Terms of Use

(last updated 07-01-2015)

Caller Insight Call Tracking is owned and operated by Caller Insight Corp.

Caller Insight would like to welcome you to access and use the CallerInsight.com Web Site, the CallerInsight.com telephone & call tracking service, and the Web Pages that comprise our Web Site.

These Terms and Conditions constitute an agreement ("Agreement") between you ("you", "your", "user" or "Customer") and Caller Insight Corp. ("Caller Insight", "us", "we" or "our") for virtual telephone services and any related products or services ("Services"). This Agreement governs both the Services and any assigned toll-free and/or local number account ("Account") used in connection with the Services.

If you do not accept these Terms in their entirety or if you are not 18 years of age, you are not permitted to access or use this Web Site or CallerInsight.com telephone service. Caller Insight recommends that you print a copy of these Terms for Your records.

MODIFICATION OF THESE TERMS OF USE

We reserve the right to update or change these Terms from time to time to reflect changes in the Content (hereinafter referred to as "Content"), changes in the laws affecting the Content, or for other good reasons. It is our right to make any changes Caller Insight deems necessary, and you acknowledge that it is your responsibility to regularly review this page for any changes to the Terms of Use for this Web Site. Access to or use of the Content after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Content shall be subject to these Terms, as modified from time to time.

MORE EXPENSIVE USAGE RATES

Calls received from and/or to Canada, Alaska, Hawaii, a foreign country, or any other more expensive rate center are subject to a higher usage rate per minute. These rates are subject to change at any time without notice. The rates are as follows; Alaska $0.30 per minute, Hawaii $0.30 per minute.

REFUND POLICY

All Purchases made online or offline for CallerInsight.com telephone services are final and no refunds can be made due to the nature of this service, except for our 30 day money back guarantee. Any unused minutes or other un used funds will be refunded if a written request is made within 30 days of signing up. Outstanding balances that remain in accounts that are inactive (with no log ins) for 12 consecutive months may be expired and forfeited. By completing the sign up form you guarantee that you are the authorized card holder and you authorize Caller Insight Corp. to charge the above noted account for the amount below. You also authorize Caller Insight Corp. to charge your credit card monthly for the applicable monthly fees associated with keeping each toll free number in your account active and for overage charges to be billed at $0.059 per minute. You may change your billing credit card or cancel CallerInsight.com telephone services by emailing (info@CallerInsight.com) or calling us (714.913.6940). You must provide your email address (login) and password or your credit card number to cancel services.

TERM

The term of this Agreement begins on the date we setup Services for your Account. This Agreement will continue from month to month until terminated by either party pursuant to the terms hereof

CallerInsight.com CHARGES

You are responsible for paying all charges to Caller Insight for Services, including but not limited to, long distance, monthly number fees, and directory assistance charges, regulatory and government fees & taxes.

Every service plan, has (i) a flat monthly service fee (this service fee, which is posted on the Site, is the basic charge associated with your Service. This fee includes the calling charges defined by your Service plan within the continental United States (excluding Alaska, Hawaii and United States territories such as Puerto Rico) and Canada); (ii) a certain number of "free" minutes to be used in the continental United States (excluding Alaska and Hawaii and United States territories such as Puerto Rico) and Canada as posted on the Site, and (iii) an additional minute rate (if you exceed the number of calling minutes on your Service plan, Caller Insight will charge you for the minutes you use above your allowance) as posted on the Site.

Caller Insight may charge additional fees for optional features. Such fees are posted on the Site. Caller Insight reserves the right to change its pricing and/or billing practices in its sole discretion. Caller Insight may introduce new products and Services at special introductory pricing. Introductory pricing may change at discretion by Caller Insight. Caller Insight bills usage charges in six (6) second increments with a six (6) second minimum.

Pre paid accounts require all minutes to be bought in advance.

Post Pay Service plans are charged once a month or upon the usage of an additional 500 minutes, whichever comes first. Unless otherwise agreed to in writing, you are to pay for all charges by credit or debit card. Credit or debit cards will automatically be billed monthly or upon the usage of an additional 500 minutes, whichever comes first, and no additional notice or consent will be required for billings to that credit or debit card or account.

Caller Insight Customers with past due balance on previous or multiple accounts will be charged the full balance due upon opening a new account or updating their credit or debit card on file.

OWNERSHIP OF LOCAL AND TOLL FREE NUMBERS

Caller Insight & occasionally a 3rd party carrier is the owner of all local and toll free numbers used within the CallerInsight.com service unless agreed to in writing. Numbers may be ported out if customer balance is not past due or incurring unpaid overage minutes.

CANCELLATION

You may cancel your account by notifying us in writing at support@callerinsight.com. You will be required to prove you are the account owner by providing your login and password or your credit card information. No refunds for the month or part of the month can be made upon cancellation unless it is within the 30 day money back guarantee. All outstanding usage, fees, invoices, or other charges must be paid in full before a account can be cancelled. Upon cancellation non ported numbers will not forward to your account.

Chargebacks

If you dispute a charge on your credit card or chargeback any payment made to Caller Insight we will terminate your service and hold all call records, phone numbers, and account access until your chargeback is reversed and payment in full is made along with a $50 chargeback fee.

ADDITIONAL TERMS MAY APPLY TO SPECIFIC WEB PAGES

Your use of certain Web pages within this Web Site may be subject to additional terms that are specific to such Web pages ("Additional Terms") as contained either (i) on this page below this Agreement and/or (ii) on such Web pages (for example, terms that typically govern particular features or offers such as sweepstakes or limited to our Providers such as through our Place An Ad service are typically found on the relevant Web pages). Therefore, upon accessing any Web page within this Web Site, please review any and all relevant terms and conditions that may be displayed on or linked from such Web page. In the event that (i) Additional Terms contained on such Web pages or (ii) any other terms or guideline contained within this Web Site conflicts with this these Terms, these Terms shall control.

COMPLIANCE WITH LAWS

You represent and warrant that your use of our Services will comply with all applicable laws and regulations. You are responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA or other Data Privacy Laws. If you're subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our Service doesn't meet those requirements.

LAWS REGARDING RECORDING CALLS

Customer must comply with all federal, state, and local laws that apply to recording telephone calls.

CALL RECORDING

Caller Insight makes available technology that offers our clients the ability to record incoming telephone calls. When a calling party initiates a call to a tracking phone number, Caller Insight will, at your discretion, create a digital audio recording of the telephone call. Caller Insight provides the ability to play a voice message at the beginning of each call to alert callers that the call will be recorded. If you choose to record telephone calls, you expressly agree and acknowledge that:

You authorize Caller Insight to make incoming call recordings on your behalf.

You either:

  1. authorize Caller Insight to play a voice message advising the caller that the call is being recorded prior to the call being connected to the party answering the call; OR
  2. make the necessary arrangements to ensure that the caller is provided with the necessary warning about the presence of any recordings made of a call in accordance with the law;

You must notify your employee, contractor, officer, agent, authorized representative or other third party that their telephone conversation with a caller is being recorded by Caller Insight; andCaller Insight shall have no liability whatsoever in respect of any use made by you, your employee, contractor, officer, agent, authorized representative or other third party, of the recordings and its contents, and/or of any personal information.

CUSTOMER RESPONSIBILITY AND PASSWORDS

Your use of Website is strictly limited to persons authorized to view, listen, and modify any information herein. You are solely responsible for any and all activity occurring under your user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of our Services, including those related to data privacy, international communications and the transmission of technical or personal data. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account and agree not to distribute this password to any persons unauthorized to access any and all information herein. You agree to notify Caller Insight immediately of any unauthorized use of your account or any breach of security. Caller Insight will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

LINKS TO THIRD-PARTY SITES

The Web pages that are part of this Web Site may contain links to other Web sites ("Linked Sites"). Caller Insight would to inform You that the Linked Sites are not under Our control. Therefore, We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for any form of transmission received from any Linked Site, nor are We responsible if the Linked Site is not working appropriately. We provide these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Us of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

You are solely responsible for any dealings with third parties (including advertisers) who are identified in the Web pages that are part of this Web Site, including the delivery of and payment for goods and services.

PRIVACY

Your information is secure and confidential.

Registration data and certain other information about You is subject to Our Privacy Policy. For more information, please review Our Privacy Policy.

In the event of a subpoena from a court or government agency (FCC, FTC, etc) we may be required to turn over information regarding you and your account to stay in compliance with the law.

USE OF THIS WEB SITE & SERVICE

Caller Insight controls and operates this Web Site & CallerInsight.com Service. All Content on this Web Site, including, but not limited to, text, photographs, images, illustrations, the database, software, trademarks, services marks, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by Us or Our affiliates, or by third party content providers, merchants, sponsors and licensors (collectively the "Providers") that have licensed their content or the right to market their products and/or services to Us. Content on this Web Site or any Web site owned, operated, licensed or controlled by the Providers is solely for Your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content. You may print or download a single copy of any Content contained on this Web Site, solely for Your personal, non-commercial use, consistent with these Terms, provided that You maintain all copyright and other notices contained in such Content. You may copy, download, and use the call tracking information within this website such as phone numbers, call recordings, and other call data without prior permission from Us.

You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Us or the Providers. You may request consent by faxing a request to Us at (714) 913-6942. Your modification of the Content, use of the Content on any other Web site or networked computer environment, or use of the Content for any purpose other than personal, non- commercial use, without the prior written consent of Us or the Providers, violates the intellectual property rights and proprietary rights of the Content owners and is prohibited.

You may not use on Your Web site any registered or unregistered trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, deep link, or otherwise incorporate into another Web site any of the Content or other materials on this Web Site without Our express prior written consent.

Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or worldwide copyright and trademark laws. You recognize that any reproduction or use of Content, except as authorized by these Terms, is considered intentional infringement.

SYSTEM REDUNDANCY

System up time is guaranteed at 99% but Caller Insight Corp. is not responsible for downtime and other system crashes beyond our control including but not limited to; data center problems, black outs, telco network outage, system crashes, and other natural events.

USER'S RESPONSIBILITIES

You warrant and represent to Us that You will not use this Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, untrue, inflammatory, pornographic, or profane material. If You violate any of these Terms, Your permission to use this Web Site immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at Our discretion for any or no reason, including for violation of these Terms.

You are solely responsible for the Information You provide to Us. We act solely as a passive conduit for Your online distribution and publication of Your Information. As used in these Terms, "Information" means any Information or data that You submit to Us, directly or indirectly, for use on this Web Site and any Information or data that is generated by this Web Site as a result of Your use of this Web Site.

In the event that You are provided with User identification numbers or codes (collectively, "ID's"), confirmation numbers, and/or passwords (as applicable) in the use of this Web Site, You shall maintain such User ID's, confirmation numbers, and/or passwords in confidence and You agree not to distribute or disclose the same to third parties. It is Your responsibility to notify Us if We need to change or discontinue any of Your ID's, confirmation numbers, or passwords. It is also Your responsibility to immediately request discontinuation of an ID, confirmation number, or password upon Your knowledge or belief that such ID, confirmation number, and/or password is, or may be subject to, a breach of confidentiality. Caller Insight may suspend or terminate Your service or access to this Web Site if We believe a breach of these Terms has occurred.

You agree to provide true, accurate, current and complete Information. If You provide any Information that is untrue, inaccurate, not current or incomplete (or We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), We have the right to suspend or terminate Your access and activity, and refuse any and all current or future use, of this Web Site.

PROHIBITED ACTIVITIES

You are prohibited from conducting illegal activities with toll free or local numbers provided by us. This includes but is not limited to some types of unsolicited fax, sms messaging, voice broadcasting or email spamming.

You are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of this Web Site; (d) upload, post, emailing or otherwise transmitting any Information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Our Web pages, or the Content without Our prior written permission, provided that a generally available third party Web browser may be used without such permission.

INFORMATION POSTED TO WEB SITE

In regards to all Information that You elect to post to publicly accessible areas of the Web Site, You agree that We have the right to use, reproduce, modify, publish, perform and display such Information (in whole or part) worldwide; provided that such use is subject to the terms of Our Privacy Policy.

You acknowledge and agree that Caller Insight may preserve Information and may also disclose Information as provided by these Terms or Our Privacy Policy, including, but not limited to, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Information violates the rights of third parties; or (d) protect the rights, property, or personal safety of Our business, employees, providers, affiliates, users, and/or the public.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between You and such advertiser. You agree that Caller Insight (and the Providers) shall neither be responsible nor liable for any loss or damage incurred by You as the result of any such dealings or as the result of the presence of such advertisers on this Web Site.

NO WARRANTIES

ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER Caller Insight, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR PRODUCTS ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.

WE ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL CONTROL OVER SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING IN THE LINKED SITES) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT. YOU USE THIS WEB SITE AT YOUR OWN RISK.

YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE OR SERVICE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.

OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $500. Some states do not allow for the limitation of consequential or incidental damages, so the foregoing limitation may not apply to You. BY WAY OF EXAMPLE ONLY, CALLER INSIGHT AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Us and the Providers, and to all respective officers, directors, employees, representatives, attorneys, and agents.

GOVERNING LAW AND JURISDICTION

We operate this Web Site (excluding Linked Sites) from Our offices within the State of California. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Web Site, You agree that these Terms and Your use of the Web Site shall be governed in all respect by the internal substantive laws of the State of California, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further, and irrevocably, consent and submit to exclusive jurisdiction and venue in the state and federal courts located in the State of California for all disputes, cases and controversies regarding this Web Site, Your use of this Web Site, and Your relationship with Us. We make no representation that materials on this Web Site are appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is prohibited. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which You reside.

For customers of Caller Insight

ARBITRATION. Caller Insight and you (referring to the individual executing an agreement in his/her individual capacity) and the Customer (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement between Caller Insight and you and/or the Company. In no event may demand for arbitration of a claim, dispute or other matter in question be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitation. All issues are for the Arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. The arbitration shall be governed by the Commercial Dispute Resolution Procedures of the American Arbitration Association. ("AAA"), as modified by this Agreement, and shall be administered by the AAA. The AAA rules are available at www.adr.org. You and the Company agree that by entering into this Agreement you and/or the Company and Caller Insight are waiving the right to a trial by jury. All hearing conducted as part of the arbitration shall take place in Orange County, California. YOU, AND/OR THE COMPANY, AND Caller Insight MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR, THE COMPANY'S OR Caller Insight'S INDIVIDUAL CAPACITY, and not as a plaintiff, defendant, or class member in any purported class or representative proceeding. Further, you and the Company agree that the arbitrator may not consolidate proceedings or more than one individual's or entity's claims, and may nor otherwise preside over any form of a representative or class proceeding. The parties agree to the following Submission to Jurisdiction. The parties hereto irrevocably and unconditionally (i) agree that the sole and exclusive venue for any suit, action, or other legal proceeding, including enforcement of the arbitration award, arising out of or relating to this Agreement or any other agreement, document or instrument delivered pursuant to, or in connection with this Agreement shall be solely and exclusively brought and maintained in courts of appropriate subject matter jurisdiction sitting in Orange County, California (either (1) in Federal Court, United States District Court, Central District of California, Southern Division (Santa Ana Courthouse – Ronald Regan Federal Building and U.S. Courthouse) or (2) in the Superior Court of California, County of Orange, Central Justice Center (Santa Ana)); (ii) consent to the jurisdiction of each such court in any such suit, action or proceeding; and (iii) waive any objection which it or they may have to the laying of venue of any such suit, action, or proceeding in any of such courts.

INDEMNIFICATION

We reserve the right to report any wrongdoing, if and when We become aware of it, to any applicable government agencies. You agree to indemnify, defend and hold Us and the Providers, Our and their officers, directors, managers, employees, affiliates, agents, licensors, and suppliers harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from Your use of this Web Site, Your breach of any provision of these Terms and/or any negligent acts, omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on Our: (a) notifying You in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with You in the defense or settlement thereof; and (c) allowing You to control such defense or settlement. Caller Insight shall be entitled to participate in such defense at Our own cost and expense.

MESSAGE BOARDS

In the event that We provide message boards or discussion forums on this Web Site (the "Forums"), You agree to use the Forums only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or written solicitation for goods and services. You agree that any uploaded materials may be republished without compensation to You or any other person or entity. In addition, You warrant that all moral rights in any uploaded materials have been waived. While We do not and cannot review every message posted by You or any other User in the Forums, and although We are not responsible for these messages, We reserve the right (but not the obligation) to delete, move, or edit messages that We, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. We do not endorse any Information posted on this Web Site.

You agree that You must evaluate, and bear all risks associated with, the use of any messages, Information, or Content, including any reliance on the accuracy, completeness, or usefulness of such messages, Information, or Content. In this regard, You acknowledge that You may not rely on any Content We create or Information submitted to Us by third parties, including without limitation, Information in the Forums, and in all other parts of this Web Site.

OTHER GENERAL PROVISIONS

These Terms are for the benefit of Us and the Providers, Our and their officers, directors, managers, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against You on its (or their own) behalf. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.

You and We are dealing at arms' length, creating a commercial relationship. We are not Your Agent or Your fiduciary, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Us (including the Providers), Our affiliated or related entities, and You, and supersede any prior or contemporaneous agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms shall prevail.

LOCAL NUMBER SETUP FEES

Local Numbers (tier 1) have a $3 one time setup fee. Tier 2 (rural and other LEC specific) local numbers have a $10 one time setup fee.

TRUE 1-800 TOLL FREE NUMBERS

Toll free numbers that start with 800 (not 888, 866, 877) have a $29 activation fee.

VANITY NUMBER FEES

Vanity Number searches are free. $15 Vanity number provisioning fee for each number (one time). Charged only upon successful provisioning.

PORTING FEES

Porting 1 to 9 toll free numbers $30 each, 10+ toll free numbers $20 each

$50 each - Porting local numbers

Numbers may be ported out only if customer balance is not past due or incurring unpaid overage minutes. Deposit may be required.

WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.

You may contact CallerInsight.com / Caller Insight Corp. at:

714-913-6940

16842 Von Karman Suite 250

Irvine, CA 92606