Ownership of Site and Privilege of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Octilla website located at www.octilla.com, and all associated sites linked to www.octilla.com by Via One Networks, LLC., (“Via One”), its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Via One. BY USING THE SITE, EACH USER BECOMES A “CUSTOMER” FOR PURPOSES OF THESE TERMS OF USE, AND SAID CUSTOMER AGREES TO THESE TERMS OF USE. As long as Customer complies with these Terms of Use, Via One grants Customer a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Modifications to Terms of Use and Site

Via One reserves the right, at its sole discretion, to modify these Terms of Use at any time. It is Customer’s responsibility to check these Terms of Use periodically for changes.

Customer’s continued use of the Site following the posting of changes to these Terms of Use will mean that Customer accepts and agrees to the changes.

ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Via One reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, for any reason whatsoever, including as necessary to perform routine or non-routine maintenance, error correction, or other changes.

The information on the Site may be out of date, and Via One makes no commitment to update the information on the Site.

Protected Content and Content Use

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Via One, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Via One's express prior written consent.

Customer may use information on Via One products and services purposely made available by Via One for downloading from the Site, provided that Customer (1) not remove any proprietary notice language in all copies of such information, (2) use such information only for Customer’s personal, non-commercial informational purpose, (3) does not copy or post such information on any networked computer or broadcast it in any media, and (4) make no modifications to any such information.

Prohibited Activities

Customer may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Via One reserves the right to bar any such activity.

Customer may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Via One server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

Customer may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. Customer may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Via One, including any Via One account not owned by Customer, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Customer’s own information, as provided for by the Site.

Customer may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Via One’s systems or networks, or any systems or networks connected to the Site or to Via One.

Customer may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

Customer may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal Customer send to Via One on or through the Site or any service offered on or through the Site. Customer may not pretend that Customer is, or that Customer represents, someone else, or otherwise impersonate any other individual or entity.

Customer may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Via One or others.

Customer may not use the Site for any sending, posting, transmitting, displaying, distributing, or knowingly receiving of or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or messages that might be considered lewd, lascivious, excessively violent or otherwise offensive.

Customer may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.

Purchases - Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features. These additional terms and conditions are made a part of these overall Terms of Use by this reference. Customer agrees to abide by such other terms and conditions. If there is a conflict between these Terms of Use and such additional terms and conditions, the latter terms shall take precedence with respect to Customer’s use of that portion or feature of the Site.

Via One’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing in these Terms of Use or otherwise on this Site should be construed to alter such agreements.

Customer’s User ID, Account and Password

Certain features or services offered through the Site may require Customer to open an account (including setting up a Via One user ID and password). Customer is entirely responsible for maintaining the confidentiality of Customer user ID, password, and account information, and for any and all activity that occurs under Customer’s user ID, account or password. Customer agrees to notify Via One immediately of any unauthorized use of Customer’s user ID, account or password, or any other breach of security that may affect Customer’s user ID, account or password. However, Customer shall indemnify, defend, and hold Via One harmless from and against any losses or claims incurred by Via One or any third party as a result of someone else using Customer’s Via One user ID, password or account information. Customer may not use anyone else's Via One user ID, password or account information at any time without the express permission and consent of the holder of that Via One user ID, password or account information.

Privacy Policy

Via One’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Via One's Privacy Policy, visit www.worldphonefordummies.com and see our Privacy Policy section.

Linked Sites

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Via One's control, and Via One is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Customer will need to make Customer’s own independent judgment regarding Customer interaction with and use of these Linked Sites.

Disclaimers

VIA ONE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT CUSTOMER’S USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. VIA ONE CANNOT ENSURE THAT ANY FILES OR OTHER DATA CUSTOMER DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. VIA ONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIA ONE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO CUSTOMER’S USE OF THE SITE. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR CUSTOMER USE OF THE SITE AND ANY LINKED SITES. CUSTOMER’S SOLE REMEDY AGAINST VIA ONE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE AND ANY CONTENT PROVIDED ON THE SITE.

In addition, Via One also specifically disclaims any liability to Customer for any damages, liability or injuries relating to Customer’s use of the Site or the Content and caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction of property or information, unauthorized access to property or information, alteration of property or information, or use of property or information.

Limitation of Liability and Indemnification

Via One is not liable for any loss or damage arising from Customer’s failure to comply with its obligations under these Terms of Use. Except where prohibited by law, in no event will Via One be liable to Customer for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Via One has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Via One is found to be liable to Customer for any damage or loss which arises out of or is in any way connected with Customer’s use of the Site or any Content, Via One's liability shall in no event exceed the greater of (1) the total of any fees with respect to any product, service or feature of or on the Site actually paid by Customer in the calendar month prior to the date of the initial claim made against Via One, or (2) $100.00 USD.

Customer agrees to indemnify and hold Via One, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Via One by any third party due to or arising out of or in connection with Customer’s use of the Site.

Preservation and Disclosure of Customer Information

Via One may preserve disclose any information, transmittal or communications it has by or about Customer (including Customer identity) if Via One determines that such disclosure is necessary in connection with any investigation or complaint, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Via One's rights or property, or the rights or property of visitors to or users of the Site. Via One reserves the right at all times to disclose any information that Via One deems necessary to (1) comply with any applicable law, regulation, legal process or governmental request, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Via One, its employees, users of or visitors to the Site, and the public.. Via One also may disclose Customer information when exchanging information with other companies and organizations for fraud protection purposes.

Restrictions on Access

Customer agrees that Via One may, in its sole discretion and without prior notice, restrict or terminate Customer’s access to the Site for any reason whatsoever, including if Via One determines that Customer has violated these Terms of Use. Customer also agrees that Via One may, in its sole discretion and without prior notice, terminate Customer’s access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by Customer (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

Customer agrees that Via One will not be liable to Customer or to any third party for termination of Customer access to the Site.

Governing Law; Dispute Resolution

Customer agrees that all matters relating to Customer access to or use of the Site, including all disputes, will be governed by the laws of the state of New York without regard to its conflicts of laws provisions. Customer agrees to the personal jurisdiction by and venue of the competent court of the state or federal court located in the state, city and county of New York, and waives any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

Customer also agrees that any violation by Customer of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Via One, for which monetary damages would be inadequate, and Customer consents to Via One obtaining any injunctive or equitable relief that Via One deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Via One may have at law or in equity. If Via One does take any legal action against Customer as a result of Customer’s violation of these Terms of Use, Via One will be entitled to recover from Customer, and Customer agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Via One.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between Customer and Via One with regard to Customer’s use of the Site, and any and all other written or oral agreements or understandings previously existing between Customer and Via One with respect to such use are hereby superseded and cancelled. Via One will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Via One's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Via One of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Via One and Customer or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Via One provides access to Via One international data and, therefore, may contain references or cross references to Via One products, programs and services that are not announced in Customer’s country. Such references do not imply that Via One operates in Customer’s country or intends to announce local availability of such products, programs or services.

Feedback and Information

Any feedback Customer provides at this site shall be considered to be non-confidential. Via One shall be free to use such information on an unrestricted basis.

VIA ONE RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.