These Terms of Service (the "Terms") are a legal agreement between you and Interlinked Web Solutions LLC ("Interlinked", "we", "us" or "our"). They govern your use of the website at interlinkedwebsolutions.com (the "Website") and, unless a signed agreement says otherwise, the communication services we provide to business customers (the "Services").
Acceptance of these terms
By visiting the Website, submitting a form, creating an account or using any of the Services, you agree to these Terms and to our Privacy Policy. If you are acting for a company or another legal entity, you confirm that you have authority to bind that entity, and "you" refers to that entity. If you do not agree, do not use the Website or the Services.
The Services are offered to businesses and organizations. They are not intended for personal, family or household use.
Who we are
Interlinked Web Solutions LLC is a limited liability company. Company information is listed on the About Us page.
The website and the services
The Website describes our business and lets you contact us. The Services include web based voice (VoIP), fax, video conferencing, SMS messaging, push notifications, email delivery, live chat and related consulting, integration and support work.
Specific Services, prices, service levels and project scopes are set out in a proposal, order form, statement of work or master services agreement that both parties accept (an "Order"). If an Order conflicts with these Terms, the Order controls for that engagement. Where no Order exists, these Terms apply on their own.
Accounts and access
Some Services require an account. You must provide accurate information, keep it current and protect your credentials. You are responsible for everything that happens under your account, including activity by your employees, contractors and end users, unless it results from our breach of these Terms.
Tell us promptly through our contact form if you believe an account has been compromised. We may suspend access while we investigate.
Acceptable use
You agree to use the Website and the Services only for lawful business purposes. In particular, you will not, and will not allow others to:
- send calls, texts, faxes, emails, push notifications or chat messages without the consent, notices and records required by law, including the Telephone Consumer Protection Act, the Telemarketing Sales Rule, federal and state laws governing commercial email and fax advertising, and national or state do not call rules;
- record or monitor calls or meetings without the consent required in every applicable jurisdiction;
- transmit content that is unlawful, defamatory, fraudulent, threatening, obscene or infringing, or that contains malware;
- spoof caller identification, sender identity or message origin for a deceptive purpose;
- send unsolicited bulk messages, run phishing campaigns or generate traffic designed to manipulate carrier billing;
- interfere with the security or operation of the Services, probe or scan our systems without written permission, or bypass usage limits;
- resell or sublicense the Services unless an Order allows it; or
- use the Services where failure could lead to death, personal injury or severe environmental damage without a written agreement that addresses that use.
You are solely responsible for the content you transmit and for determining which laws, including industry rules such as HIPAA for protected health information, apply to your use. We may remove content or block traffic that we reasonably believe violates this section.
Emergency calling
VoIP service differs from traditional telephone service. Emergency calling (911) may not work, or may route to the wrong answering point, when there is a power outage, an internet outage, a device failure, or when a phone is used at an address other than the registered service address. You must keep your registered address current for every number and device, tell every user of the service about these limitations and keep an alternative way to reach emergency services. We are not liable for the unavailability or misrouting of emergency calls except where the law does not allow that limitation.
Fees and payment
Fees are stated in the applicable Order. Unless the Order says otherwise, invoices are due within thirty days of the invoice date, in United States dollars, and usage based charges are billed monthly in arrears. Late amounts may accrue interest at the lesser of one percent per month or the maximum rate allowed by law. Fees exclude taxes; you are responsible for sales, use, communications and similar taxes and regulatory fees, other than taxes on our income.
We may suspend Services for accounts that remain unpaid fifteen days after written notice.
Intellectual property
The Website, the Services, our software, documentation, designs and trademarks belong to Interlinked or its licensors and are protected by law. Subject to these Terms and the applicable Order, we grant you a limited, nonexclusive, nontransferable right to use the Services for your internal business purposes during the term of the engagement. No other rights are granted.
Custom work product created for you under an Order is owned as described in that Order. If an Order is silent, we retain ownership of our tools, libraries and know how, and you receive a perpetual license to use the deliverables for your business.
If you send us suggestions about the Services, we may use them without obligation to you.
Customer data
You own the content, contacts, recordings, transcripts, logs and other data you or your users submit through the Services ("Customer Data"). You grant us the right to host, process, transmit and display Customer Data as needed to provide, secure and improve the Services and to comply with law.
You are responsible for obtaining all rights and consents needed for us to process Customer Data, including consents required for call recording and for sending messages to recipients. How we handle personal information is described in the Privacy Policy. Where an Order requires a business associate agreement or similar data protection terms, those terms apply to the relevant Customer Data.
Carriers and third parties
The Services rely on telecommunications carriers, messaging aggregators, mobile platforms, email providers and hosting providers that we do not control. Their networks, policies and registration requirements (for example, campaign registration for business SMS) may affect delivery, cost and timing. We will act in good faith to work with these providers, but we are not responsible for their acts or omissions.
Links on the Website to third party sites are provided for convenience. We do not endorse and are not responsible for their content or practices.
Availability and support
We aim to keep the Services available continuously, but availability depends on networks and systems beyond our control, and we need maintenance windows. Service level commitments and support hours, where offered, are stated in the applicable Order. Absent an Order, the Services are provided without a service level commitment.
Disclaimers
EXCEPT AS EXPRESSLY STATED IN AN ORDER, THE WEBSITE AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE, OR THAT EVERY MESSAGE WILL BE DELIVERED.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, INTERLINKED AND ITS MEMBERS, OFFICERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE OR THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE EVENT THAT CAUSED THE CLAIM, OR ONE HUNDRED DOLLARS IF YOU HAVE PAID NOTHING. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITS MAY NOT APPLY TO YOU.
Indemnification
You will defend, indemnify and hold harmless Interlinked and its members, officers, employees and contractors from any claim, demand, fine, loss or expense (including reasonable attorney fees) arising out of Customer Data, your use of the Services in violation of these Terms or applicable law, messages or calls you send to third parties, or your violation of a third party's rights. We will notify you promptly of any claim and cooperate reasonably at your expense.
Suspension and termination
Either party may terminate an engagement as provided in the applicable Order. We may suspend or terminate access to the Website or the Services immediately if you materially breach these Terms, if required by law or a carrier, or if your use creates a security, legal or network risk. Where practical we will give notice first.
On termination, your right to use the Services ends, outstanding fees become due and we will make Customer Data available for export for thirty days unless the law or an Order requires otherwise. Sections that by their nature should survive, including fees, intellectual property, disclaimers, limitation of liability, indemnification and governing law, survive termination.
Governing law and venue
These Terms are governed by the state and federal laws applicable to our office, without regard to conflict of law rules. Subject to the Resolving disputes section, the state and federal courts serving that office have exclusive jurisdiction over any dispute arising out of or related to these Terms, the Website or the Services, and each party consents to personal jurisdiction and venue there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Resolving disputes
Before starting a lawsuit, each party agrees to send the other a written description of the dispute and to meet, by phone or video, within thirty days to try to resolve it in good faith. Either party may seek injunctive relief at any time to protect intellectual property or confidential information. Each party waives any right to a jury trial to the extent permitted by law.
Changes to these terms
We may update these Terms from time to time. The effective date at the top of this page shows when they last changed. For material changes affecting active customers we will give at least thirty days' notice by email or through the Services. Continued use after the effective date means you accept the updated Terms.
General provisions
These Terms, together with the Privacy Policy and any Order, are the entire agreement between the parties about their subject matter and replace prior discussions. If a provision is found unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them to an affiliate or a successor to our business. Neither party is liable for delays caused by events beyond its reasonable control, except for payment obligations. Notices to us must be submitted through our contact form; notices to you may be sent to the email address on your account. The parties are independent contractors.
Contact
For questions about these Terms, please use our contact form.