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XCHANGE TELECOM WEBSITE TERMS OF USE 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 Agent: M. Gross - Designated Agent for DMCA Notices Xchange Telecom Corp. P.O. Box 190433 Brooklyn, NY 11219-0433 Email address: DMCACompliance@Xchangetele.com 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 Copyright 2011 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 copyright notice. The information on the Site may not be altered, distributed or displayed without the express consent of Xchange. 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. Links 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 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 without restriction. Access 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. No Warranties 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. Indemnity 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 by you. Termination 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. </div>