UX DOLLAR MEETING TERMS OF SERVI

800Meet or 800Meet.com Meeting ( Software as a Service ) Terms of Service

By entering email address for, and/or using any service and associated software of 800Meet.com meeting or of Ux LTD. (a Cayman Islands company), or Your use of the Ux website (e.g. http://wroot.800meet.com), You agree to be bound by the following terms and conditions.

No 800Meet.com meeting and/or Ux LTD. services are available for any person under thirteen (13) years of age.
Ux LTD. reserves the right to change, update and revise the Terms of Service at its sole discretion by posting the most current versions at http://wroot.800meet.com/terms.html .

This is the legal agreement (“Agreement”) between You and Ux LTD. (“Ux”), for use of the Ux LTD. services which You selected or initiated, which may include the 800Meet.com meeting service-as-a-service (SaaS), and/or other services provided by Ux (“Services”). “You” refers to the individual or entity who (a) entered an email address or a name, or click a service URL-link to use the Services, and/or, (b) registered as an individual or on behalf of an entity, and/or, (c) provided Ux ( or its payment partner PayPal at http://www.paypal.com ) with credit card or other payment mechanism for the use of Services.

If You do not agree with the terms of this Agreement, do not host or join any internet meeting supported by the Services. Any software associated with the Services is protected by pending patents, copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1. SERVICES. Ux will provide the Services in accordance with this Agreement. Ux may at its sole discretion modify the features of the Services from time to time without prior notice.

2. RESPONSIBILITY FOR THE CONTENT OF COMMUNICATIONS.
You acknowledge and understand that the content of the communication spread by the use of the Services is entirely the responsibility of the person (including You) from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. Ux will not be liable for any type of communication spread by means of the Services.

Utilization of Your computer. Ux’s 800Meet.com meeting may utilize the processor and bandwidth of the computer (or other applicable device) You are utilizing, for the limited purpose of facilitating the communication between You and other Services users of Your meeting. The Services will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your communication, however Ux cannot give any warranties in this respect.

3. USE OF SERVICES
Ux may modify, suspend or discontinue the Services at any time, for any reason, at its sole discretion. Ux reserves the right to refuse service to anyone for any reason at any time.

4. PAYMENT ISSUES.

Ux 800Meet.com meeting is free, so Payment Issues, if any, may not apply.
Credit balance. To use payable 800Meet.com meeting (for 3+ users meetings) You need a positive and sufficient credit balance (in Your account). You must deposit sufficient credit in Your account through PayPal, or other means which may be made available by Ux ( e.g. at http://wroot.800meet.com/credit.html ). If You use PayPal, You agree that You will pay for PayPal transaction cost, which is $0.30 + 2.9% ( of amount of Ux Credit purchase). You agree that in the event Ux is unable to collect the fees owed to Ux for the Services through Your account, Ux may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Ux in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Ux may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

Credit expiration. A credit balance for Ux Credit in Your account expires 180 days after the last chargeable use of that Ux Credit. Ux Credit balances that are not used within this 180 day period will be forfeited.

Refund policy. There is no refund for Your unused Ux Credit. In the event You decide to terminate Your account(s) as permitted under this agreement, Your unused Ux Credit(s) will be forfeited. However, You may opt to continue this agreement until all Your unused Ux Credit(s) are used before You terminate Your account(s), and You have 180 days since the last chargeable use of that Ux Credit(s) to use Your unused Ux Credit(s) (before the latter unused Ux Credit(s) expires).

Payment. You shall pay Ux any applicable tariffs as stated on the website in connection with Your use of payable 800Meet.com meeting (for 3+ users meetings). Applicable tariffs for 800Meet.com meeting are available at http://wroot.800meet.com/rates.html . You will be able to pay with Your Ux Credit balance or with any other payment method available (to purchase Ux Credit for your account).
Charges for payable 800Meet.com meeting (for 3+ users meetings) shall be at a rate-per-minute-per-user (without a connection fee), as set out on http://wroot.800meet.com/rates.html . The duration of a meeting shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. If the number of users changes during a meeting, the total charge for the meeting will be the cumulative total of the user-minutes (for each minute of the meeting) multiplied by the rate-per-minute-per-user. (This formula in effect uses the weighted-average of the number of users for the meeting.) During the meeting, charges incurred will be deducted automatically from Your Ux Credit balance (in Your account).

Charges to Your account starts when a second client-attendee joins Your meeting ( for total users = 3 ), and the applicable tariff ( e.g. US$0.03 / minute / user for 3+ users ) will apply until (after) You end Your meeting, even if number of users drops to two (or even one, i.e. only You and no attendee) near Your meeting's end.

Maintain positive Ux Credit balance during Your (3+ users) meetings. You need to maintain a positive and sufficient Ux Credit balance throughout Your (3+ users) meetings. If Your Ux Credit balance becomes zero, Your meeting will be stopped. There will be up-to six “n”-minutes warnings ( where n = 30 / 15 / 10 / 5 / 3 / 1 (minutes), computed based on current meeting-participants-number ) before Your Ux Credit balance becomes zero, so that You can purchase more Ux Credit ( to avoid Your meeting being stopped due to zero Ux Credit balance ).

Change of tariffs. Ux may change the tariffs at any time without prior notice.
Before inviting (paid) 3+ users, you should test and be satisfied with 800Meet.com meeting performance with the (free) 2nd user (for your PC and your bandwidth to be used with your 3+ users meeting), as there is no refund of Ux Credit in connection with your use of (payable) 800Meet.com meeting (e.g. for 3+ users meetings).

5. NO COMMERCIAL USE.
No reselling. You agree not to resell the Services to any third party, or to use the Services for the development, production or marketing of a service or product substantially similar to the Services. You shall not use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the websites, the Services, or any network or networks connected to the Services.

6. PROPRIETARY RIGHTS.
Ux and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of Ux's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.

7. TERMINATION.
You may terminate this Agreement by providing written notice to Ux via e-mail to support@uuxx.com. Such termination will be effective as soon as Ux can process Your request. In the event of termination, there is no refund of any unused Ux Credit for Your account as detailed in Section 4 “Refund policy” above. If You fail to comply with any provision of this Agreement, Ux may terminate this Agreement immediately without notice (and Your unused Ux Credit will be forfeited). Sections 2 through 12, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, You must cease any further use of the Services and destroy all copies of associated software within Your possession and control.

8. EXPORT RESTRICTIONS.
You acknowledge that the Services, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

9. INJUNCTIVE RELIEF.
You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Ux, its affiliates, suppliers and any other party authorized by Ux to resell, distribute, or promote the Services ("Resellers"), and under such circumstances Ux, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

10. DISCLAIMER OF WARRANT.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UX, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES IS BORNE BY YOU.

Indemnity. You agree to defend, indemnify, and hold harmless Ux, its officers, directors, employees, and its affiliates, suppliers and resellers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Service or Your violation of this Terms of Service, applicable law or rights of any third parties related to the use of the Services.

High risk activities. Without limiting the foregoing, the Services are not fault-tolerant, and are not designed or licensed for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Services could lead directly to death, personal injury, or severe physical or environmental damage. Without limiting the generality of the foregoing, Ux, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.

11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UX, OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION , DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF UX, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY AND REMEDIES. IN ANY CASE, UX'S, ITS AFFILIATES', SUPPLIERS’ AND RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE PREVIOUS 12 MONTHS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

12. SKYPE DISCLAIMER.
This product contains certain non-functional components that are property of Skype Limited (Skype). Skype has licensed these components to the creator of this product "as is" and disclaims any express or implied warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. In no event shall Skype or its contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this product, even if advised of the possibility of such damage).

13. SEVERABILITY, NO ASSIGNMENT, GOVERNING LAW, ATTORNEYS FEES, ENTIRE AGREEMENT.
The failure of Ux to enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect. These Terms of Service apply to You and may not be transferred, assigned or delegated to anyone without the express written permission of Ux. Any attempt by You to assign, transfer or delegate these Terms of Service without the express written permission of Ux shall be null and void. These Terms of Service shall be governed by the law of California, USA, without regard to its conflicts of law provisions. If either Ux or You employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. These Terms of Service comprise the entire agreement between You and Ux with respect to the use of the Service and supersedes all prior agreements between the parties regarding the subject matter contained herein (including any prior versions of the Terms of Service).