.
You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, medical monitoring equipment, satellite television systems, and computer modems. You waive any claim against Cosmo Cow for interference with or disruption of these services and equipment.
Length of Service
We provide our service for 30 day terms. Your term begins on the subscription date, which is the date you first ordered service or the date we successfully process your payment, whichever is later. It is not the day you receive the equipment you ordered or the first time you use the service. You are purchasing our service for the full service term. The terms of this agreement automatically renew for the same term unless you call us to cancel your service before the end of your current service term. The renewal begins on the day after the last day of your term.
We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice. If you decide to disconnect service before the end of your current service term, you will be responsible for all the charges for your current term, including unbilled charges. In addition, if you disconnect service that is based on a commitment before the end of the commitment, you agree to pay us the applicable recovery fee. If we discontinue service generally, or disconnect your service without a stated reason, you will only be responsible for the charges that have accrued through the date of the disconnection, including a pro-rated portion of the final service term charges, and any recovery fees. All of charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.
Billing, Payment, and Refunds
We will bill you for each term of service. When you subscribe to our service, you must give us a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced on account of loss or theft. Except for usage-based charges, we will bill in advance to your payment method all charges, fees, taxes, and surcharges for each service term. Bills will be sent to the email address on record.
For usage-based charges, we will deduct from your account balance. Any amount left unused upon termination or disconnection of our services is forfeited and unrecoverable.
When you subscribe to our service, you authorize us to collect from your payment method. This authorization will remain valid until 30 days after you terminate our authority to charge your payment method. We will then charge you any disconnection fee and any other outstanding charges and disconnect your service. If we disconnect your service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection costs and attorney's fees.
If we are unable to collect from your payment method, your account will be suspended. If after 30 days we do not receive payment, your account will be closed and any remaining balance in your account will be forfeited and unrecoverable.
If you want to dispute any Cosmo Cow charges on your statement, you must notify us within 7 days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within 7 days, you waive any right to contest the charges.
Fees, Taxes, and Other Charges
We will publish on our web site the fees and charges. These fees and charges may change from time to time. We may introduce new products and services at special introductory pricing. At our discretion, we may change introductory pricing. We bill usage charges in full minute increments. We round partial minutes up to the next full minute, unless we state otherwise in the rate schedules on our web site. We bill fractional usage charges in full cents. We round up cents when the value is $.005 or more and down when the value is less than $.005, unless we state otherwise in the rate schedules on our website.
Equipment
You may be required to use certain equipment to use Cosmo Cow service and all of its features. The use and functionality of all equipment when used in connection with Cosmo Cow service is governed by these Terms of Service. Except as set forth in these Terms of Service, Cosmo Cow is not responsible for providing or repairing or replacing any equipment, unless agreed otherwise by the Company in writing. You must seek repairs or replacement in accordance with manufacturer warranties, if any.
Equipment purchased or provided Cosmo Cow includes a one (1) year limited warranty. If there are any malfunctions within one (1) year of shipment, Cosmo Cow will replace the equipment under the following guidelines:
(i) A replacement device will be sent to you and you will be charged for the replacement device.
(ii) Upon receipt of the replacement device, you must return the inoperative device to Cosmo Cow.
(iii) Cosmo Cow will inspect the returned device and if determined that the malfunction was not caused by breakage, misuse, or negligence, you will be refunded the charge for the replacement device.
Emergency Dialing
Emergency dialing is not available with Cosmo Cow service at this time. The customer hereby waives any and all such claims or causes of action, arising from or relating to the use of Cosmo Cow services to contact emergency services personnel. The customer shall defend, indemnify, and hold harmless Cosmo Cow, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to the customer in connection with Cosmo Cow service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, the customer or any third party relating to the absence of the service provided hereunder, including specifically any claims arising out of the failure of Cosmo Cow to offer emergency services.
Prohibited Uses
Indemnification and Waiver of Claims
Indemnification. You shall defend, indemnify, and hold harmless Cosmo Cow, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, emergency dialing, or your device.
Waiver of Claim or Causes of Action. You waive all claims or causes of action arising from or relating to our emergency dialing service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.
Content. You are liable for all liability that may arise from the content you transmit to any person, whether or not you authorize it, using your service or device. You promise that you and anyone who uses your service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our service and the device.
Limitation on Warranties, Remedies and Liability
You agree that our services are provided "as is," except to the extent explained forthwith. We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service or device will be without failure, delay, interruption, error, degradation of voice quality, or loss of content, data, or information. Neither Cosmo Cow nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises equipment or for unauthorized access to, or alteration, theft, or destruction of, customer's data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of Cosmo Cow¡¯s or its service provider's or vendors' negligence. Statements and descriptions concerning our service or device, if any, by Cosmo Cow or Cosmo Cow¡¯s agents or installers are informational and are not given as a warranty of any kind. We will not give you credit for any interruption of Cosmo Cow service, including international calling services. We will not be liable for any delay or failure to provide service, including emergency dialing, at any time or any interruption or degradation of voice quality that is caused.
In no event will Cosmo Cow, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to access emergency service personnel through the emergency dialing service or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.
We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. Therefore, we are not responsible for whether they answer calls using our emergency dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result. Neither Vonage nor its officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, emergency dialing, or your device.
Our total liability under this agreement will not exceed the service charges for the affected time period.
Privacy
Please refer to our privacy policy here.
Legal
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive. If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any other third party beneficiary rights. You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions. This agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and Cosmo Cow. This agreement governs your use of our service, and the use of our services by the members of your household and your guests and employees. This agreement supersedes any prior agreements between you and Cosmo Cow. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
Changes To This Agreement
We reserve the right, at our discretion, to change, modify, add, or remove portions from this agreement at any time by posting such changes here. By subscribing to our service, you agree that we may provide to you required notices, agreements, and other information concerning Cosmo Cow, including changes to this agreement, by use of electronic communications which will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. When posted, this agreement supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of your device. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Cosmo Cow services.
Copyright and Trademark
Cosmo Cow logo, trademark, service mark, website content, print materials, and Cosmo Cow comics are the sole and exclusive property of Cosmo Cow.
