The following terms and conditions govern all use of the Noise.host website and all content, services and products available at or through the website, (taken together, the “Service”). The Service is owned and operated by Noise (“Noise”), a division of Shivtr [http://shivtr.com] (“Shivtr”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Noise's Privacy Policy) and procedures that may be published from time to time on this site by Noise (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Service. If these terms and conditions are considered an offer by Noise, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.

Your Noise Account

If you create an account on the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Noise of any unauthorized uses of your account or any other breaches of security. Noise will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Without limiting any of those representations or warranties, Noise has the right (though not the obligation) to, in Noise’s sole discretion (i) refuse or remove any content that, in Noise’s reasonable opinion, violates any Noise policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Noise’s sole discretion. Noise will have no obligation to provide a refund of any amounts previously paid.

Payments

By signing up for a subscription, you agree to pay Noise the applicable subscription fees. Unless you notify us before the end of your subscription period that you wish to cancel, your subscription will renew automatically. You authorize us to charge any then-applicable fees to your credit card or other payment method we have on file for you.

Cancellation

You are solely responsible for properly cancelling your subscription. You can cancel your subscription at any time by logging in to noise.host and going to the billing page for your voice server. An email or phone request to cancel your subscription is not considered cancellation. Your cancellation will take effect at the end of your subscription period and you will not be charged again.

Refund Policy

We want you to love everything you do at Noise, so we're happy to refund payments you have made within 30 days of purchase. To request a refund, please email us at support@noise.host.

Limitations on Automated Use

You may not, without express prior written permission, do any of the following while accessing or using the Services: (i) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Noise and/or its service providers; (ii) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (iii) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (iv) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.

Responsibility of Visitors

Noise has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Noise does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Noise disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Noise.host links, and that link to Noise.host. Noise does not have any control over those non-Noise websites and webpages, and is not responsible for their contents or their use. By linking to a non-Noise website or webpage, Noise does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Noise disclaims any responsibility for any harm resulting from your use of non-Noise websites and webpages.

Copyright Infringement

As Noise asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Noise.host violates your copyright, you are encouraged to notify Noise in accordance with Noise’s Copyright Policy. Noise will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Noise will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Noise or others. In the case of such termination, Noise will have no obligation to provide a refund of any amounts previously paid to Noise.

Intellectual Property

This Agreement does not transfer from Noise to you any Noise or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Noise. Noise, Noise.host, the Noise.host logo, and all other trademarks, service marks, graphics and logos used in connection with Noise.host, or the Service are trademarks or registered trademarks of Noise or Noise’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Noise or third-party trademarks.

Changes

Noise reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Noise may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Noise may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Noise.host account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Service is provided “as is”. Noise and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Noise nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

Limitation of Liability

In no event will Noise, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Noise under this agreement during the twelve (12) month period prior to the cause of action. Noise shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Noise Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Noise, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Noise and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Noise, or by the posting by Noise of a revised version. This Agreement, and any access to or use of our Service will be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with this Agreement or the use of our Service. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Noise may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.