OUR TERMS OF SERVICE
Silv Communication (“Silv”) makes available for your use on its websites (“Website” or “Site”) information, documents, software and products (collectively “Materials”) and various services offered by “Silv” (each a “Service” and collectively “Services”) subject to the terms and conditions set forth in this document (“Terms of Service”). By accessing or using this Site, which includes your access to or use of any Materials or Services, you agree to be bound by these Terms of Service. If you do not wish to be bound by these Terms of Service, you may not access or use the Site, Materials, or any of the Services. By using the Materials or Service, you are agreeing to be bound by these Terms of Service.
“Silv” may modify the Materials, Services and Terms of Service at any time without notice and such modifications shall be deemed effective immediately upon making such changes. Additionally, when using particular Services or Materials, you shall be subject to all posted agreements, guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Service. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
Service is offered on a prepaid basis for “Silv UNLTD” accounts and will be charged on the first of every month. Service is offered on a monthly basis for all “Silv” Monthly accounts for a term which begins on the date that “Silv” activates your Service and ends 30 days later. For “Silv” Monthly accounts, subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give “Silv” written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. “Silv” Monthly accounts purchase the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term. Due to our verification process, all funds may not be available for immediate use.
If you have subscribed to one of “Silv”‘s consumer services (“Silv”UNLTD, “Silv”International, or “Silv”Long Distance), the Service is provided to you as a Businessl user, for your personal, business and non-professional use. A 30 day refund policy is in place if you wish to terminate our service. This only applies when a new sign up occurs and inside 30 days. This means that you are not using them for any telemarketing or sales activities, including but not limited to sales, tele-commuting, tele-marketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal business usage patterns. This also means that you are not to resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express written permission from “Silv” in advance. You agree that your use of the Service, or the use of the Service provided to you by any other person for any commercial or governmental purpose will obligate you to pay “Silv”‘s higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. “Silv” reserves the right to immediately terminate or modify the Service, if “Silv” determines, in its sole discretion, that your Service is being used for non-residential or commercial use.
If you have subscribed to “Silv”‘s Small Business services, the Service and Materials are provided to you as a small business user. A 14 day refund policy is in place if you wish to terminate our service. This only applies when a new sign up occurs and inside 14 days.This means that you are not to resell or transfer the service or Materials to any other person for any purpose, without express written permission from “Silv” in advance. You agree that the “Silv”‘s Small Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. “Silv” reserves the right to immediately terminate or modify the Service, if “Silv” determines, in its sole discretion, that your Service is being used for any of the aforementioned activities.
“Silv” charges you in advance for every Service. For “Silv”Monthly accounts and other recurring accounts (“Recurring Service”) “Silv” only accepts payments by credit card or Direct Billing. Your initial use of the Recurring Service authorizes “Silv” to charge the credit card account number on file with “Silv”, including any changed information given “Silv” if the card expires or is replaced, for “Silv” charges that accrue during the billing cycle. This authorization will remain valid until 30 days after “Silv” receives your written notice terminating “Silv”‘s authority to charge your credit card. Upon payment verification, you may be required to submit additional documentation establishing your identity and place of residence in order to have your Service activated. “Silv” may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with “Silv” is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to “Silv” for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by “Silv” owing to your non-payment, such as (but not limited to) collection costs and attorney’s fees.
By using the Service, you authorize that any charges incurred from the use of the Service shall be debited from your “Silv” account. You hereby agree that you are responsible for payment of all applicable charges on your call detail report incurred as a result of the use of your “Silv” account for the Service, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. All funds in your “Silv” account may not be available for immediate use due to our verification process. “Silv” will not offer any refunds or reimbursements for the purchase price of accounts for the Services. Any fraudulent action by the user to avoid payment will be prosecuted to the fullest extent of the law. If “Silv” suspects fraudulent use of your “Silv” debit account, it may suspend or terminate your “Silv” debit account without notice.
You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree to notify “Silv” immediately, in writing or by calling the “Silv” support line, if you become aware at any time that your Service is being stolen or fraudulently used.
“Silv” recommends that you routinely review your online account history to ensure its accuracy.
If you register for one of our pay services, you agree to be responsible for payment of all applicable charges incurred as a result of your use of the “Silv” pay services, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Call times for each international call are rounded up to the next whole minute and billed in 60 second increments. Per call charges are rounded up to the next whole cent. All international calls for which we receive answer supervision shall incur a minimum one-minute charge. “Silv” relies on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. You must notify us in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of “Silv” (collectively “Marks”) are and shall remain the exclusive property of “Silv” and nothing in these Terms of Service shall grant you the license to use such Marks.
All Services and/or Materials found in the Website are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Services and/or Materials found on the Website is strictly prohibited, without the express, prior, written consent of “Silv”. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
Use of Software
The software that is made available to download from this Site is the copyrighted work of “Silv” and/or its suppliers and partners. Use of such software is governed by these Terms of Service and the terms set forth in the applicable End User License Agreement. You may not reverse engineer, decompile or otherwise attempt to discover the source code of the software available on the Website. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
EXPORT CONTROL LAWS
The export and re-export of “Silv” Materials are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Materials to any destination requiring such a license. In addition, the Materials may not be exported or re-exported (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (c) any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. By downloading or using the Materials you are certifying that you are not a national of one of the above-listed countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
You agree to use the Materials and Services for lawful purposes only. You are prohibited from posting on, or transmitting through, the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct. If “Silv” believes, in its sole discretion, that you have engaged in any of the foregoing conduct, “Silv” may, (i) remove such content from the Site; (ii) terminate or suspend your account or use of the Services and Materials; and/or (iii) forward the offensive materials, your communications with “Silv”, and your personally identifiable information to the proper authorities for investigation or prosecution.
WARRANTIES AND DISCLAIMERS
HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL ENABLE YOU TO LEAVE “Silv”‘S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF “Silv” AND “Silv” IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. “Silv” IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY “Silv” OF THE SITE. “Silv” AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. ALL SERVICES AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED “AS IS”. “Silv” DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES OR MATERIALS, ANY TRANSACTION PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, OR AS TO THE QUALITY OF THE CALL. “Silv” SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. “Silv” DOES NOT WARRANT THAT THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES “Silv” WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. “Silv” DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, MATERIALS AND THE INTERNET.
Statements and descriptions concerning the Service, Software or Materials, if any, by “Silv” or “Silv”‘s agents or installers are informational and are not given as a warranty of any kind.
LIMITED ONE MONTH WARRANTY FOR DEVICES
If you purchased a hardware device new from “Silv” and the device included a limited warranty at the time of purchase, you must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. You are entitled to replacement in the event of any defect on our part and no physical damage is visible and after our Engineers approve the claim.
EMERGENCY 9-1-1 CALLS
EMERGENCY 9-1-1 CALLS ARE IN PLACE FOR OUR CONSUMERS. WE ARE NOT INTENDED TO SUPPORT OUR WHOLESALE AND RESELLERS UNLESS WRITTEN AGREEMENTS ARE MADE ON E911 SERVICES AND OTHER CALL DIRECTING FACILITIES SUCH 411.OUR CONSUMER WILL BE LIABLE FOR SUCH CALLS OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE MATERIALS OR SERVICES OR YOUR FAILURE TO UPDATE YOUR INFORMATION REGARDING E911 SERVICE.
LIMITATION OF LIABILITY
IN NO EVENT WILL “Silv” BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF “Silv” OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE.
You agree to indemnify, defend and hold “Silv”, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your improper use of any Services or Materials, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of “Silv” and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
You agree that “Silv”, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services or Materials, for any reason, or no reason at all. “Silv” may also in its sole discretion and at any time discontinue providing the Materials, Services, or any parts thereof, with or without notice. You agree that any termination of your access to the Services or Materials may be effected without prior notice, and acknowledge and agree that “Silv” may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that “Silv” shall not be liable to you or any third-party for any termination of your access to the Services or Materials.
If you need to return a new hardware device purchased directly from “Silv”, user must obtain a Goods Return Authorization Number (GRA) from “Silv” to set up a return or exchange by email or by calling the “Silv” support line. Returns will not be accepted without a Pre-Authorized GRA Number and must be sent back as follows: (i) with a copy of the proof of purchase and original packaging, (ii) the contents must be undamaged and in original condition, and (iii) all documentation and packaging materials must be returned. Full refunds are given for any hardware devices purchased directly from “Silv” if returned to “Silv” within 30 days of the original invoice date and original shipping charges are non-refundable. If items are returned in a damaged condition there may be a restock fee 15% or the return may be refused by “Silv”, in its sole discretion. All new hardware devices sold by “Silv” are sold with the manufacturer’s limited warranty; you must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. The warranty period and service varies by manufacturer and such device. Any items purchased through a third party partner of “Silv” and not directly from “Silv” will be subject solely to the terms and conditions of such third party’s return and warranty policies.
Any dispute or claim between User and “Silv” arising out of or relating to the Service or Materials provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator’s decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and User will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. User acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
GOVERNING LAW; JURISDICTION
These Terms of Service shall be governed and construed in accordance with the laws of the State of California. You agree that in any legal action or proceeding between you and “Silv” for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction in the state and federal courts of California and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Services or Materials must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. “Silv”‘s failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. “Silv” may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
PERSONAL INFORMATION AND PRIVACY
SPAM includes, but is not limited to, unsolicited emails and/or postings in discussion groups, bulletin boards, and other public domain groups. SPAM messages are generally prohibited by most network providers and certain jurisdictions and those users employing them may be subject to fines and/or imprisonment. “Silv”.com does not allow its members to utilize SPAM messages. The company will automatically terminate all spamming accounts.