Phone Number Monitoring Terms of Service

These terms of service (the “Agreement”) govern Subscriber’s (as defined below) use of the Phone Numbering Monitoring (“PNM” or “Service”) provided by AcrossCommunications, Inc., 5125 County Road 101, Suite #100, Minnetonka, MN 55345 (the “Provider”).

  1. Subscription Period: This Agreement shall immediately become effective upon Subscriber indicating its assent by clicking “I AGREE” to the terms and conditions herein. This Agreement shall continue to be effective for such time (“Subscription Period”) as Subscriber complies with the terms and conditions herein, or is terminated by either party upon provision of prior written notice to the other party.
  2. Conditions of Use:
    1. Subscriber shall not cause robots, crawlers, or other automated processes of similar capability to access the Service in any manner.
    2. Subscriber shall not use, nor in any manner cause, an unreasonable load on Provider’s Service systems, nor onto any third party systems, which Subscriber directs Provider’s Service to access.
    3. Premium Zone Numbers apply to certain country call-destinations.  Access may be requested by faxing to 888-794-3554 a copy of this Agreement, and a copy of the front and back of the Subscriber’s card credit used to pay for the Service.
    4. PNM user accounts that exceed 300 call credits per month are required to submit via fax to PNM at 888-794-3554 a signed Terms of Service Agreement and a copy of the front and back of the user's credit card on file with Phone Number Monitoring. Failure to comply will result in suspension of services.
    5. Subscribers that exceed 300 call credits during a given month during the Term are required to fax to 888-794-3554 a signed copy of this Agreement and a copy of the front and back of the Subscriber’s card credit used to pay for the Service. Failure to comply with this requirement will result in the suspension of Subscriber’s access to the Service.
  3. Payment:
    1. Subscriber’s credit card will be used for payment of all fees incurred by Subscriber’s use of the Service. Unless otherwise agreed in writing, Payment will be processed on the first of every month for the current month of Service.
    2. Late Payments: Without prejudice to Provider’s remedies available at law, Provider shall have the right to impose on Subscriber an 18% APR charge, or the maximum rate allowable by law, whichever is greater, on any amount not made when due.
  4. Taxes: All amounts payable pursuant to this Agreement are (i) exclusive of any sales or use taxes, value added tax (VAT), goods and services tax (GST) or any and all similar taxes or legally imposed fees, duties, or contributions based upon such amounts payable, all of which shall be the sole responsibility of Subscriber. Should Provider incur any tax liability due to Subscriber’s failure to comply with this provision, Subscriber’s credit card will be used to reimburse the Provider.
  5. Non-Use Suspension:Should Subscriber’s account lack a log-in record, payment or lack monitoring activity for a period of six-months or more, it may be immediately cancelled by Provider without liability. If any credits remain on the Subscriber’s account at the time of cancellation, credits will not be refunded.
  6. Termination for Breach: In the event Subscriber fails to cure a breach, if curable, within 30 days of the date of notice from Provider, the latter shall have the right to immediately terminate the Agreement without prejudice to its other rights and remedies available under the law. Subscriber shall be liable for Provider’s reasonable costs and attorney’s fees that Provider incurs in any action to enforce its rights hereunder.
  7. Confidentiality: Subscriber acknowledges that the Service contains information that Provider considers to be confidential and proprietary. Such confidential and proprietary information includes, but is not limited to, the methods of Service delivery, Service pricing, Service features and planned Service enhancements. Any information learned or that Subscriber gains access to during use of the Service is confidential and proprietary (“Confidential Information”). Subscriber shall hold the Confidential Information in strict confidence, employ no less than reasonable measures of protection it at all times and shall not disclose the Confidential Information to any third party or exploit the Confidential Information for its benefit, or that of a third party, except as expressly permitted herein.
  8. Subscriber’s Warranty: without limiting any of the foregoing obligations, Subscriber represents and warrants that
    1. At the time of signing of this Agreement, and during the Term it is not, and will not, compete with Provider;
    2. It will comply with all applicable laws; and
    3. It will indemnify and defend Provider against any claim arising from Subscriber’s use of the Service.
  9. Governing Law and Venue: This Agreement is governed by and shall be construed solely in accordance with the laws of the State of Minnesota, without regard to its conflicts of law provisions. The parties hereby agree to submit to the exclusive personal jurisdiction and venue of the Federal Courts situated in Hennepin County, Minnesota.
  10. Headings: Paragraph headings are for convenience only and shall not limit in any way the scope or interpretation of any provision in this Agreement.
  11. Waiver: Only the party benefited by a term in this Agreement may waive enforcement of that term. Any such waiver shall be limited to the particular circumstance or event and shall not be deemed a waiver of any other term hereof or of the same circumstance or event upon any recurrence thereof.
  12. Severability: If any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, then such provision shall be deemed stricken for the purpose of the dispute in question, and all other provisions shall remain in full force and effect.
  13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, PROVIDER HEREBY DISCLIAMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICE IS PROVIDED ON AN “AS-IS, WITH-ALL-FAULTS” BASIS. UNDER NO CIRCUMSTANCES, AND UNDER NO THEORY OF LAW, SHALL PROVIDER BE LIABLE TO SUBSCRIBER FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, EVEN IF PROVIDER WAS ADVISED BY THE SUBSCRIBER OF THE PROBABILITY OF SUCH DAMAGES. THIS SECTION 13 IS A MATERIAL SECTION IN THE ABSENCE OF WHICH THE PARTIES WOULD NOT HAVE EXECUTED THIS AGREEMENT.
  14. Refund: Subscriber’s sole remedy for a breach by Provider is a refund of the then current month’s Service fees, minus any amounts then owed to Provider.
  15. Assignment: Subscriber shall not assign this Agreement to any third party, nor at any time make the Service available to any third party.
  16. Survival of Terms
    1. Confidential Information shall remain confidential for as long as Provider considers the information to be of confidential and proprietary nature.
    2. Subscriber’s indemnification and defense shall survive for 5 years following the expiration or termination of this Agreement.
    3. Subscriber’s tax obligation shall survive for 7 years following the expiration or termination of this Agreement.