EFFECTIVE DATE: 03 October 2024
This SaaS Customer Agreement (the “Agreement”) contains the terms and conditions that apply to the use of Services (as defined below) offered by Good Methods Global, Inc. (“VoiceStack”) to Customer identified on the applicable Order Form that references these terms and conditions. BY SUBMITTING THE ORDER FORM TO VOICESTACK OR OTHERWISE ACCESSING OR USING THE SERVICES, CUSTOMER AGREES TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN TO THE EXCLUSION OF ALL OTHER TERMS. BY ACCESSING OR OTHERWISE USING THE SERVICES AND/OR THE VOICESTACK WEBSITE (at the URL:https://www.voicestack.com and all affiliated websites and applications owned and operated by VOICESTACK), CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT CUSTOMER IS DULY AUTHORIZED TO ENTER INTO AND BIND THE ENTITY IT REPRESENTS TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGE AND AGREE THAT ALL SUCH USE BY CUSTOMER IS SUBJECT TO SUCH TERMS AND CONDITIONS. IF CUSTOMER DOES NOT AGREE TO THESE TERMS OR ARE NOT AUTHORIZED TO BIND THE ENTITY IT REPRESENTS, CUSTOMER IS NOT LICENSED OR PERMITTED TO USE THE SERVICES OR THE VOICESTACK WEBSITE. ALL OTHER USES OF THE SERVICES OR THE VOICESTACK WEBSITE ARE PROHIBITED.
1.1 Subject to all of the terms and conditions of this Agreement (including any limitations and restrictions set forth on the applicable Order Form), VoiceStack grants Customer the right to access and use the services specified in each Order Form (collectively, the “Service,” or “Services”) during the applicable Order Form Term (as defined below) for the internal business purposes of such Customer, only as provided herein and only pursuant to VoiceStack’s applicable user documentation.
1.2 From time to time, VoiceStack may provide upgrades, patches, enhancements, or fixes for the Services to its customers generally without additional charge (“Updates”), and such Updates will become part of the Services and subject to this Agreement; provided that VoiceStack shall have no obligation under this Agreement or otherwise to provide any such Updates. Customer understands that VoiceStack may cease supporting old versions or releases of the Services at any time in its sole discretion; provided that VoiceStack shall use commercially reasonable efforts to give Customer sixty (60) days prior notice of any major changes. VoiceStack may in its sole discretion modify, enhance or otherwise change the Services, provided that such changes do not materially limit or adversely affect the Services provided to Customer hereunder.
1.3 VoiceStack Voip Terms of Use (“VoiceStack ToU”) is listed in Exhibit A. By submitting the order form or this agreement or otherwise accessing or using Services the Customer and End Users (as defined in Exhibit A) agree to VoiceStack ToU. Customer represents and warrants that (i) Customer is duly authorised to bind the entity and End Users to the VoiceStack ToU, and (ii) Customer agree that all such use of Services by Customer and End Users is subject to VoiceStack ToU. VoiceStack ToU shall also incorporate VoiceStack Acceptable Use Policy (as defined in Exhibit A).
Upon payment of any applicable fees set forth in each Order Form, VoiceStack agrees to use reasonable commercial efforts to provide professional services for the Service only if and to the extent such professional services is set forth on such Order Form (“Professional Services”). The parties may enter into by mutual execution separate statements of work (the “SOW”), for the provision by VoiceStack of Professional Services to Customer, which may include customization, configuration, implementation, deployment, guided services, consultation, or training services. The fees and terms for such Professional Services will be as provided in the applicable SOW. If VoiceStack provides Professional Services in excess of any agreed-upon hours estimate, or if VoiceStack otherwise provides additional services beyond those agreed in an Order Form, Customer will pay VoiceStack at its then-current hourly rates for such services.
Subject to the terms and conditions of this Agreement, VoiceStack will provide its standard support and maintenance services for the Service that it generally provides to other customers without additional charges. VoiceStack will undertake commercially reasonable efforts to make the Services available.
4.1 As between the parties, VoiceStack retains all right, title, and interest in and to the Services, and all software, products, works, and other intellectual property and moral rights related thereto or created, used, or provided by VoiceStack for the purposes of this Agreement, including any copies and derivative works of the foregoing. Any software which is distributed or otherwise provided to Customer hereunder (including without limitation any software identified on an Order Form) shall be deemed a part of the “Services” and subject to all of the terms and conditions of this Agreement. No rights or licenses are granted except as expressly and unambiguously set forth in this Agreement.
4.2 Third-Party Services. Customer acknowledges and agrees that: (a) the Services may incorporate or contain, or operate in or with, certain software, services, information, data and materials operated or provided by third parties (“Third-Party Services”); (b) VoiceStack may provide certain Third-Party Services together with the Services as set forth in the applicable Order Form (“VoiceStack Provided TPS”), and such VoiceStack Provided TPS may only be used in conjunction with the Services; (c) Customer is solely responsible for procuring any and all rights necessary for it to access Third-Party Services (other than VoiceStack Provided TPS); and (d) Customer’s use of the Third-Party Services shall be subject to (and Customer agrees it is bound by) any additional third-party terms and conditions (collectively, the “Third-Party Terms”), which are hereby incorporated into this Agreement by this reference. Customer is responsible for checking the Third-Party Terms for updates, and any use by Customer of the Services following a change to the Third-Party Terms shall constitute acceptance of such change. VoiceStack cannot and does not guarantee that the Services shall incorporate (or continue to incorporate) any particular Third-Party Services. Notwithstanding anything else, VoiceStack does not make any representations or warranties or provide any indemnification with respect to Third-Party Services or any third-party providers. Customer will rely on and seek remedies solely from the original licensors or vendors of such Third-Party Services. Unless otherwise specified in the applicable Order Form, VoiceStack is not responsible for fulfillment of any third-party warranty or for problems attributable to the use or operations of Third-Party Services (including, but not limited to, the availability or operation of the Services to the extent such availability and operation is dependent upon Third-Party Services).
4.3 Customer may from time to time provide suggestions, comments or other feedback to VoiceStack with respect to the Service (“Feedback”). Feedback, even if designated as confidential by Customer, shall not create any confidentiality obligation for VoiceStack notwithstanding anything else. Customer shall, and hereby does, grant to VoiceStack a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose. Nothing in this Agreement will impair VoiceStack’s right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with any products, software or technologies that Customer may develop, produce, market, or distribute.
Customer shall pay VoiceStack fees for the Service as set forth in each Order Form (“Fees”). Unless otherwise specified in an Order Form, all Fees shall be invoiced monthly in arrears and all invoices issued under this Agreement are payable in U.S. dollars within ten (10) days from date of invoice. Past due invoices are subject to interest on any outstanding balance of the lesser of 1.5% per month or the maximum amount permitted by law. Customer shall be responsible for all taxes associated with Service (excluding taxes based on VoiceStack’s net income). All Fees paid are non-refundable and are not subject to set-off.
Except as expressly set forth in this Agreement, Customer shall not (and shall not permit any third party to), directly or indirectly:
(i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service (except to the extent applicable laws specifically prohibit such restriction);
(ii) modify, translate, or create derivative works based on the Service;
(iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service;
(iv) use the Service for the benefit of a third party;
(v) remove or otherwise alter any proprietary notices or labels from the Service or any portion thereof;
(vi) use the Service to build an application or product that is competitive with any VoiceStack product or service;
(vii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or
(viii) bypass any measures VoiceStack may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).
Customer is responsible for all of its activity in connection with the Service, including but not limited to uploading Customer Data (as defined below) onto the Service. Customer shall use the Service in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with Customer’s use of the Service (including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws), and shall not use the Service in a manner that violates any third party intellectual property, contractual or other proprietary rights.
7.1 For purposes of this Agreement, “Customer Data” shall mean any data, information or other material provided, uploaded, or submitted by or on behalf of Customer to the Service in the course of using the Service, which may include protected health information (“PHI”). Customer shall retain all right, title and interest in and to the Customer Data, including all intellectual property rights therein. Customer, not VoiceStack, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data. VoiceStack shall use commercially reasonable efforts to maintain the security and integrity of the Service and the Customer Data. VoiceStack is not responsible to Customer for unauthorized access to Customer Data or the unauthorized use of the Service unless such access is due to VoiceStack’s gross negligence or willful misconduct. Customer is responsible for the use of the Service by any person to whom Customer has given access to the Service, even if Customer did not authorize such use.
7.2 If Customer is a Covered Entity or a Business Associate and includes Protected Health Information in Customer Data or otherwise provide any Protected Health Information to VoiceStack or via the Services, execution of an Order Form that references to this Agreement will incorporate the terms of the HIPAA Business Associate Agreement (“BAA”) (available athttps://www.voicestack.com/legal/2024-10/baa into that Agreement. In the event Customer directs VoiceStack to share PHI among different Covered Entities (each as defined in the BAA), Customer shall have obtained an executed and delivered consent certificate by authorized representatives of each such Covered Entity in the form attached to the applicable Order Form. Customer represents and warrants that it has full power and authority to grant the rights granted to VoiceStack in this Agreement and the BAA, and Customer will defend, indemnify and hold harmless VoiceStack from any loss, cost, liability, damage, settlement or other expense (including attorneys’ fees) due to a breach of the foregoing or due to a third party claim that if true would constitute a breach of the same.
7.3 Notwithstanding anything to the contrary, Customer acknowledges and agrees that VoiceStack may
(i) internally use and modify (but not disclose) Customer Data for the purposes of (A) providing the Service to Customer and (B) generating Aggregated Anonymous Data (as defined below), and
(ii) freely use and make available Aggregated Anonymous Data for VoiceStack’s business purposes (including without limitation, for purposes of improving, testing, operating, promoting and marketing VoiceStack’s products and services). “Aggregated Anonymous Data” means data submitted to, collected by, or generated by VoiceStack in connection with Customer’s use of the Service, but only in aggregate, anonymized form which can in no way be linked specifically to Customer.
7.4 At any time during the Term of this Agreement and for a period not to exceed ninety (90) days from the expiration of this Agreement or termination of this Agreement by VoiceStack for its convenience, VoiceStack will, in its reasonable discretion, assist Customer in exporting a file of exportable and retrievable Customer Data in a format selected by VoiceStack (in its discretion) from the Services, at Customer’s reasonable prior written request (that must be received by VoiceStack at least 10 days prior to the requested data export date), and at Customer’s sole expense. Customer will pay VoiceStack at its then-current hourly rates for such services. VoiceStack will use commercially reasonable efforts to deliver such file within 15 days after such request.
8.1 This Agreement shall commence upon the effective date set forth in the first Order Form, and, unless earlier terminated in accordance herewith, shall last until the expiration of all Order Form Terms. For each Order Form, the “Order Form Term” shall begin as of the effective date set forth on such Order Form, and unless earlier terminated as set forth herein, shall continue for the initial term specified on the Order Form (the “Initial Order Form Term”), and following the Initial Order Form Term, shall automatically renew for additional successive periods of one year each (each, a “Renewal Order Form Term”) unless either party notifies the other party of such party’s intention not to renew no later than thirty (30) days prior to the expiration of the Initial Order Form Term or then-current Renewal Order Form Term, as applicable.
8.2 In the event of a material breach of this Agreement by either party, the non-breaching party may terminate this Agreement by providing written notice to the breaching party, provided that the breaching party does not materially cure such breach within thirty (30) days of receipt of such notice.
8.3 VoiceStack may suspend or limit Customer’s access to or use of the Service if
(i) for scheduled or emergency maintenance,
(ii) in the event Customer’s account is sixty (60) days or more delinquent, or
(iii) Customer’s use of the Service results in (or is reasonably likely to result in) damage to or material degradation of the Service which interferes with VOICESTACK’s ability to provide access to the Service to other customers; provided that in the case of subsection
8.4 Upon expiration or termination of this Agreement, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, accrued payment obligations, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8.5 In the event the Customer terminates this Order form for any reason whatsoever, before completion of the initial term from the effective date, Customer shall pay applicable early termination charges. For termination prior to installation of Service and after execution of this Agreement, early termination charges shall be those reasonable expenses incurred by VoiceStack through the date of termination. If there is termination after activation of Service, Customer shall be obligated as follows: to pay an early termination charge equivalent to the highest monthly invoice value billed to the Customer under this Order form multiplied by the number of months remaining in the term of the Agreement; to pay VoiceStack for Services actually received; to repay VoiceStack for any credits, discounts, or waived installation costs received in anticipation of a long-term Agreement; and to reimburse VoiceStack for the reasonable costs it incurred in setting up Customer’s Service (including the costs of any equipment installed and not returned in "as new" condition). Customer agrees that VoiceStack’s damages for early termination would be difficult to determine, and the termination charge(s) constitutes a reasonable estimate of appropriate liquidated damages and that such is not intended as a penalty. In all cases where this Agreement is terminated and Customer is using telephone numbers originally assigned by VoiceStack, Customer understands and agrees that those telephone numbers will not be released to another service provider until all undisputed charges owing to VoiceStack are paid.
Each party (“Indemnitor”) shall defend, indemnify, and hold harmless the other party, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives (collectively, the “Indemnitee”) from all liabilities, claims, and expenses paid or payable to an unaffiliated third party (including reasonable attorneys’ fees) (“Losses”), that arise from or relate to any claim that (i) in the case of Customer as Indemnitor, the Customer Data or Customer’s use of the Service, or (ii) in the case of VoiceStack as Indemnitor, the Service (excluding Customer Data), infringes, violates, or misappropriates any third party intellectual property, proprietary, or privacy right. Each Indemnitor’s indemnification obligations hereunder shall be conditioned upon the Indemnitee providing the Indemnitor with: (i) prompt written notice of any claim (provided that a failure to provide such notice shall only relieve the Indemnitor of its indemnity obligations if the Indemnitor is materially prejudiced by such failure); (ii) the option to assume sole control over the defense and settlement of any claim (provided that the Indemnitee may participate in such defense and settlement at its own expense); and (iii) reasonable information and assistance in connection with such defense and settlement (at the Indemnitor’s expense). The foregoing obligations of VoiceStack do not apply with respect to the Service or any information, technology, materials or data (or any portions or components of the foregoing) to the extent (i) not created or provided by VoiceStack (including without limitation any Customer Data), (ii) made in whole or in part in accordance to Customer specifications, (iii) modified after delivery by VoiceStack, (iv) combined with other products, processes or materials not provided by VoiceStack (where the alleged Losses arise from or relate to such combination), (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) Customer’s use of the Service is not strictly in accordance herewith. THIS SECTION 9 SETS FORTH CUSTOMER’S SOLE REMEDIES AND VOICESTACK’S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
10.1 Each party represents and warrants that (i) it is duly organized, validly existing, and in good standing under the laws of the state of its organization; (ii) it has full power and authority to enter into this Agreement, to carry out its obligations under this Agreement, and to grant the rights granted to the other Party herein; (iii) the execution of this Agreement by such party, and the performance by such party of its obligations and duties hereunder do not and will not violate any other agreement to which such party is a party or by which it is otherwise bound; and (iv) it and its performance hereunder will comply with all applicable laws and regulations.
10.2 VoiceStack warrants that (i) it will not knowingly include in the Services provided to Customer hereunder, any computer code or other computer instructions, devices or techniques, including without limitation those known as disabling devices, trojans, or time bombs, that intentionally disrupt, disable, harm, infect, defraud, damage, or otherwise impede in any manner, the operation of a network, computer program or computer system or any component thereof, including its security or user data, and (ii) it will provide the support and professional services under this Agreement in a professional and workmanlike manner.
10.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 10, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE FEES PAID (OR PAYABLE) BY CUSTOMER TO VOICESTACK HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO A CLAIM HEREUNDER.
This Agreement represents the entire agreement between Customer and VoiceStack with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Customer and VoiceStack with respect thereto. The Agreement shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts of law rules, and the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Orlando, Florida. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Notices must be sent to the contacts for each party set forth on the Order Form. Either party may update its address set forth above by giving notice in accordance with this section. Except as otherwise provided herein, this Agreement may be amended only by a writing executed by both parties. Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including, without limitation, the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes lock-outs or labor disruptions; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts. Customer may not assign any of its rights or obligations hereunder without VoiceStack’s consent, except that Customer may assign all of its rights and obligations hereunder without such consent to a successor-in-interest in connection with a sale of substantially all of such party’s business relating to this Agreement, which is not a competitor of VoiceStack. VoiceStack may utilize subcontractors in the performance of its obligations hereunder and may freely transfer and assign any of its rights and obligations under this Agreement. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of either party to act with respect to a breach of this Agreement by the other party shall not constitute a waiver and shall not limit such party’s rights with respect to such breach or any subsequent breaches.
VoiceStack has formulated this VoiceStack Acceptable Use Policy ("AUP") in order to encourage the responsible use of VoiceStack’s networks, equipment, systems, services, web sites, and products (collectively, the "VoiceStack Services") by its customers, users granted access by customers, and any other users of the VoiceStack Services (collectively, "Users"), and to enable it to provide its Users with secure, reliable and productive services. By using the VoiceStack Services, Users consent to be bound by the terms of this AUP. VoiceStack reserves the right to modify this AUP in its discretion at any time. Any use of the VoiceStack Services after such modification shall constitute acceptance of such modification.
VoiceStack Services are for Users’ direct business use and Users shall not, under any circumstances, resell, retail, repackage for sale, distribute or wholesale or otherwise commercially distribute the services described herein by itself or in conjunction with any other services provided by Users. The VoiceStack Services must be used in a manner that is consistent with the intended purpose of the VoiceStack Services and may be used only for lawful purposes. Users shall not use the VoiceStack Services to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; or (b) that may expose VoiceStack to criminal or civil liability. Users are further prohibited from assisting any other person in violating any part of this AUP. VoiceStack takes no responsibility for any material created or accessible on or through the VoiceStack Services. VoiceStack is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that VoiceStack becomes aware that any such material may violate this AUP and/or expose VoiceStack to civil or criminal liability, VoiceStack reserves the right to block access to such material and suspend or terminate any Users creating, storing or disseminating such material. VoiceStack further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the Users that VoiceStack deems responsible for the wrongdoing. Users shall not use the VoiceStack Services to transmit, distribute or store material that is illegal or illicit. Material accessible through the VoiceStack Services may be subject to protection under privacy, publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the VoiceStack Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. Users shall not use the VoiceStack Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the VoiceStack Services, any other network or equipment, or other users. Users shall not use the VoiceStack Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards. Users shall only use authentication credentials to make and receive phone calls and services on approved VoiceStack Devices. Users shall not use any device and/or software that has not been authorized by VoiceStack. User agrees to only use Services for normal and regular business use. Any attempt to use any other device or software not approved by VoiceStack in writing or use VoiceStack for any other purpose than normal business service as approved by VoiceStack will be investigated and prosecuted to the full extent of the Law. Users shall not use the VoiceStack Services to send unsolicited email messages, including, without limitation, bulk commercial advertising or informational announcements ("spam"). Further, Users are prohibited from using the service of another provider to send spam or to promote a site hosted on or connected to the VoiceStack Services. Users are prohibited from violating or attempting to violate the security of the VoiceStack Services , including, without limitation, (a) accessing data not intended for such Users or logging into a server or account which such Users is not authorized to access, (b) impersonating VoiceStack personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any Subscriber, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing", (e) forging any TCP/IP packet header or any part of the header information in any e mail or newsgroup posting, (f) taking any action in order to obtain services to which such User is not entitled, or (g) attempting to utilize another Subscriber's account name or persona without authorization from that User. Users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for VoiceStack services. Violations of system or network security may result in civil or criminal liability. VoiceStack will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.