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Terms and Conditions of Usage Any person or entity (hereinafter known as "The User") utilising, or facilitating or causing the usage of the website, services or APIs offered via the website www.numberportabilitylookup.com agrees (and signals their agreement by the initiation of such usage) to be bound by the following terms and conditions, and service agreement set out below, hereinafter known as the "Agreement". Description of The Service The website at numberportabilitylookup.com is the conduit for provision of a service (hereinafter known as "The Service") to query the identity of the network operator responsible for providing telephone service to a specified telephone number. Operation of The Service In operation of The Service, The User shall provide the following data to The Service: - User's allocated account username - User's allocated account password - The E.164 formatted mobile number or NANP number to query The provision of each individual phone number to The Service shall hereinafter be known as a "network query": In response, The Service will provide some or all of the following data points to The User: - The phone number queried - The Mobile Country Code (MCC) and Mobile Network Code (MNC) of the network operator - The OCN code and name the network operator (North America only) - Whether the number is a MOBILE or LANDLINE number (where supported) - Live subscriber status (where supported) - Number type: Landline / Mobile (where supported) - Subscriber IMSI (where available) - Error / status code (if applicable) - Account status information concerning number of queries performed Password Security In order to operate The Service, The User will choose or be allocated an account username and password which is used to identify The User to The Service for authentication and billing purposes. It is the responsibility of The User to ensure the security of their password. The password may not be revealed to any third party at any time, under any circumstances. The User is responsible for, and agrees to pay for, all activity transacted using their username and password. In the event of a password breach, The User shall be responsible for all charges incurred until such time as Wizard Island Software has been notified and acknowledged notification of such situation, at which point The User be issued with a replacement password. Representations and Warranty The services provided are largely dependent on the effective functioning of third party mobile networks operators, and intermediate connectivity providers. Wizard Island Software shall take reasonable steps to ensure uninterrupted availability of The Service, but due to the reliance on third party networks, does not guarantee the availability, scope, or accuracy of The Service. The Service is provided "as is"; Wizard Island Software makes no warranty, express or implied, of the merchantability of The Service or its fitness for any particular purpose. In no circumstances shall Wizard Island Software be liable for any damage, loss of profits, or any indirect or consequential loss arising out of the use of The Service or inability to use The Service, even if Wizard Island Software has been advised of the possibility of such loss. The User should verify which networks are covered, and the accuracy of any data returned by The Service prior to, and during, the processing of any large batches. In the process of attempting to process a network query, resources are used and expenses are incurred. Therefore, Wizard Island Software reserves the right to charge for every network query attempted. The User accepts responsibility to ensure all numbers submitted are valid and correctly formatted, as refunds are not available for any network queries that have been submitted to, and/or processed by The Service. Modification and Termination of The Service Network operators and third party suppliers may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event Wizard Island Software shall be entitled to modify, enhance, develop or discontinue The Service at any time, possibly without notice. Wizard Island Software reserves the right to modify or terminate The Service at any time at its sole discretion. For operational reasons, changes may occur in how network queries are routed and which networks are covered. Wherever possible, Wizard Island Software will endeavour to retain backward compatibility with any previous versions of The Service, but where necessary, at the sole discretion of Wizard Island Software, this compatibility may be broken. Payment and Pricing Wizard Island Software operates The Service via a prepaid account balance, whereby the user purchases a block of network queries in advance and is then able to utilise these queries at their convenience. Following a brief verification procedure, new accounts are provided with an account balance of 5 lookups in order to test our service for suitability. The creation of multiple new accounts by the same person or entity shall be viewed as an attempt to fraudulently use The Service without payment. In such situations, Wizard Island Software reserves the right to reclaim its costs, and may report any such violations or abuse to appropriate ISPs and/or law enforcement agencies. Up-to-date pricing details are available on the "Pricing" page of the website www.numberportabilitylookup.com. Pricing is subject to change due to market conditions and costs of providing The Service. Payment Terms Without prejudice to any other right that it may have in law, Wizard Island Software shall have the right to suspend or disable the operation of any user account and the provision of services to any user where the account balance reaches zero, where payment of charges have not been made in full by the due date, or where Wizard Island Software reasonably suspects that payment has been made or effected by fraudulent means. The User's online account provides a facility to receive an email notification when the account balance falls below a threshold specified by The User. The Service also provides an API by which The User may make automated queries of their remaining account balance. It is The User's responsibility to monitor their account balance and to make additional payments at the appropriate time in order to prevent service disruption. Where payment is made through The User's online account via card payment, the available funds are immediately and automatically credited to The User's account without delay. Wizard Island Software shall not be liable for The User's inability to use the service due to insufficient account balance. Upon prior agreement, and at the sole discretion of Wizard Island Software, The User may be offered the option of a small, limited "overdraft" facility to reduce the possibility of service disruption in the event that the account balance reaches zero. Once the account balance falls below zero, The User is expected to make urgent and immediate payment to bring their account into good standing. Any such overdraft facility provided is intended for temporary use to avoid service disruption, and is not intended to function as a post-paid credit account. Repeated or extended usage of the overdraft facility may result in such facility being withdrawn. Variation of Pricing Network service providers' charges for use of their networks may vary, and Wizard Island Software may be required to update its charges for The Service from time to time, and will endeavour to provide prior written or electronic notification of any changes of this nature to The User. Responsibility of Use The User must comply with all applicable laws, regulations and network operator requirements. Any complaint from a network operator would be regarded in a very serious light, and the responsible user may be suspended and forfeit any remaining prepaid credit. Wizard Island Software may block numbers and members from its service should complaints be received. The User is responsible for any fees and costs resulting from or in relation to a carrier complaint, such costs to include any fees, fines, or legal costs incurred by Wizard Island Software plus a handling fee of 500 US Dollars per incident. Fees must be paid within 30 days to avoid late fees and interest. The User must have express or implied permission of the owner of the cellular telephone before performing a network query. Number queries should not be performed in such a way as to invade the privacy or any person or in contravention of any privacy laws or regulations. Accounts which are created fraudulently, which use obscured IP addresses or VPN services, or which are registered under false identities may be suspended or deleted at the sole discretion of Wizard Island Software without discussion, notice, or refund. No Joint Venture It is expressly understood and agreed by both Parties that there is no actual creation of a joint venture or the intent to create the appearance of a joint venture between the Parties. It is intended that both Parties shall operate in the capacity of an independent contractor and nothing contained herein or done pursuant to this Agreement shall be construed to imply the existence of a partnership, joint venture, principal and agent, or employer and employee relationship between the Parties. Neither party shall have the right, power, or authority to create any obligations, expressed or implied, on behalf of the other, except as expressly provided herein. Indemnification Each party shall promptly advise the other by written, certified or overnight mail of all actions at law or otherwise arising out of all work produced and/or services performed in connection with this Agreement. Each party (the "Indemnitor") undertakes to indemnify the other (the "Indemnified Party") against, and hold the Indemnified Party harmless for any cost, liability, damage, judgement, penalty and/or fine, including but not limited to reasonable legal fees, directly or indirectly sustained or paid by Indemnified Party by suit, claim, settlement, or otherwise in an individual or class action, by a private party or of any agency of any government, as a result of any act or practice by the Indemnitors, or any of its agents, servants, employees, or successors in, or arising out of the breach of the representations, warranties and covenants or other Agreements of the Indemnitor contained herein. Neither party will be liable for consequential, special or indirect damages. The foregoing indemnities shall survive termination of this Agreement and apply to any claim, demand, suit, judgement or recovery which shall at any time be made either during or after the term of the Agreement or any renewal thereof. Confidentiality and Non Disclosure In furtherance of the business relationship, the Parties agree to make available to each other under the provisions of this Agreement, certain restricted Information including but not limited to sales, commercial, customer, supplier, technical, price, and new product Information, documentation, technical data and/or other proprietary and trade secret Information ("Confidential Information"). The receiving party agrees to treat as Confidential and secret any Confidential Information which may come into its possession or knowledge by reason of its business relationship with the disclosing party or otherwise and to require by Agreement, instruction or otherwise each of its employees receiving Confidential Information to treat such Confidential Information in accordance with the conditions of this Agreement and to make no disclosure to any third party unless specifically authorised by prior written consent of the disclosing party. The receiving party shall hold and maintain all Confidential Information as Confidential and shall not disclose such Confidential Information for a period of two (2) years from the date of its disclosure. The receiving party shall not remove from the disclosing party' location documents or materials not specifically provided by the disclosing party for such removal nor make any copies of Confidential Information without the express written consent of the disclosing party, and the receiving party shall maintain and protect the Confidential Information with the same degree of care and control as it uses to keep Confidential its own proprietary Information, but in any event with not less than a reasonable degree of care. The receiving party shall reveal Confidential Information to its employees only on a "need to know" basis. The receiving party shall use Confidential Information only in connection with its business relationship with the disclosing party, and shall make no other use of Confidential Information in whole or in part. In particular but without limitation the receiving party shall not use nor cause to be used any Confidential Information in the course or pursuit of any other business relationship or otherwise with any person or entity which is acting or may act in business competition with the disclosing party. In no event shall the signature or acceptance of this Agreement act as a grant of a license, either directly or indirectly under any patent or copyright held now or at any time. In particular, the Parties understand and agree that future product plans may be subject to change without notice at any time and that they shall have no obligation to execute such plans and shall have no liability as a result of any change to such plans. The restrictions on disclosure of Confidential Information contained herein shall not apply to any Information which is contained in a printed and publicly available publication prior to the date of this Agreement; is or becomes publicly known through no wrongful act or failure to act on the part of receiving party; is known by receiving party without any restrictions as to non-disclosure at the time of receipt from the disclosing party; or becomes rightfully known to receiving party without restrictions from a source other than the disclosing party. Intellectual Property All intellectual property relating to The Service, the systems that provide The Service and downloads are retained by SES IP Holdings Ltd, a limited liability company registered in England and Wales. The Service is operated under licence by Wizard Island Software LLC. The User retains ownership of any original content provided when using The Service. The User may not, directly or indirectly decompile, disassemble or reverse engineer The Service, but must comply with all national and international laws pertaining to intellectual property rights. Waiver The failure by either party at any time to enforce any of its powers, remedies or rights under this Agreement will not constitute a waiver of those powers, remedies or rights or affect the party's rights to enforce those powers, remedies or rights at any time. Any single or partial exercise of any power, remedy or right does not preclude any other or further exercise of it or the exercise of any other power, remedy or right under this Agreement. Termination Either party may terminate this Agreement at any time by sending a notification in writing to the other party, giving notice of 30 (thirty) or more calendar days. Any outstanding fees and invoice payments due to Wizard Island Software for usage of The Service or for any other purpose will remain payable. This Agreement will apply the entire time that The User has a valid account with The Service, whether that be in credit or debt unless terminated and released by Wizard Island Software. The sections of this Agreement relating to Payment and Pricing, Joint Venture, Confidentiality and Non Disclosure, and Record Retention shall remain in force even after termination of this Agreement. Record Retention During the Term of this Agreement and any extension thereof and for a period of one (1) year after the termination or expiration of this Agreement, each party shall keep and maintain full, true, and complete records and books of account relating to all services provided to the other party in written and/or electronic form and warrants the latter will be readily retrievable and free of degradation. Each party grants the other party and its agents and representatives the right to examine, audit, take excerpts from and make copies of any such records, books of account and any other documents and correspondence at all reasonable times and on reasonable notice during the period the party is required to maintain such records Assignments / Transfer This Agreement is not transferable or assignable by either party hereto in whole or in part without prior written consent of the other party and subject to such terms and conditions as the other party may reasonably impose. The provisions of this Paragraph do not apply to an assignment to an affiliate of either party hereto or a business entity which at any time by merger, consolidation or otherwise acquires all or substantially all of the assets of either party or to which either party transfers all or substantially all of their assets. Upon such assignment, delegation or transfer, any such affiliate, subsidiary or business entity shall be deemed to be substituted for all purposes as the party hereunder. Governing Law, Errors and Omissions Where any error, grey area, or potential loophole exists in the wording or layout of this Agreement, the Agreement shall remain binding according to the spirit of the Agreement, as interpreted by the common sense of a judge of law. If any provision of this Agreement is held to be invalid, illegal or unenforceable then such provision shall be automatically modified to the extent necessary to make it valid, legal and enforceable whilst preserving the intent of the Parties and all other provisions of this Agreement shall be regarded as fully valid and enforceable unless otherwise proved. The Laws of the United States shall govern this Agreement and the Parties hereto submit to the jurisdiction of the courts. Entire Agreement This Agreement sets forth the entire Agreement and understandings between the Parties as to the subject matter hereof and supersedes, cancels and merges all prior Agreements, negotiations, commitments, writings, and discussions between the Parties as to the subject matter. Neither party shall be bound by any conditions or representations in respect of the subject matter of this Agreement except as may be expressly provided in this Agreement or duly set forth in writing on or after the date of this Agreement and executed by authorised representatives of the Parties. |
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