NET2PHONE WEBSITE END USER AGREEMENT

The Net2Phone Website (the "Website" or"Site") is an online communications service ("Service") through which the Net2Phone Software (the "Software") may be downloaded, which is provided by Net2Phone Inc., a subsidiary of IDT Corporation (IDT Corporation and Net2Phone Inc. shall be collectively referred to as "Net2Phone"), subject to your compliance with the terms and conditions set forth below including, the attached Net2Phone End User License Agreement and all exhibits hereto.

Please read this Agreement and the attached Net2Phone End User License Agreement carefully before accessing or using the Site, Software and Service, you agree to be bound by all of the terms and conditions set forth herein. If you do not wish to be bound by these terms and conditions, you may not access or use the Site, Software or Service. Net2Phone may modify this Agreement or the attached Net2Phone End User License Agreement at any time without notice and such modifications shall be deemed effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site, Software or Service shall be deemed your conclusive acceptance of the modified Agreement.

  1. "Net2Phone" and the "Net2Phone and design" are registered servicemarks of IDT Corporation in the United States. "Net2Phone Direct", "Net2Phone Pro", "Net2Fax", "Click2Talk" and "Click2CallMe" are servicemarks of IDT Corporation in the United States.
  2. Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Net2Phone may also make improvements and/or changes to the Site, Software or Service at any time without notice.
  3. All images, text, Software, programs and other materials found in the Net2Phone Website are protected by the United States copyright laws. Any commercial use of the images, text, Software, programs or other materials found in the Net2Phone Website is strictly prohibited, without the express written consent of Net2Phone.
  4. The Software that is made available to download from this Site is the copyrighted work of Net2Phone Inc. and/or its suppliers. Use of the Software is governed by the terms set forth in the NET2PHONE END USER LICENSE AGREEMENT attached hereto. An end-user will be unable to download the Software unless he or she first agrees to the terms set forth in the NET2PHONE END USER LICENSE AGREEMENT.
  5. The Software is made available for downloading solely for use by end users according the terms set forth herein. Any reproduction or redistribution of the Software not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
  6. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
  7. Elements of Net2Phone’s Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Net2Phone Website may be copied or retransmitted unless expressly permitted by Net2Phone.
  8. ANY LINKS AVAILABLE ON THIS SITE WILL ENABLE YOU TO LEAVE NET2PHONE’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NET2PHONE AND NET2PHONE 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. It is up to you take precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature. NET2PHONE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NET2PHONE OF THE SITE. ADDITIONALLY, OTHER MARKS WHICH APPEAR ON THIS SITE MAY BE MARKS OF THIRD PARTIES THAT ARE NOT AFFILIATED WITH NET2PHONE. NET2PHONE AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. IN NO EVENT WILL NET2PHONE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUTPION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  9. Net2Phone cannot and 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 manifest contaminating or destructive properties. You are responsible for implementing 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 SITE, SOFTWARE, SERVICE AND THE INTERNET. ALL SERVICES PROVIDED BY NET2PHONE ARE PROVIDED "AS IS". NET2PHONE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY TRANSACTION PERFORMED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND NET2PHONE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. NET2PHONE DOES NOT WARRANT THAT THE SITE, SOFTWARE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE, SOFTWARE OR SERVICE WILL BE CORRECTED.
  10. IN NO EVENT WILL NET2PHONE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SOFTWARE OR SERVICE, OR ANY TRANSACTIONS PROVIDIED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF NET2PHONE 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.
  11. You agree to indemnify, defend and hold Net2Phone, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Site, Software or Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or the attached Net2Phone End User License Agreement by you. The provisions of this paragraph are for the benefit of Net2Phone and its officers, directors, employees, agents, shareholders, licensors, suppliers to the Site, Software or Service. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
  12. This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Site, Service and Software after you have terminated this Agreement. The provisions of this Agreement shall survive its termination.
  13. This Agreement shall be governed and construed in accordance with the laws of the State of New Jersey. You agree that in any legal action or proceeding between you and Net2Phone for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction in Bergen County, New Jersey and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Software or Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Net2Phone’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to modify any provision of this Agreement. Net2Phone may assign its rights and duties under this Agreement to any party at any time without notice to you.

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