Last updated on 25 May 2018.

1. Introduction

The website https://www.callcenterhosting.com/ (denoted here as “Website”) is the product of THE REAL PBX LIMITED (“The Real PBX”).
At THE REAL PBX LIMITED (“The Real PBX”), we respect your privacy and acknowledge that you have certain rights and we have certain obligations related to the information we collect from you. The Real PBX has put different procedures in place to meet the requirements of both the local and various international laws related to your privacy. This Privacy Policy (denoted here as “document” or “notice”) explains the privacy principles and practicies of The Real PBX (denoted here as “we”, “our”, “us”, or The Real PBX) for collecting, storing, using, and sharing of information that a user, a customer, a visitor of Website or Services, or a reader of this page (all denoted here as “you”, “user”, or “your”) provide when you take our services through our online portals, visit our Website www.callcenterhosting.com  (denoted here as “Website”), use our phone systems such as softphone or IP desk phones, and use our Mobile Applications. This document also describes your rights related to the usage, access, deletion, and correction of your information. The Real PBX Privacy Policy is applicable to our customers, the users of our customers (who take their services based on our products or services), users (who visit our Website, or use our Services, App or products), and anyone who reaches us or provide us with any information through our Website, Apps, or services. We recommend you read this Privacy Policy document entirely to get complete information. You can also use the navigation links given on the left side to browse through the sections.

2. Definitions

2.1 What personal data means?

The personal data means any information that helps directly or indirectly in the identification of any natural person. It may use or do not contain an identifier such as name, identification number, location details, an online identifier (such as email address, profile URL, and others), or any factor relevant to the social, cultural, economic, mental, genetic, physiological, or physical identity.

2.2 What is the sensitive personal data?

Sensitive personal data contains the above information but includes the following information specifically.

• Medical conditions
• Philosophical or religious beliefs
• Political opinions
• Ethnic or racial origin
• Convictions
• Any membership

2.3 What is Data Controller?

As per Article 4 of General Data Protection Regulation, the “data controller” determines the purposes and the manners to process the data.

2.4 What is Data Processor?

The “data processor” is either an organisation or a person who processes the personal data for the Data Controller.

2.5 What is the Data Processing?

It is an operation or set of operations performed upon personal data, or its sets, either manually or by automated systems. Article 4 in General Data Protection Regulation (GDPR) lists the Data Processing examples that include collection, storing, recording, structuring, organising, adapting, consulting, altering, retrieving, disclosing by transmission, using, disseminating or making available, combining or aligning, restricting, destruction, or erasure.

3. Information We Collect

3.1 Personal Data you provide

We collect the following information that you provide us directly when you use our Website, Apps, or Services.

• Title
• Name (including First Name and Last Name)
• Job Title
• Company Name
• Email Addresses
• Address
• Phone Numbers
• Usernames
• Information related to our services
• Marketing Preferences
• Credit Card, Banking, or other Payment Information
• Transactional Information
• Any communication, inquiry, or contact with us
• Other information you provide during the usage of our services

We use the above-mentioned personal data for that specific reason only for which you have provided it to us. If you want us to remove any personal information from our database, please contact us at privacy@callcenterhosting.com

3.2 Account Information

We collect the following information when you create an account with us, modify the account, set preferences, or make purchases.

• Contact Information
• Billing Information
• Self-picture or Profile Photograph
• Job Title
• Preferences
• Or other required information

3.3 Information we collect automatically

When you visit our Website, submit a query on the Website, use our Chat, or use other services, we automatically collect information from your device (such as computer or smartphone). NOTE: In some countries, including EEA (European Economic Area), this information is termed as personal data as per their data protection laws.

3.3.1 Usage Information

We track your activities when you visit our Website, use our Apps, or avail our Services. We collect following information during these activities and use them to make the proposed facility or service much better.

• Billing and payment details while making purchases on the Website
• Emails and other communications
• Device information such as hardware model, operating system, device identifier, phone number, and other configuration information
• Log information such as date/time stamp, operating system, browser details, content viewed on the Website, clickstream data (that helps in analysing the visited Web Pages and the order to visit them followed by a visitor), Internet Service Provider details, and other
• The Internet Protocol (IP) Address of device used to access our Website, Apps, or Services
• Communication logs such as SMS (text messages), voice broadcast, calls, and conferences taking place using our platform
• Metadata that contains information about other data, such as title, author, abstract, keywords, size, and others

3.3.2  Cookies and Other Similar Technologies

We may use cookies to collect the previously mentioned information. Moreover, we deploy similar technologies such as web beacons and others. Please view “CallCenterHosting Cookies Policy” for more information about the cookies and other technologies.

3.4 Information Obtained from Third-Parties

3.4.1 Information Received from Third-Parties for Marketing

We may collect the following information about the individuals from the public domain (such public databases or social platforms) and receive (purchase) it from third-parties to market our products.

• Name (including First Name and Last Name)
• Email Addresses
• Postal Addresses
• City and Country of office or residence

The collection, usage, storage, and processing of the above-listed information, and the marketing is performed in accordance with the applicable laws.

3.5 Information Received from Your-opted Third-Party Services

When you or your administrator link or integrate a third-party service with our Services, we may receive information that is controlled by your account or settings with the selected third-party service provider. It can be done for any purpose, such as accessing, storing, sharing, and editing content, connecting to calendaring services to allow you to manage the meetings, connecting to an address book service to allow you manage and use the contacts, and others. The information we receive from such third-parties during such integrations depends upon and is controlled by your account settings by third-party providers, your selected or their default permissions, and their privacy policy. We recommend you check the privacy policies and settings of your preferred third-party service providers to understand what all data will be shared with us during such integrations.

4. Usage of the Information

We may use your information to deliver our services, personalise your experience, run marketing campaigns with third-parties, and for other purposes listed hereinbelow. These include our services you have opted, the way you are using them, and your preferences either set in your account with us or communicated to us through any channel.

4.1 Delivering Services

We may use the information to deliver you our services or their parts, for which you have subscribed with us. We use the information to identify you as our customer, authenticate you as a registered user, process transactions, deliver your opted services, provide customer care support, and maintain our deliverables. For example, the name and picture provided in your account are used to identify you and the provided login credentials are used to authenticate your login at our Website.

4.2 Personalizing User Experience

Your information is used to personalise the user-experience and improve your productivity and collaboration when you visit our Website, use our Apps, or avail our services. We automatically analyse the activities of you and your added team members to deliver the most relevant notifications and other feeds, activity logs, recommendations, connections, and search results. If you are using our multiple services, we combine your information and activities to offer you a unique user experience overall. We may use the title of your name or domain name given in the email address to identify you or your affiliation with a specific organisation to personalise your experience and serve you relevant content when you visit our Website or use our services. We may combine your pre-selected user role (such as an administrator or regular user) and your activities to show the information (like feeds or search results) that are very important for you. Similarly, we may hide administrative details from a normal user.

4.3 Marketing with Third-Parties

We have partnered with third-party marketing service providers to run our marketing campaigns through different channels including email. Third-party marketing providers or we may use your information for marketing of our products, services, offers, and discounts only as per your pre-selected marketing preferences and applicable laws. You can opt-out from our email marketing campaigns by clicking “Unsubscribe” link given at the bottom of any promotional email.

4.4 Other Specific Purposes

In addition to service delivery, personalisation of your experience, and marketing, your information is used for the following purposes specifically.

• Delivering our Website, Apps, or Services to you and your users or customers
• Administration, operating, protection, and maintenance of our Website, Apps, or Services
• Analysing your usage of our Website, Apps, or Services for user analysis, traffic analysis, monitoring trends, marketing, and advertising
• Improving our Website, Apps, or Services to enhance the user experience
• Processing and completing the transactions related to your purchases
• Delivering the support to you when you contact us in case of any help related to our Website, Apps, or Services
• Responding to your requests and inquiries to provide you with the requisite information and services
• Sending you communications through email or text messages such as transaction confirmations, invoices, administrative communication, security notifications, technical updates, and alerts
• Detecting and preventing unauthorised access, fraudulent practices, and illegal activities related to our Website, Apps, or Services
• Target Advertising and Marketing Practices as per your preferences and law
• For other purposes for which we have received your consent either through preferences or other mediums

4.5 Legal Basis to process Personal Information of Users of European Economic Area

The legal basis to collect and process the personal information of users of the European Economic Area depends upon the type of concerned information and the purpose to collect it. The Real PBX usually collects your information, including personal data, with your consent only. We may need this information to deliver you the requisite information or service as per a contract with you, or where the processing of your information is in our legitimate interests and is not overridden by your freedom, fundamental rights, or data protection laws. The Real PBX also has the legal obligation as per law to collect and process your personal information. We may state the purpose to collect information at every instance, whenever we ask you to provide any personal information required either to offer you with your requisite service, or to enter in a contract with you, or to comply with a legal requirement. We may also advise you about the essentially required components of your information, including personal data, and consequences if you do not deliver the required information. The use of your information, including personal data, by our third-party partners or by us are already listed in the “Usage of the Information Section”. If your information is used for other purposes by our third-party partners or by us, we will notify you about the purpose and interests at that instance. If you need more information or have any query related to our legal basis to collect and use your information, contact us at privacy@callcenterhosting.com.

5. Sharing and Disclosing the information with Third-Parties

The Real PBX is not in the business of selling the personal information of anyone to third-parties including advertisers. Instead, we share your information with the third-parties only in the following situations.

5.1 Sharing Information with Our Other Users

When you start using our Services, we share some specific information related to you with our other Service users.

5.2 Sharing Information with Managed Accounts and Administrators

You register with our Services through an email address containing a domain name, which is owned by your organisation or employer. If such organisation may wish to create a site or an account, your information such as name, contact details, content, profile picture, and past usage of your account may be accessible to the administrator of that organisation and our other Service Users who are using the same domain name. If you are a group member, group owner, or administrator of a site or user group (created within our Services), your contact information may be shared to facilitate the Service-related requests with the group members who are present or past users of our Services.

5.3 Sharing Information with Third-Parties

We may share your information with the third-parties, who help us in operating, providing, improving, integrating, customising, delivering support, and marketing our Services.

5.3.1 Sharing Information with Our Service Providers

We may take services from third-party service providers for Website development, Application development, Website and Data Hosting, on-premises or virtual infrastructure, backup, storage, payments, analysis, and others. These services are necessary to run our operations. Our third-party service providers may need to access or use your information to deliver us our required services. Any access to our service providers to your information is made as per our close instructions, which are guarded by our policies and procedures to protect your personal information.

5.3.2 Sharing Information with Our Partners

We work with our third-party partners, who provide us technical services, sales, and consultation that enable us to deliver and implement the solutions related to our services. With your consent, we may share your information with our third-party partners as per their services.

5.3.3 Sharing Information with Third Party Applications

You, an administrator or another user on your behalf may install or integrate third-party applications within our Services to get a new functionality or to change the default behaviour of our Services. With such integration, opted third-party application may get access to your account information such as your name, email address, contact details, and any content that you select to use with that application. If you are billing, technical, or administrative contact for an account, your details may be shared with the third-party application providers upon such integration. We cannot control, and this Privacy Policy document does not cover how third-party application use your information. Therefore, before going for any such integration, we recommend you go through the privacy policies of such third-party application providers to know about their information and privacy handling practices. If you have any objection to share your information with such third-parties, please undo the integration by uninstalling the third-party app or using another medium.

5.3.4 Sharing Information with Third Party Review or Social Media Sites

We may ask you to share your feedback and rate us on the third-party online review and online social media Websites. If you already have created an account on such a third-party site, they already have access to your information. Or if you create an account yourself or upon our request, such a third-party review or social media site may get access to your information such as your name, email address, contact details, your profile name, your profile picture, and any content that you select to share or use with that site. We cannot control, and this Privacy Policy document does not cover how these third-party sites use your information. Therefore, before taking any such step yourself or upon our request (to rate our services there), we recommend you go through the privacy policies of such third-party sites to know about their information and privacy handling practices. If you have any objection to share your information with such third-party review or social media sites, please do not process our request or do not take your self-decision to rate us and write about us there. Our request to rate us on such third-party review or social media sites is not our endorsement of a linked service or site with them.

5.4 Sharing Information with Your Consent

We take your consent to share your information with the third parties for marketing purposes. Example: After taking your consent, we may share your name, picture, and feedback on our Website for marketing purposes.

5.5 Sharing Information with Our Affiliates

We may share and disclose your information to our affiliates, or prospects who could be our affiliate. Affiliated companies are owned or operated by us. Our information security procedures and privacy policy protect your information shared in such cases.

5.6 Sharing Information with Business Partners, Vendors, and Authorized Third Party Agents

We may share and disclose your information to our business partners, vendors, or authorised third-party agents for the following purposes.

• Enforcement of our acceptable use policy
• Marketing, operating, delivering, improving, and customising our Services
• Providing technical and other support
• Sending marketing and other communications
• In connection with acquisition, sale, merger, reorganisation, or financing with prospective or actual selected companies

5.7 Sharing Information to Comply with Laws, Compliances, and Enforcement Requests

We have to share your information, including your personal data, with Government bodies, regulatory authorities, law enforcement agencies, Courts, or other third parties only if we have a good-faith belief that use or sharing of your information is really necessary due to any of the following reasons.

• Comply with a legal obligation or process, law, regulation, compliance, Court order, or a Government request for any reason or to meet requirements of National Security
• Enforce our terms of services, policies, and agreements
• Protect the integrity and security of our Website, Apps, or Services
• Protect our property, rights, and interests or those of third-parties
• Protect the public or our customers from fraud, harm, or other illegal activities
• Detect, prevent, or investigate the technical issues, frauds, or any wrongdoing related to our Website, Apps, or Services

6. Your Privacy Rights

6.1 Access and Update Your Information

• Wherever needed or where demanded by law, we provide you opportunities to access, view, modify and delete their own information that we are processing.
• You may also have wider rights to access, modify, and delete the personal information. You can also object and restrict the processing of your information or make a request for its portability. You can contact us at privacy@callcenterhosting.com to make such requests. We will treat all such requests as per the applicable laws.
• If you have earlier given your consent to us to collect, use, process, and share your information, you can withdraw your consent. Withdrawal of consent, neither affect the lawfulness of processing conducted before your consent withdrawal request nor affect the processing your information, including personal data, performed as per law requirements irrespective of your consent.
• You can complain to the Local Data Protection Authority at any time.

6.2 Your Privacy Rights as an EEA Person

We take the consent of our customers of the European Economic Area (EEA) before processing their information, and we do on their behalf only. As per any applicable EEA law, if you want to access, review, modify or delete your information that we are processing on another customer’s behalf, you have to contact that Customer to request the same. We can only help you and that customer to fulfil your request as per your instructions. Also, as per any applicable EEA law, if you want to access, review, modify, or delete your information that we are processing on your behalf, please contact us at privacy@callcenterhosting.com.

7. Third-Party Sites

This Privacy Policy document does not cover, and The Real PBX is also not responsible for the privacy, information, and practices of third parties, including those third parties for whom our Website or Services have links (URLs), and those third parties whose Website or Services have links to our Website or Services. A link or URL to any Website is not our endorsement of a linked service or a site with them.

8. Security of Your Information

It is very important for us to secure your information, including your personal data, that we collect through our Website, Apps, or Services. We have put different standard administrative, technical, and other organisational security procedures in place to safeguard your information during transmission, processing, usage, and storage. The Real PBX neither controls nor have responsibility for the security, privacy policies, and practices of other Websites that you may visit and use for different purposes, even if you visit them using the links given on the Website, Apps, or Services. Please note that no online service, App, or Website is completely secure, still, we are committed to protecting your information through the above-listed measures. However, we cannot guarantee the occurrence of data breach, data loss, hacking, and unauthorised access.

9. Data Retention

The Real PBX will retain your information, including your personal data until the purpose for its collection is fulfilled unless a longer data retention period is really required or as such asked by the law (for regulatory, legal, tax, or different reasons), and other legitimate business requirements. Where we have no continuously going on legitimate business purpose to retain or process or your information, we either anonymise or delete it.

9.1 Retention of Account Information

Your account information is retained for as long as your account is active with us. After the deactivation of your account, it is retained for a reasonable period in which you can decide to reactivate the account. If this period also expires, we delete most of the information, but we will retain some necessary parts of your information to maintain records, to meet the law requirements, to meet legal obligations, to enforce our agreements, to support business operations, to solve disputes, and to continue or improve our Services. Where we retain the account information to improve or develop our Services, we take steps to eliminate that part of the information that identifies you directly. We use and process information to know the collective insights of the usage of our services, instead of analysing specifically about your personal characteristics.

9.2 Retention of Information You Shared on Our Services

If your account on our Services is disabled or deleted, still some of your content and information that you have provided will remain so that the other members of your group and other users continue to make full use of our Services. For example, we have to display the content that you have shared and messages that you have sent to the users even after disabling or deletion of your account.

9.3 Retention of Marketing Information

If you have opted to receive the marketing communications, including email or text messages, we retain your marketing preferences and other information for a specific period starting from the date when you last displayed interest in our Website, Apps, or Services, or stopped using your account.

9.4 Retention of Information received from Cookies and Other Similar Technologies

We retain information received from the cookies and other similar technologies for a fixed specific period starting from the date when such information was collected at first.

10. Access and Control Your Information

You have the following choices to access and control your information, including personal data, which we collect, store, use, and process.

10.1 Your Choices

You can make the following requests related to your information, including personal data.

• Request a copy of your information
• Request for the restriction or deletion of your information
• Request to receive your information in an electronic and structured format
• Raise objection to our use of your information (such as information for marketing)

We have mentioned hereinbelow the processes and tools to make these requests. If you are a member of a user group created in our Services, your information and opted Services are being administered by a Group Administrator, so at first place, you have to contact your Group Administrator for such requests. We would in such a situation where you face any issue in getting your such request processed by a Group Administrator. For all other requests, you have to contact us at privacy@callcenterhosting.com. Please note that your choices and requests may be limited in some specific cases, such as if meeting your request can disclose information about other persons, or if you request to delete the information that your Administrator or we have compelling legitimate reasons or permissions as per law to keep that information. If you have asked us to share your information (and personal data) with third-parties (for example by installing third-party apps in our Services or integrating our services with third-party), you have to contact those third-parties directly to make requests to access, review, modify, restrict, or delete your information. If you have a  concern or issue related to your information, including personal data, please contact us at  privacy@callcenterhosting.com. If your concern remains unresolved even after contacting our dedicated Privacy Team, you can raise a complaint to a Data Protection Authority in the country where you live, work, or where your right was infringed.

10.2 Access and Update Your Information

In our Services, we give you the options to access, review, and modify your certain information. Such as you can access and modify your profile information in your Account Settings and search for the content that may contain your information using the text-based search in our Services. The content containing information about you can also be edited using the provided tools in our Services. If you need any help to access or update your information, please contact us using the details given at “Contact Us Page” of this Website.

10.3 Deactivate Your Account

If you do not want to use our Services, you or your administrator on your behalf can contact us using the details given at “Contact Us Page” of this Website to deactivate your account. Please refer to the “Retention of Account Information Section” to know about the retention of your account information.

10.4 Request to Stop Us from Using Your Account

In some cases where you believe we do not have rights, you can request us to stop storing, accessing, using, and processing your information, including your personal data. For example, if you believe that your account has been created on our Services without your permission or if you are no more using our services actively, you may request us to delete your account. If you had earlier given consent to use the information towards a limited purpose, you might contact us to withdraw your consent, but it could not affect any processing or usage of your information that has been taking place already. You can click “Unsubscribe” link given at the bottom of promotional emails, being sent as a part of our Marketing Campaigns. We need time to investigate, process, and facilitate such opt-out requests. If there is any delay or dispute (as to our rights to use your information) related to your such opt-out requests, we restrict any further processing or usage of your information until your request is honoured or the dispute is resolved unless your administrator has any objection. If you want to object to the information being shared with a third-party service or app, you or your administrator can either disable such third-party app or service or contact us to get it disabled.

10.5 Opt-out of Communications

To opt-out from our promotional marketing campaigns, you can click “Unsubscribe” link given in each promotional email sent to you. You can update the email preferences in your account settings, or by contacting us at  privacy@callcenterhosting.com.. You can also opt-out from some notifications in your account settings itself. Even if you opt-out from receiving promotional emails and messages, you will continue to receive the transactional communications related to our Services.

11. International Data Transfers

Your information, including your personal data, may be collected in, stored in, transferred to, or processed in the countries different from the country where you live, work, or where your right was infringed. Your information collected outside European Economic Area (EEA) specifically can be transferred to or stored on our servers located in countries where The Real PBX, our group companies, our partners, or other third-parties operate. The Data Protection Laws of these countries can be different to Data Protection Laws of your country, and these may not be as much protective as your country’s laws in some cases. However, The Real PBX has deployed the appropriate safeguards to protect your information, including personal data, as per this Privacy Policy document and applicable laws.

12. Children’s Privacy

The Real PBX does not create or offer products or services, which are designed to be used by or take information whatsoever from the children below the age of 16 years. If you believe that information or personal data of a child below 16 years of age has been shared or disclosed to The Real PBX, please contact us at privacy@callcenterhosting.com.

13. Changes in Privacy Policy

If we modify our Privacy Policy document, we will publish these changes on this page and update the “Last Updated” section given at the top. We will notify you directly by sending an email or by posting a message or notification on this Website, before making changes in this Privacy Policy document effective. We encourage you also to go through this Privacy Policy document regularly to be informed about the latest changes.

14. Contact Us

If you have queries, concerns, comments, or feedback about our Privacy Policy document, please email us at privacy@callcenterhosting.com.

These Terms of Service (the “Agreement”) are an agreement between CallCenterHosting (“CallCenterHosting” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services provided by CallCenterHosting under the name of CallCenterHosting and of the callcenterhosting.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

1. Additional Policies and Agreements

Use of the Services is also governed by the Privacy Policy, which is incorporated by reference. By using the Services, you also agree to the terms of that policy. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable.

2. Account Eligibility

1. By registering for or using the Services, you represent and warrant that:
2. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
3. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
4. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from email you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any hosting accounts is accurate, correct and complete at all times. CallCenterHosting is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the CallCenterHosting Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account.
5. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
6. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

3. CallCenterHosting Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “CallCenterHosting Content”), are the proprietary property of CallCenterHosting. CallCenterHosting Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any CallCenterHosting Content. Any use of CallCenterHosting Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any CallCenterHosting Content. All rights to use CallCenterHosting Content that are not expressly granted in this Agreement are reserved by CallCenterHosting.

4. User Content

1. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your software hosted through the Services (“User Software”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Software. By posting or distributing User Content on or through the Services, you represent and warrant to CallCenterHosting that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party. Solely for purposes of providing the Services, you hereby grant to CallCenterHosting a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Software. Except for the rights expressly granted herein, CallCenterHosting does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
   B. CallCenterHosting exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through CallCenterHosting ‘s computers, network hubs and points of presence or the Internet. CallCenterHosting does not monitor User Content. However, you acknowledge and agree that CallCenterHosting may, but is not obligated to, immediately take any corrective action in CallCenterHosting ‘s sole discretion, including without limitation removal of all or a portion of the User Content or User Software, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that CallCenterHosting shall have no liability due to any corrective action that CallCenterHosting may take.

5. Third Party Products and Services

1. Third Party Providers CallCenterHosting may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. CallCenterHosting does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. CallCenterHosting is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
   B. Third Party Websites The Services may contain links to other websites that are not owned or controlled by CallCenterHosting (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

6. Account Security and CallCenterHosting Systems.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. CallCenterHosting may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. CallCenterHosting may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by CallCenterHosting of an issue, we reserve the right to leave access to services disabled.
CallCenterHosting reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

7. Compatibility with the Services

1. You agree to cooperate fully with CallCenterHosting in connection with CallCenterHosting ‘s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, CallCenterHosting is not responsible for any delays due to your failure to timely perform your obligations.
   B. You are solely responsible for ensuring that all User Content and User Software are compatible with the hardware and software used by CallCenterHosting to provide the Services, which may be changed by CallCenterHosting from time to time in our sole discretion. C. You are solely responsible for backing-up all User Content, including but not limited to, any User Software. CallCenterHosting does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

8. Billing and Payment Information

Autorenewal Unless otherwise provided, you agree that until and unless you notify CallCenterHosting of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Taxes Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to CallCenterHosting’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payment All invoices must be paid within ten (6) days of the invoice due date. Any invoice that is outstanding for more than ten (6) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, CallCenterHosting may suspend or terminate your account and pursue the collection costs incurred by CallCenterHosting, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. CallCenterHosting will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Domain Payments It is solely your responsibility to notify CallCenterHosting ‘s Billing department via a support ticket created from http://support.CallCenterHosting.com after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and CallCenterHosting is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal.
Fraud You have ninety (60) days to dispute any charge or payment processed by CallCenterHosting.com. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
Invoice Disputes It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. CallCenterHosting may report any such misuse or fraudulent use, as determined in CallCenterHosting ‘s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Payment Card Industry Security Standard Disclaimer. CallCenterHosting complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. CallCenterHosting does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

9. Cancellations and Refunds

1. Payment Method. No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
2. Refund Eligibility. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
3. Cancellation Process. You may terminate or cancel the Services by giving CallCenterHosting written notice via e-mail. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) CallCenterHosting may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
4. Foreign Currencies. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and CallCenterHosting is not responsible for any change in exchange rates between the time of payment and the time of refund.
5. Termination CallCenterHosting may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm CallCenterHosting or others or cause CallCenterHosting or others to incur liability, as determined by CallCenterHosting in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, CallCenterHosting shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, CallCenterHosting may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

10. Uptime Guarantee.

If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of CallCenterHosting and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit http://support.CallCenterHosting.com to create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

11. Reseller Terms and Client Responsibility

Resellers shall ensure that each of their clients complies with this Agreement. Resellers are responsible for supporting their clients. CallCenterHosting does not provide support to clients of CallCenterHosting ‘s resellers. If a reseller’s client contacts CallCenterHosting, CallCenterHosting reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.
Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. CallCenterHosting will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
CallCenterHosting is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify CallCenterHosting from and against any and all claims made by any User arising from the reseller’s acts or omissions.
CallCenterHosting reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by CallCenterHosting.
Resellers in the CallCenterHosting Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.

12. Price Change

CallCenterHosting reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by CallCenterHosting through the user billing tool or through other methods of communication, including notices sent or posted by CallCenterHosting.

13. Indemnification

You agree to indemnify, defend and hold harmless CallCenterHosting, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

14. Backups and Data Loss

Your use of the Services is at your sole risk. CallCenterHosting ‘s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at CallCenterHosting ‘s sole discretion. CallCenterHosting does not maintain backups of dedicated accounts. CallCenterHosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on CallCenterHosting’s servers.

15. Limited Warranty

The services provided under this agreement are provided on an “as is” and “as available basis.” except as expressly provided in this section, CallCenterHosting and our affiliates, employees, agents, suppliers and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services provided hereunder. CallCenterHosting and our affiliates, employees, agents, suppliers and licensors make no representations or warranties (i) that the services will be uninterrupted, error free or completely secure; (ii) as to the results that may be obtained from the use of the services; or (iii) as to the accuracy, reliability or content of any information provided through the services. CallCenterHosting and our affiliates, employees, agents, suppliers and licensors are not liable, and expressly disclaims any liability, for the content of any data transferred either to or from users or stored by users on or through the services. the terms of this section shall survive any termination of this agreement.

16. Disclosure to Law Enforcement

CallCenterHosting may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

17. Entire Agreement.

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.