Terms of Use

By accessing this Website, user acknowledges acceptance of these terms and conditions.

The following terms apply to use of this website and of any website, page, forum, wiki, blog, facilities, services, or capabilities that link to these terms, or are accessible on or by any domain name owned by Digium, Inc. (“Digium”) (each being referred to herein as the “Website”). By accessing this Website, user accepts these terms and conditions. Digium reserves the right to change these Terms of Use from time to time at its sole discretion, which changes will be deemed accepted by subsequent use. In the case of any violation of these Terms of Use, Digium reserves the right to seek all remedies available by law and in equity for such violations. These Terms of Use, as they may be modified by Digium, apply to all visitors to the Website, both now and in the future. If you do not agree to all of the terms, conditions, practices and policies set forth below, do not access or use any Digium Website or any of its pages.

Authorized Copying

Digium hereby authorizes you to copy materials published by Digium on the Website solely for non-commercial use by you or internally within your organization (or if you are a Digium Distributor or Partner, your customer’s organization) solely in support of Digium products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials, which you make, shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring or transferring by implication, estoppel or otherwise any license or right under any intellectual property rights of Digium or any third party.

ALL CONTENT ON THE WEBSITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE WEBSITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM DIGIUM. YOU ARE NOT PERMITTED TO USE, COPY, MODIFY, DISTRIBUTE, PUBLISH, DISPLAY, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

Compliance with Applicable Laws; Export Control Laws

Your access and use of the Website is governed by and subject to all applicable federal, state and local laws. Information, products and publications available on the Website may be subject to Export Laws and restrictions and may also be subject to the laws of other countries, including, for example, the country where you reside. “Export Laws”  means all international, national, and local laws, regulations, ordinances and other restrictions regarding export or import, including, without limitation, the U.S. Export Administration Act and all regulations promulgated thereunder, the regulations of the Departments of Defense, State, or Commerce, or any other government agency, as well as any end-use, end user, and destination restrictions of the jurisdiction in which the information and materials on the website is imported and exported to. More information can be found here http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-con… . You agree to comply with all applicable national and international Export Laws that may apply to such information and materials, as well as any end-use, end-user, and destination restrictions regarding export restrictions of the jurisdiction in which the information is used or to or from which the information or material is exported.

All Digium products and publications are commercial in nature, including under Section 12 of the Federal Acquisition Regulations (FAR), unless otherwise specifically noted. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015, 227.701 and FAR 52.227-19, as applicable.

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Digium or other third parties. You are not permitted to use these Marks without the prior written consent of Digium or the third part which may own their respective Marks. “Digium” and “Asterisk” and the Digium and Asterisk logos are registered trademarks of Digium, Inc.

General Disclaimer

Although Digium has attempted to provide accurate information on the Website, Digium assumes no responsibility for the accuracy of the information. Digium may change the programs or products mentioned at any time without notice. Digium does not guarantee that the Website will always be available or accessible, and is not responsible or liable for any problems you may experience in accessing the Website or any information on it, even if Digium has been advised of such problems. Mention of non-Digium products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DIGIUM AND/OR ITS PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME.

DIGIUM AND/OR ITS PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  DIGIUM AND/OR ITS PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

DIGIUM AND ITS SUPPLIERS, DISTRIBUTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY DIGIUM PRODUCT, SERVICE, OR SOFTWARE, OR DAMAGES RELATING TO USE OF OR RELIANCE ON THE INFORMATION PRESENT ON THE WEBSITE, EVEN IF DIGIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Availability of Products and Services

Because the Website is intended for users from different locations worldwide, not all products or programs mentioned will be available in your country or locale. Please contact a Digium Distributor or sales representative for information concerning the availability of products and services in your location.

Links to Third Party Sites

The Website may contain links to third party sites. Access to any other Internet site linked to the Website is at the user’s own risk and Digium is not responsible for the accuracy or reliability of any information, data, opinions, advice, statements, terms of use or privacy practices of such other sites unless it is also a Website owned or controlled by Digium. Digium provides these links merely as a convenience and the inclusion of such links does not imply an endorsement of the Website or their entities, products or services. We encourage you to be aware when you leave our Website and to read the privacy statements of each and every website that collects personally identifiable information.

Access to Password Protected/Secure Areas

Access to and use of password protected or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website or individuals attempting to exceed the scope of their authorization or to circumvent any security measures or to engage in any other unauthorized act may be subject to prosecution or other liability, including, without limitation, under the Computer Fraud and Abuse Act (18 USC § 1030) and the Digital Millennium Copyright Act (Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998), 17 U.S.C. § 1201, et seq.)

Proprietary Information

You agree not to submit or otherwise provide to the Website any information that is proprietary or confidential, or that is or may be a trade secret. Any information or ideas that you provide, submit or transmit via the Website will not be treated as proprietary or confidential, and you agree that such information may be disclosed by Digium to any party or used for any purpose without limitation or compensation, subject to these terms and policies.

Website Conduct

Your use of the Website is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage the Website is a violation of criminal and civil laws. You may not engage in any activity on the Website that restricts or inhibits any other user from using or enjoying the Website by “hacking”, “cracking”, “spoofing”, or defacing any portions of the Website.

In addition, you agree not to post or transmit through the Website any material or content that violates or infringes in any way the rights of others or is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, or which gives rise to civil or criminal liability or otherwise violates any local, state or federal law, including, without limitation, U.S. export control laws and the Children’s Online Privacy Protection Act. You agree not to engage in any unlawful communications or unlawful collection or maintenance of information regarding individuals under the age of thirteen.

Digium reserves the right to seek legal action and damages against any person who violates the law, or the terms or policies set forth herein, to the fullest extent permitted by law.

Digium does not make any representations, nor does it endorse the accuracy, truthfulness, timeliness, or reliability or usefulness of any materials, goods, services or information that is accessed through the Website, including e-mail and postings. Statements reflect the views of their author only. We do not guarantee that material that is posted on or using the Website or elsewhere has been posted with the permission of the copyright or proprietary owner. Digium acknowledges that some material that may be accessed on or through the Website may contain material that may be offensive to you or that may be unsuitable for minors, and you agree to supervise and hold Digium harmless from any such use.

User Accounts

If you sign up for or receive access to a user account on the Website, you must provide an email address (user name) and you agree (i) to provide Digium with accurate, complete and up to date information; (ii) to update your information to keep it accurate, current and complete; and (iii) to comply with these Terms of Use. Failure to provide accurate information constitutes a breach of this agreement, and may result in immediate termination of your right to access and use the Website.

You may not select an email address that impersonates someone else, is or may be illegal, or may violate trademark or other proprietary right, or is vulgar or offensive. While Digium does not screen or monitor the creation of accounts or email addresses, Digium reserves the right to reject or delete any account or email address at our sole discretion if it violates these Terms of Use.

You agree not to sell or transfer your use of or access to the Website or permit anyone else whose account was suspended or terminated to use the Website through your email address or password. You are responsible for maintaining the confidentiality of your account and password and for all activity that occurs on your account. You agree to immediately notify Digium of any unauthorized use of your account or any other breach of security. Digium will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.

Monitoring

Digium has the right, but not the obligation, to monitor the content of the Website, including, without limitation, to determine compliance with these terms and policies. Digium has the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website that we find to be in violation of these Terms of Use or is otherwise objectionable. You are solely responsible for any information you may post, transmit or otherwise make available on the Website. You acknowledge and agree that Digium does not have any liability for any action or inaction with respect to any conduct, communication or posting on the Website.

Indemnification

Any person or corporation posting or submitting content to the Website agrees to defend, indemnify and hold harmless Digium and its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such submitted content, including, without limitation, claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such content, claims for patent, copyright or trademark infringement, claims relating to breach of confidentiality or misappropriation of trade secret, or claims due to disruption or malfunction of services provided (pertaining to the submitted content), even if such content is reviewed by Digium prior to publishing on the Website.

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