Designated Agent for Digital Millennium Copyright Act Claims
Pursuant to Title II of the Digital
Millennium Copyright Act, all claims of copyright infringement for material
that is believed to be residing on Xchange Telecom Corp.’s and its
subsidiaries’ (Collectively, XChange) systems or networks should be
promptly sent in the form of written notice to Xchange’s Designated
M. Gross - Designated Agent for DMCA Notices
Xchange Telecom Corp.
P.O. Box 190433
Brooklyn, NY 11219-0433
All claims must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
- Identification of the copyrighted
work claimed to have been infringed, or if multiple copyrighted works
at a single on-line site are covered by a single notification, a representative
list of such works at that site;
- Identification of the material
that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit the service provider
to locate the material;
- Information reasonably sufficient
to permit the service provider to contact the Complaining Party, such
as an address, telephone number, and if available, an electronic mail
address at which the complaining party may be contacted;
- A statement that the Complaining
Party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or
the law; and
- A statement that the information
in the notification is accurate, and under penalty of perjury, that
the Complaining Party is authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Copyright & Trademark Notice
Xchange. All rights
reserved. Permission to access, print, download, copy and distribute
all documents and related graphics from this World Wide Web (WWW) server
is granted subject to the following:
- The materials provided herein
are for internal, non-commercial use only, and
- Any copies of documents
contained within this server or portions thereof must include the above
- The information on the Site
may not be altered, distributed or displayed without the express consent
Xchange may change the content of the
Site at any time, without prior notification, and will not be liable
to any party in any way for possible consequences of such changes. The
trademarks, trade names, service marks and products referenced on this
site ("Marks") are protected in the United States and internationally.
The use or misuse of the Marks, except as permitted herein, is expressly
prohibited and may be in violation of copyright law, trademark law,
the law of slander and libel, the law of privacy and publicity, and
communications regulations and statutes.
Each document published by Xchange
on this server may contain other proprietary notices or describe products,
services, processes or technologies owned by Xchange or third parties.
Nothing contained herein shall be construed as granting to the user
a license under any copyright, trademark, patent or other intellectual
property right of Xchange or any third party.
The Site may provide links or references
to other sites. The Company shall have no responsibility for the content
of such other sites, nor have any liability for any damages or injury
arising from your access to, or use of content on, such other sites.
Xchange Telecom has no knowledge of information contained in such other
sites or the policies applicable to your access to, and use of, such
other sites. Xchange Telecom takes no responsibility whatsoever for
such information or policies and accepts no liability for any damages
resulting from your access to or use of such other sites. Xchange Telecom
reserves the right to terminate any link or linking program at any time.
The Company does not endorse companies or products to which it links
and reserves the right not to link or endorse as such on its web pages.
If you decide to access any of the third party sites linked to the site,
you do so entirely at your own risk.
Registration may be required for you
to access or use any or all of the Services offered by Xchange Telecom.
You must provide accurate, current and complete information as requested
on the "Sign Up" page. You acknowledge you are of legal age,
provided true information and are fully authorized to sign on behalf
of the entity requesting Service.
Consent to Monitoring and Disclosure
Xchange is under no obligation to monitor
the information residing on or transmitted to this server or website.
However, anyone using this server agrees that Xchange may monitor the
server contents periodically to (1) comply with any necessary laws,
regulations or other governmental requests; (2) to operate the server
properly or to protect itself and its users. Xchange reserves the right
to modify, reject or eliminate any information residing on or transmitted
to its server that it, in its sole discretion, believes is unacceptable
or in violation of these terms and conditions.
Should any user of information on this
server provide Xchange with information, including but not limited to
feedback, data, answers, questions, comments, suggestions, plans, ideas
or the like, such information shall be deemed to be nonconfidential
and Xchange assumes no obligation to protect such information from disclosure.
The submission of such information to Xchange shall in no way prevent
the purchase, manufacture or use of similar products, services, plans
and ideas by Xchange for any purpose whatever and Xchange shall be free
to reproduce, use, disclose and distribute the information to others
You agree that unless you have permission
from Xchange under a separate agreement: (1) you will not access the
website by any means other than through the interface that is provided
by Xchange, and (2) you will not use any automated processes, systems
or applications, including without limitation, spiders, robots, web
crawlers, data miners or offline readers to: (a) access the website
in a manner that sends more requests or transactions to the website
in a specified period of time than a human can reasonably generate manually
in such period using a traditional web browser; or (b) obtain information
or content from the website.
You agree (1) not to post or transmit
any message which is libelous, defamatory or which discloses private
or personal matters concerning any person; (2) not to post or transmit
any message, data, image or program which is pornographic in nature;
(3) not to interfere or disrupt this Site or networks connected to this
site: (4) not to post or transmit any file which contains viruses, worms
or any other contaminating or destructive features; (5) not to use the
Site to collect or obtain personal information , including without limitation,
financial information, about others users of the Site; (6) not to impersonate
any person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity; (7) not to use the facilities and
capabilities of the Site to conduct any activity or solicit the performance
of any illegal activity or other activity which infringes the rights
of others. You agree to comply with all policies and procedures connected
to the Site.
You further agree that you will not
engage in any activity that interferes with or disrupts the website
(or the servers and networks associated with or connected to the website)
or otherwise causes harm to Xchange’s systems, networks or customers.
Disclaimer of Liability
THE USER OF THIS SYSTEM ASSUMES
ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET
GENERALLY. XCHANGE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION
ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT
LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT.
XCHANGE DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS,
PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE
FROM THE SERVER. IN NO EVENT SHALL
XCHANGE BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF THE INFORMATION ON THIS SERVER OR THE INTERNET GENERALLY.
Any Xchange material on this server
may include technical inaccuracies or typographical errors. Xchange
has the right to make changes and updates to any information contained
within this server without prior notice.
THE INFORMATION PROVIDED ON THIS
SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO
ADVICE OR INFORMATION GIVEN BY XCHANGE, ITS AFFILIATES OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER
XCHANGE NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SERVER
OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR
THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS
SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Disclaimer of Endorsement
Reference herein to any products, services,
processes, hypertext links to third parties or other information by
trade name, trademark, manufacturer, supplier or otherwise does not
necessarily constitute or imply its endorsement, sponsorship or recommendation
by Xchange. Product and service information is the sole responsibility
of each individual vendor. The Xchange name and logo and other trademarks
and trade names owned by Xchange may not be used in any commercial manner
without the prior written consent of Xchange.
You agree to indemnify, defend and
hold harmless Xchange Telecom, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to the
Site from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this Agreement
This Agreement may be able terminated
by either party without notice at any time for any reason; provided
that you may no longer use the Site after you have terminated this Agreement.
Any rights, obligations and remedies previously accrued under this Agreement
survive the termination of this Agreement.