Welcome to Business Plus!

Thanks for using our products and services (“Services”). The Services are provided by Weycorp Inc and its affiliates (“Business Plus”), located at 800 Custer Avenue, Norfolk, NE 68701, United States.

By purchasing, subscribing to, or using Business Plus’s services or using Business Plus’s website, you agree to the terms and conditions set forth in these Terms of Service. For other terms and conditions that govern your use of Business Plus’s services and its website, please review the Legal page of the Business Plus website. Please read them carefully.

You represent and warrant that: (i) You possesses the legal right and capacity to enter into the agreement with Business Plus and to perform all of Your obligations thereunder; (ii) You are of legal age to enter into this Agreement; (iii) You have full power and authority to execute and deliver any agreement documents and to perform all of Your obligations thereunder; (v) if You accept on behalf of an organization, You're telling us that You are authorized to bind that organization, and references to "You" expressly includes without limitation the entity You represent; and (iv) You shall be bound by the agreement.

Our Services are very diverse. Additional terms or product requirements (including age requirements) may apply. Additional terms, including those required by our Affiliates, will be available with the relevant Services. Those additional terms become part of your agreement with Business Plus if you use those Services.

Using our Services

You must follow any policies made available to you within the Services.

Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

Business Plus gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Business Plus as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Business Plus, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Framing & Linking

You may not frame, enclose, or otherwise use any Business Plus trademark, logo, design, image, page layout, or other proprietary information displayed within this Services without the prior written permission of Business Plus or its affiliates. See the Copyright and Trademarks and Service Marks sections below for further information.

Subject to the restrictions in this Agreement, including without limitation those in the Limited License section above, Business Plus grants to you a limited, nonexclusive right to create a hypertext link (“link”) to the home page of our Services so long as your link does not portray Business Plus or any of its Services in a false, misleading, or otherwise defamatory manner. You may not use a Business Plus design, logo, or other proprietary graphic, trademark, or registered trademark to link to our Services without the express written permission of Business Plus. Business Plus reserves the right, at all times in its sole discretion, to terminate your rights to create a link to our Services homepage.

Purchase of Services

You are purchasing a subscription for the Services set forth in Your initial order, and agreeing to use and pay for the same as set forth for the entire period in the initial order (the “Initial Term”), and any Renewal Terms. You agree to be financially responsible for Your use of the Services, including the authorized or unauthorized use of Your Account. In order to use the Plan Services, You must have properly configured and working Internet service or broadband connection.

Account Registration

Upon signing up for the Services and at subsequent times as requested by Business Plus, You or Your End Users may be required to provide certain information in order to begin using or to update the Services, activate features, or add or modify an individuals service (e.g., activating an Account or End User or provisioning a device) (“Registration Information”). You hereby grant to Business Plus permission and a perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, non-transferable right and license to copy, reproduce, store, record, disclose, transmit, display, access, and use Registration Information in connection with the activation, provision, support, improvement, administration, or management of Your Services, as set forth or otherwise permitted by Law. You represent and warrant that all Registration Information provided to Business Plus by or on behalf of You or any End User will be true, accurate, current, and complete, and that You will promptly confirm, update, or supplement Registration Information on file upon Business Plus’s request or in the event that such Registration Information changes.

Account Administrators

The End User(s) You designate as Account Administrator(s) of Your Services will have rights to set or modify the settings or preferences of other End Users of Your Account. You are responsible for all acts and omissions of Your Account Administrators, and any other End Users, including without limitation any changes or purchases such individuals may make to Your Account.

Term and Automatic Renewal

Your license to the Services is provided for the Initial Term.

The Initial Term for all Services will renew automatically for successive terms of the same length (each, a “Renewal Term”) without further action by or notice to You unless You notify Business Plus customer service of non-renewal at least thirty (30) days before the end of the Initial Term or then-current Renewal Term. The Initial Term together with any Renewal Terms are collectively the “Term”.

Modifying and Terminating our Services

We are constantly changing and improving our Services. Business Plus, in its sole discretion, reserves the right to add, remove, or modify features or functions, and to provide fixes, updates and upgrades to Services without notification to you. You acknowledge and agree that Business Plus has no obligation to make available to You any subsequent versions of Services; provided, however, Business Plus shall make available to You any such features, functions, fixes, updates and upgrades and subsequent versions of Services that Business Plus makes generally available at no additional charge to customers who subscribe to the same edition of the Services purchased by You. In addition, You and Business Plus acknowledge that no third-party has any obligation whatsoever to furnish maintenance or support services with respect to Services and that Business Plus is solely responsible for the provision of maintenance and support as provided and to the extent such maintenance and support is required under applicable Law.

For billing information, please see Billing & Payments section below.

Support & Feedback

Business Plus will make support available to You and Your End Users via its call center, which will be available to attempt to resolve technical issues with, and answer questions regarding the implementation or use of, the Services. Such support shall not include, and Business Plus shall have no obligation hereunder to perform, any of the following: (i) on-site support; (ii) implementation of any software or hardware; (iii) configuration of any device; (iv) dedicated representative support; or (v) network or third party equipment support. If You have a member support issue, You may visit https://support.businessplus.com or open a support ticket with Business Plus Member Care (“Member Care”) at https://support.businessplus.com. Any End User contacting Member Care may be required to provide certain verifying information (e.g., the answer to a security question on file) to receive support from Member Care, and Member Care may limit the level of support that it will provide or scope of information that it will disclose or confirm to any inquiring End User based on the scope of his or her Account rights or permissions.

From time to time, Business Plus may send You surveys, comment cards, member satisfaction forms, or other requests to provide feedback. You hereby grant Business Plus, its licensors, and suppliers a perpetual, unlimited, worldwide fully-paid up, royalty free license to use all feedback, answers, ideas, comments, or other information You provide to Business Plus.

Export Restrictions

You acknowledge and agree that the software and/or hardware used in conjunction with our Services may be subject to Canada, United States and other foreign Laws and regulations governing the export, re-export, and/or transfer of software by physical or electronic means. You agree, represent, covenant, and warrant that: (i) neither You nor any End User (nor any entity or person that controls You or any End User): (a) is located in an Embargoed Area or listed on any Export Control List or (b) will export or re-export any Business Plus software or hardware into any Embargoed Area or to any person, entity, or organization on any Export Control List, or to any person, entity, or organization subject to economic sanctions due to ownership or control by any such person, entity, or organization, without prior authorization by license, license exception, or license exemption; and (ii) our Services and Business Plus software and/or hardware will not be Used or accessed from any Embargoed Area.

Limited License

Business Plus grants You and Your End Users a limited, personal, revocable, non-exclusive, non-sub-licensable, non-assignable, non-transferable, non-resellable license to use the software and hardware provided in conjunction with the Services during the Term in strict accordance and solely for Your own internal business use. In the event of any expiration or termination of your subscription to Business Plus Services or termination of these Terms of Service, all license rights granted herein or in connection with any software or hardware immediately terminate.

Any other redistribution, retransmission, copying, or publication of any content from our Services is strictly prohibited without the express written consent of Business Plus. Our grant of this limited license does not include, without limitation: (1) any right of resale or commercial use of the Services or any of its content; (2) the collection and use of any service or product listings or descriptions; (3) making derivative uses of the Services or any of its contents; or (4) use of any data mining, “spiders,” “robots,” “wanderers,” or similar data gathering and extraction methods; (5) any access, or attempt to access, any materials or information from our Services through any means not purposely made available by Business Plus, including but not limited to bypassing the navigational structure of our Services. Except as noted above, Business Plus does not grant to you any right or license by implication, estoppel, or otherwise in or under any copyright, trademark, service mark, registered trademark, or proprietary right of Business Plus or any third party. See the Copyright and Trademarks and Service Marks sections below for further information.

Privacy Policy

Business Plus’s Privacy Policy describes how Business Plus handles personal information, including information that may be obtained when you access the Site. Business Plus's Privacy Policy is available here. By using our Services, you consent to the collection, use and disclosure of personal information as set out in the Privacy Policy.

Security Policy

Business Plus recognizes that secure and reliable Service is critical to business operations. As a cloud service provider, Business Plus offers robust multi-tenant cloud Services with several layers of security built in. Business Plus's Security Policy is available here. By using our Services, you acknowledge and agree to the terms set out in the Security Policy.

Communications Policy

Business Plus provides access to communication services in a single platform, including by not limited to email, text messaging, business phone, mobile phone, facsimile, and direct mail communications. Business Plus's Communication Policy is available here. By using our Services, you acknowledge and agree to the terms set out in the Communications Policy.

Payment Processing Policy

Business Plus offers access to wholesale, pass-through payment processing, including by not limited to credit card, check, ACH, and wire transfer processing. Business Plus's Payment Processing Policy is available here. By using our Services, you acknowledge and agree to the terms set out in the Payment Processing Policy.

Taxes & Fees Policy

Business Plus is governed by Federal, State, and Local Tax laws. A list of taxes and fees can be found here. By using our Services, you acknowledge and agree to the terms set out in the Taxes & Fees Policy.

Prohibited Use of Services

Neither You nor any User of Your Services may use or allow use of Your Services in any of the following ways:

I. in any manner or for any purpose that is fraudulent, malicious, deceptive, dishonest, abusive, obscene, threatening, harassing, tortious, improper, defamatory, libelous, slanderous, or in violation of any Law;

II. to intentionally send or transmit unsolicited or “junk” or “spam” advertisements, communications, or messages (commercial or otherwise) without consent, including without limitation through email, voicemail, SMS, facsimile, or internet facsimile;

III. to harvest or otherwise collect information about others, including without limitation email addresses or personally-identifiable information, without their consent;

IV. to intentionally engage in blasting or broadcasting bulk communications, advertisements, or messages (e.g., sending hundreds of messages simultaneously), including without limitation through email, voicemail, SMS, facsimile, or internet facsimile;

V. to perform auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls) in violation of applicable Law;

VI. to transmit any communication that would violate any applicable Law, including but not limited to the Telephone Consumer Protection Act, the Junk Fax Prevention Act of 2005, the rules governing the DoNotCall Registry, Canadian Unsolicited Telecommunications Rules;

VII. to intentionally transmit or store any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware, or any other programs or materials that may be harmful or dangerous;

VIII. to transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value, including by creating a false Caller ID identity or forged email/SMS address or header or by otherwise attempting to mislead others as to the identity of the sender or the origin of any outbound Customer Communication;

IX. to infringe, misappropriate, or otherwise violate the foreign or domestic Intelectual Property Rights or proprietary right of any party, including without limitation by transmitting or storing any material that might infringe, misappropriate, or otherwise violate any such right;

X. to violate the right of privacy, personality, or publicity of any party, including without limitation by transmitting or storing any material that might violate any such right;

XI. to violate any Law regarding the transmission of technical data or information or software through the Plan Services;

XII. in any manner that interferes with Business Plus’s ability to provide high quality products or services to other customers;

XIII. to store PHI; or if You qualify as a “covered entity,” “business associate,” or “subcontractor” under HIPAA (or similar terms under similar legislation in other jurisdictions) or are otherwise subject to HIPAA, to transmit, receive, or store PHI without the Business Plus HIPAA setting being active and in effect.

A breach of obligations in this Section constitutes a material breach of these terms such that Business Plus may suspend service, terminate the Agreement immediately, or take any other action Business Plus deems necessary to enforce the terms of this Section.

Prohibited Acts

You represent, warrant, covenant, and agree that neither You nor any End User shall do any of the following during the Term:

I. transmit, upload, distribute in any way, or store any corrupted file or material that contains viruses, time bombs, Trojan horses, worms, malware, spyware, or any other programs or materials that may be harmful or dangerous or may damage the operation of the Services or another party’s computers, devices, equipment, systems, or networks;

II. take advantage of, bypass, exploit, or otherwise avoid Your obligations or the provisions, restrictions, and prohibitions set forth in this Section (or attempt to do so);

III. interfere with or disrupt networks or systems connected to Services;

IV. sell; resell; distribute; lease; export; import; or otherwise grant or purport to grant rights to third parties with respect to Services, and any software or hardware used in conjunction with the Services or any part thereof without Business Plus's prior written consent;

V. display or use of any Business Plus Mark in any manner in violation of Business Plus’s then-current policies on its trademark and logo usage or without Business Plus’s express, prior written permission, to be granted or denied in Business Plus’s sole discretion,

VI. display or use of any Third Party Mark without the prior, written consent of the third party that owns the Third Party Mark;

VII. undertake, direct, attempt, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Services or any software and hardware used in conjunction with the Services, or part thereof;

VIII. defeat, disable, or circumvent any protection mechanism related to Services;

IX. intercept, capture, sniff, monitor, modify, emulate, decrypt, or redirect any communication or data used by Business Plus for any purpose, including without limitation by causing the any product to connect to any computer server or other device not authorized by Business Plus or in any manner not authorized in advance in writing by Business Plus;

X. allow any service provider or other third party – with the sole exception of Business Plus’s authorized maintenance providers acting with Business Plus’s express, prior authorization – to use or execute any software commands that facilitate the maintenance or repair of any software or hardware used in conjunction with Services;

XI. gain access to or use (or attempt to gain access or use) any device, system, network, account, or plan in any unauthorized manner (including without limitation through password mining);

XII. engage in or to allow trunking or forwarding of Your Business Plus telephone or facsimile number to (an)other number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system; or

XIII. violate or take any action to jeopardize, limit, or interfere with Business Plus’s Intellectual Property Rights, including without limitation their Intellectual Property Rights in the software and hardware used in conjunction with Services.

A breach of obligations in this Section constitutes a material breach of these terms such that Business Plus may suspend service, terminate the Agreement immediately, or take any other action Business Plus deems necessary to enforce the terms of this Section.

Prohibited Use of Services

Neither You nor any User of Your Services may use or allow use of Your Services in any of the following ways:

I. in any manner or for any purpose that is fraudulent, malicious, deceptive, dishonest, abusive, obscene, threatening, harassing, tortious, improper, defamatory, libelous, slanderous, or in violation of any Law;

II. to intentionally send or transmit unsolicited or “junk” or “spam” advertisements, communications, or messages (commercial or otherwise) without consent, including without limitation through email, voicemail, SMS, facsimile, or internet facsimile;

III. to harvest or otherwise collect information about others, including without limitation email addresses or personally-identifiable information, without their consent;

IV. to intentionally engage in blasting or broadcasting bulk communications, advertisements, or messages (e.g., sending hundreds of messages simultaneously), including without limitation through email, voicemail, SMS, facsimile, or internet facsimile;

V. to perform auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls) in violation of applicable Law;

VI. to transmit any communication that would violate any applicable Law, including but not limited to the Telephone Consumer Protection Act, the Junk Fax Prevention Act of 2005, the rules governing the DoNotCall Registry, Canadian Unsolicited Telecommunications Rules;

VII. to intentionally transmit or store any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware, or any other programs or materials that may be harmful or dangerous;

VIII. to transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value, including by creating a false Caller ID identity or forged email/SMS address or header or by otherwise attempting to mislead others as to the identity of the sender or the origin of any outbound Customer Communication;

IX. to infringe, misappropriate, or otherwise violate the foreign or domestic Intellectual Property Rights or proprietary right of any party, including without limitation by transmitting or storing any material that might infringe, misappropriate, or otherwise violate any such right;

X. to violate the right of privacy, personality, or publicity of any party, including without limitation by transmitting or storing any material that might violate any such right;

XI. to violate any Law regarding the transmission of technical data or information or software through the Plan Services;

XII. in any manner that interferes with Business Plus’s ability to provide high quality products or services to other customers;

XIII. to store PHI; or if You qualify as a “covered entity,” “business associate,” or “subcontractor” under HIPAA (or similar terms under similar legislation in other jurisdictions) or are otherwise subject to HIPAA, to transmit, receive, or store PHI without the Business Plus HIPAA setting being active and in effect.

A breach of obligations in this Section constitutes a material breach of these terms such that Business Plus may suspend service, terminate the Agreement immediately, or take any other action Business Plus deems necessary to enforce the terms of this Section.

Termination

You understand and agree that Business Plus may at any time, and without additional notice to You, terminate, modify, suspend, disconnect, discontinue, or block access to some or all of the features of the Services if:

I. Business Plus determines or reasonably suspects that You have materially breached these Terms of Service;

II. Business Plus determines that You have created or caused to be created multiple free accounts;

III. Business Plus determines that You have used a fraudulent form of payment to pay for Service charges on Your Account;

IV. Business Plus determines that You have verbally insulted, abused, or harassed any of its employees, contractors, agents, or other representatives;

V. You did not or will not reasonably comply or cooperate with any applicable Law or regulation, or Business Plus is made aware of allegations of the same.

VI. Business Plus is ordered by law enforcement or other government agencies to suspend or terminate Service to Your Account;

VII. You bring any legal action or proceeding, including without limitation in any court, regulatory, or administrative body, arbitral body, or mediator, against Business Plus, or participate in any class action lawsuit against Business Plus;

VIII. You file a petition in bankruptcy or if a petition in bankruptcy is filed against You and such petition is not dismissed within thirty (30) days after the effective filing date thereof, or a trustee or receiver is appointed over any of Your relevant property;

IX. Business Plus determines that such action is necessary to protect, maintain, or improve the Services; to prevent fraud or misrepresentation by affirmative acts and/or omissions; to protect Business Plus, its customers, or other third parties affiliated with Business Plus; or for any other good cause;

X. You violate applicable Law; or

XI. As otherwise contemplated by these TOS.

Upon any termination or suspension of Your Account, Business Plus may immediately deactivate or delete Your Account and all related information and files in Your Account and/or restrict any further access to such files, information, or Services.

Business Plus shall not be liable to You or any third party for any reason for terminating or suspending Your use or access to the Services

If You or Business Plus terminate or suspend Your right to use the Services, You shall not be entitled to any refund or pro ration of any pre-paid amounts, Credits, or other amounts paid to Business Plus prior to the termination or suspension date.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Warranty Disclaimer

TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND BUSINESS PLUS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR OTHERWISE. SPECIFICALLY AND WITHOUT LIMITING THE FOREGOING IN ANY WAY, BUSINESS PLUS SPECIFICALLY DISCLAIMS ANY WARRANTY: (i) THAT ANY PRODUCT WILL MEET ANY PARTICULAR REQUIREMENTS; (ii) THAT ANY PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DEFECTS IN ANY PRODUCT WILL BE CORRECTED; OR (iii) RELATING TO THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF YOUR PLAN, ANY ACCOUNT, OR ANY PRODUCT OR ANY CUSTOMER COMMUNICATIONS, DATA, INFORMATION, OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF ANY OF THE FOREGOING. THE PARTIES AGREE, AND IT IS THEIR INTENTION, THAT IN NO EVENT SHALL ANY WARRANTY PROVIDED BY LAW APPLY UNLESS REQUIRED TO APPLY BY APPLICABLE STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. TO THE EXTENT THAT BUSINESS PLUS CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT BUSINESS PLUS CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Copyright

All content, copyrighted materials, and copyrightable materials with our Services, including, without limitation, the Business Plus™ logos, designs, text, graphics, pictures, sound files and other files, page layouts, and the selection and arrangement thereof (“Materials”) are Copyright © Business Plus and/or its affiliates ALL RIGHTS RESERVED. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Business Plus or affiliated copyright owner. Business Plus and its affiliates grant you permission to display, copy, distribute, and download the Service Materials for personal, non-commercial, and informational use only, provided that you may not, without the permission of Business Plus or its affiliated copyright owner (1) copy, publish, or post any Materials on any computer network or broadcast or publications media, (2) modify the Materials, or (3) remove or alter any copyright and other proprietary notices contained in the Materials.

Digital Millennium Copyright Act

One or more Business Plus Services may allow third parties to upload, transmit, send, or receive copyrighted materials. Business Plus is under no obligation to, and does not, review such materials for purposes of determining copyright infringement. However, Business Plus reserves the right to terminate access to its Services if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the Services if Business Plus determines that a user is a repeat infringer.

Pursuant to Title 17, Section 512 of the U.S. Code, all claims of copyright infringement for any material believed to reside on Business Plus’s Services should be provided in writing to Business Plus’s designated agent:

Business Plus
Attn: General Counsel
800 Custer Avenue
Norfolk, NE 68701 USA
[email protected]

Any notice of claimed infringement must include all, or substantially all, of 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 are covered by a single notification, a representative list of such works;

- 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 Business Plus to locate the material.

- Information reasonably sufficient to permit Business Plus 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.

Trademarks & Service Marks

All marks and logos featured in our Services—including, but not limited to, Business Plus™—are either trademarks, service marks, or registered trademarks of Business Plus or its affiliates. These trademarks, service marks, and registered trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Business Plus or its affiliates. All page headers, custom graphics, buttons, icons, and scripts are either trademarks, service marks, and/or trade dress of Business Plus or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Business Plus or its affiliates. Business Plus trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Business Plus or its affiliates.

All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear with our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Business Plus.

Third Party Links

You may encounter links to our Services on third-party websites. Business Plus may also display within our Services links to third-party websites. In permitting (but only pursuant to the provisions above) or providing these links to you as a convenience, Business Plus in no way implies affiliation, endorsement, or adoption of any linked website, of the owner or operator of such a site, or of any content displayed on such a site. Business Plus does not control in any way such third-party websites. Business Plus accepts no responsibility for—and otherwise makes no claim or representation regarding—the quality, content, or reliability of third-party websites or services accessible by link from our Services, or third-party websites linking to our Services. When leaving the Business Plus Services using a link, you should be aware that this Agreement and Business Plus’s Privacy Policy no longer govern your use of or access to whichever website you may view. You should therefore review the terms of use and privacy practices and procedures of that website.

International Use

Business Plus makes no representation that materials within our Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which you reside.

Passive Conduit Role

The Parties acknowledge and agree that: (i) Business Plus’s role with respect to Customer Communications and the content thereof shall be that of a passive conduit; and (ii) any storage of Customer Communications and/or Account Data by Business Plus shall be performed merely as a convenience to You and as a compliment to and incidental to Business Plus’s core data transmission function.

Disclaimer of Data Storage Responsibilities

You acknowledge and agree that: (i) Business Plus shall have no obligation to store, retain, back-up, or ensure the availability of any stored Customer Communications and/or Account Data; (ii) to the extent that You wish to retain any Account Data or other information relating to Your Services, an Account, or the use thereof, You shall ensure that such information is downloaded, saved, and/or backed-up outside of Your Services Account, as necessary or appropriate for Your and/or the End Users’ purposes; (iii) You shall not rely on Your Services or Account as a repository for or means by which to retain, store, or back-up Account Data or any other data, information, or materials; (iv) Business Plus may delete or purge any and all copies and versions of any stored Customer Communications and/or Account Data or other data at any time, without notice, including without limitation after You delete any such information from an Account or after termination or closure of an Account; and (v) Business Plus may, in its sole discretion and option and without notice, implement reasonable limits as to the size or duration of storage of Account Data.

Access to Account Data

You and Your End Users can obtain Account Data and any stored Customer Communications with Your login credentials in the relevant Business Plus administrative or customer portal. Business Plus will not otherwise provide access to You, Your End Users, or Your agents of Account Data or stored Customer Communications, except as otherwise set forth in any agreement of the purchase of Business Plus office Services, or these Terms of Service, or as required by Law.

Record / Information Gathering and Production

You acknowledge and agree that the Services do not include the performance of any of the following tasks or work by Business Plus, and in no event shall Business Plus be obligated under these Terms of Service to perform any of the following tasks or work: (i) the investigation, access, correction, alteration, gathering, compilation, review, verification, or production of any Account Data, Customer Communications, or any other records, documents, information, or evidence related to You or Your Services or transmitted, received, or stored through an Account; (ii) the provision of legal or other counsel; or (iii) the provision of assistance, cooperation, or information beyond that which is directly and specifically related to Business Plus’s fulfillment of its obligations or pursuant to applicable law. For the avoidance of doubt, except as provided herein or required by Law, Business Plus is not obligated to: (i) determine, prove, or disprove any fact or claim; (ii) pursue or defend against any claim, allegation, action, lawsuit, demand, or proceeding; (iii) substantiate any party’s compliance with any Law or Legal Process; (iv) respond to or comply with any request or demand; (v) identify any party; or (vi) conduct any surveillance.

Export of Account Data

You acknowledge and agree that any Account Data, stored Customer Communications, or other information or materials that You export will not be under Business Plus’s control and will not be subject to or protected by Business Plus’s security controls. You or Your End Users shall comply with all applicable Law relating to the use, disclosure, access, or export of data from Your Account or use of the Services.

Publicity Rights

You agree that Business Plus may identify You as a user of the Services in its business deals, press releases, marketing materials, electronic, printed, and broadcast advertising, newsletters, mailings, trade-shows, other promotional materials, on Business Plus's website, or any other third-party website where Business Plus or its designated agents may promote the Services. You hereby grant Business Plus and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display Your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.

Governing Law, Venue, and Dispute Resolution

The laws of the state of Wyoming, U.S.A., excluding its conflicts-of-law rules, govern this Agreement and your use of the Business Plus Services. You agree that any disputes between you and Business Plus shall be adjudicated in the state and federal courts of the State of Wyoming, U.S.A. Venue for all claims and disputes between you and Business Plus shall be the county of Laramie, State of Wyoming. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction.

Notwithstanding the adjudication requirement above, for any dispute involving $10,000 or less, the party requesting relief may choose to resolve the dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted through an established alternative dispute resolution service mutually agreed on by the parties, and any judgment rendered by the arbitrator may be entered in any court having jurisdiction.

Some jurisdictions may place limits on governing law, venue, and/or dispute resolution provisions, so certain of the foregoing requirements in this section may not apply to you.

Severability

If any portion of these terms and conditions is determined to be unenforceable under applicable law, that portion shall be construed as nearly as possible to reflect the original intentions of the parties. All remaining terms set forth herein shall continue to have full force and effect.

Limitation of Liability

IN NO EVENT SHALL BUSINESS PLUS BE LIABLE TO YOU OR ANY THIRD PARTY FOR COSTS OF PROCUREMENT, COVER, OR SUBSTITUTION GOODS OR SERVICES; LOSS OF USE, DATA, EQUIPMENT, PRODUCTS, BUSINESS OPPORTUNITIES, OR PROFITS; INTERRUPTION OF BUSINESS; TRANSACTIONS ENTERED INTO OR NOT ENTERED INTO; OR SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, REPUTATIONAL, OR PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF BUSINESS PLUS HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF – OR COULD HAVE FORESEEN — SUCH COSTS, LOSSES, OR DAMAGES.

EXCEPT AS SET FORTH BELOW, BUSINESS PLUS’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE PLAN SERVICES FEES PAYABLE HEREUNDER DURING THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE DATE OF THE EVENT(S) GIVING RISE TO THE LIABILITY. THE LIMITATION OF LIABILITY SET FORTH IN THIS SUB-SECTION DOES NOT APPLY TO: (i) YOUR LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (ii) YOUR LIABILITY ARISING FROM YOUR ACTUAL OR ALLEGED BREACH OF 911 POLICY, ACCEPTABLE USE POLICY, NUMBER POLICIES, OR SECURITY POLICY OF THESE TERMS OF SERVICE.

THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION ENTITLED (LIMITATION OF LIABILITY):

I. SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW,

II. SHALL NOT DISCLAIM, LIMIT, OR CAP MEMBER’S OBLIGATION TO PAY ANY FEES OR CHARGES OR OTHER AMOUNT OWED TO BUSINESS PLUS OR ANY DAMAGES TO WHICH BUSINESS PLUS IS ENTITLED UNDER APPLICABLE LAW FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS,

III. REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES, AND

IV. SHALL SURVIVE TERMINATION OR EXPIRATION OF THE SERVICES AND APPLY IN ANY AND ALL CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION IN THE EVENT OF ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY PROVIDED HEREIN.

Account Disputes

You agree that in no event shall Business Plus be obligated to – and in no event shall You request that Business Plus – participate in or act as the arbiter, adjudicator, or intermediary with respect to any claim or dispute relating to the ownership or control of, or rights relating to, Your Services, any Account, any numbers assigned to an Account, or any Account Data or other information related to an Account or Your Services (“Account Ownership Disputes”). In the event of any Account Ownership Dispute, Business Plus is authorized to take any course of action that it deems to be appropriate, including without limitation declining to take any action.

Access to Account Data or Customer Communications

As permitted or required by Law, Business Plus may access, monitor, use or disclose Your Account Data, Customer Communications, and/or personal information to: (i) comply with the Law or respond to lawful requests or legal process; (ii) protect the rights or property of us, our agents, members, our customers, and others including to enforce our agreements, policies and terms of use; (iii) respond to emergencies; (iv) initiate, render, bill, and collect for services; or (v) facilitate or verify the appropriate calculation of Taxes, fees, or other obligations due to a local, state, or federal government requirement.

Release

You agree to release, discharge, and hold harmless Business Plus from and against any and all liability relating to or arising from their acts or omissions related to any Account Ownership Dispute or in seeking to comply with any Law or any Legal Process.

Indemnification

If you are using our Services on behalf of a business, that business accepts these terms. To the maximum extent permitted by applicable Law, You shall indemnify and hold harmless, individually and collectively, Business Plus, its affiliates, agents, resellers, and other providers who furnish goods and services to You in connection with the Services, and their officers, directors, managers, employees, and shareholders (the "Indemnified Parties") from and against any and all liability, claims, losses (including loss of profits, revenue and goodwill), damages, fines, penalties, injuries to persons or property, costs, and expenses (including reasonable attorneys' fees and dispute resolution expenses) arising from or related to: (i) the use of or reliance upon the Services by You or any third party acting with Your permission, knowledge, authority or direction; (ii) a breach of these Terms of Service by You, or any End User; (iii) any negligent acts, omissions to act or willful misconduct by You or any third party acting with Your permission, knowledge, authority or direction; (iv) the inability to use the Services or failure or outage of the Services for any reason, including but not limited to those related to calling, "911" or other emergency responders; (v) the use of the Services in connection with a violation of any applicable law, code, regulation, or ordnance; or (vi) the misappropriation, breach, violation, or infringement of any right, title or interest of any third party, including but not limited to, contractual rights, Intellectual Property rights, rights of privacy, and rights of publicity and personality.

Third Party Rights

The provisions of the Limitation of Liability section above are for the benefit of Business Plus and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Services. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Enforceability and Admissibility

This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

Waiver, Modification, and Assignment

Any failure by Business Plus to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right thereof. Neither the course of conduct between Business Plus and a user of this Site nor trade practice shall act to modify any provision of this Agreement. Business Plus may assign its rights and duties under this Agreement to any party at any time without notice to you.

Credits

Business Plus offers several different plans for its products and services. Some of the services allow for the purchase of credits ("Credits") to be used in exchange for domestic and international calling minutes, texts, facsimile and other communications and services. If You exceed Your available Credits, You may purchase additional Credits as needed. Business Plus may also provide You certain bonus Credits and/or other promotional incentives (e.g., "tell-a-friend" credits) upon fulfillment of the applicable promotion requirements. All of the Credits are quoted based upon Membership Level, and may be referred to on the Business Plus website or by a Business Plus Member service representative as "Credits". Services may be charged at a different rates, and a Credit therefore will not entitle You to a single corresponding service (e.g. one credit may not constitute as one minute of international calling (“International Minutes”)).

Value, Ownership, and Expiration of Credits

In no event shall any Credits issued to You or applied to an Account have any monetary value or be exchangeable or exchanged for cash. Credits may be applied to only the Account for which they were purchased and/or provided, and may not be sold, transferred, assigned, or applied to any other Account, account, plan, or member. Credits shall expire upon termination of Services. As such, You will not be entitled to a refund for any unused portion of prepaid Credits.

Membership & Product Fees

All prices, Taxes, surcharges, and fees are subject to change at any time. You are responsible for paying all charges for Your Account and for all Taxes, surcharges, and fees imposed on You or us as a result of Your use of our Services. Members with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their form of payment information on file. The initial order sets forth the base recurring fees for the Membership and any additional product(s) assigned to an Account, if any, that are included in the Services Fees for each monthly or yearly billing cycle. Any applicable monthly or yearly recurring charges, taxes, and other fees are billed in full in advance. Termination, credits, and transfer charges, if any, are billed in arrears. Upon termination of Your Account for any reason, all unused Credits shall expire in their entirety on the termination date. No refund, transfer or proration shall be made of any unused Credits, Promotional Credits, or any other discounts to Your Account.

Taxes & Fees

All fees for Services advertised or otherwise listed on the Business Plus website are exclusive of any Taxes. You agree to pay all Taxes and similar liabilities that may now or hereafter be levied on the Services and related software or hardware by any federal, provincial local, or international law or regulation, as well as any administrative and recovery fees and charges levied on the Services by Business Plus, whether or not mandated by law or regulation. Should Business Plus pay or be required to pay such liabilities (including any Taxes that were due but not charged or previously collected), You agree that Business Plus may charge Your form of payment on file or invoice You, as applicable, for such payments upon receipt of an invoice and showing of indebtedness to Business Plus. A list of applicable taxes and fees is available here.

Billing for Mid-Term Transactions

In the event that any purchase, transaction, or event involving or resulting in a monthly or annual Services Amount occurring subsequent to the beginning of a monthly or annual billing cycle, Business Plus may at that time bill You a pro-rated amount for the remainder of the then-current cycle and thereafter bill You conterminously with each subsequent cycle.

Service Changes

Business Plus offers several different plan options for Services. You may change Service plans at any time; however, you may loose any remaining time of the then-current cycle. Business Plus, at its discretion, may credit You a pro-rated amount for the remainder of the then-current cycle. In addition, certain Memberships may entitle You to receive discounts on Services used in connection with Business Plus Services. If You receive any discounts associated with a Membership plan and subsequently change that plan to one that does not offer those discounts, You agree to reimburse Business Plus, and hereby authorize Business Plus to charge Your payment method on file, or invoice You, as applicable, for such discounts.

Late Payments

You agree and acknowledge that time is of the essence for payment of all fees and charges. Business Plus may suspend Services until the account has been Paid in Full. Business Plus’s acceptance of late or partial payments (regardless of how they are marked or designated (including without limitation as “Paid in Full,” “Accord and Satisfaction,” or similarly)) shall not waive, limit, or prejudice in any way Business Plus’s rights to collect any amount due. Business Plus may terminate the Services and these Terms of Service for non-payment if any fees or charges are not paid within sixty (60) days of the due date.

Form of Payment

All fees and charges are payable to Business Plus by electronic check (ACH) or credit or debit card. You agree to be liable for a processing fee in the amount of the lesser of: (i) twenty-five US dollars ($25.00 USD); or (ii) the highest amount allowed by Law for any card or check chargeback or other payment returned for nonpayment.

When You subscribe to our Services, You will provide us with a payment method and authorize us to collect from the payment method provided. Any authorization to charge a provided payment method will remain valid until thirty (30) days after You withdraw the authorization, or immediately upon provision of a replacement valid payment method. Upon termination of this Agreement, we will charge You any fees and any other outstanding charges and disconnect Your service. You agree to advise and notify us of any changes to Your payment method, such as credit card account number or expiration date changes. If the credit card or other payment method on Your Account is declined or fails for any reason, Business Plus will use reasonable efforts to contact You and advise You of the failed billing attempts. Notwithstanding the foregoing, Business Plus reserves the right to disconnect Your Service and terminate Your Account if Your payment method is declined or fails for any reason, or if You withdraw authorization to charge a valid payment method and do not provide an alternative payment method, and Business Plus reserves the right to continue to attempt charging Your payment method for any outstanding Service charges and additional fees and pursue any other legal remedies available to Business Plus.

Disputed Amounts

You will waive the right to dispute any billed amount if You do not dispute such amount within thirty (30) days of the date of its billing. In the event that You timely dispute a billed amount and Business Plus confirms that You were over-billed, Business Plus shall credit the applicable Account in the amount of the over-billing (“Billing Credits”). Billing Credits shall be Business Plus’s sole and exclusive obligation and Your sole and exclusive remedy with respect to any erroneous billing.

Notwithstanding the foregoing, if You request that Your bank or credit card company perform a chargeback or decline to process a check without first contacting Business Plus to dispute the charge, and Business Plus subsequently determines that the charges at issue are not erroneous, Business Plus reserves the right to terminate Your Account immediately and take any available legal action.

You are solely liable for any transactions or usage on Your Account, whether by You, any End User, or any other user of Your Services, and in no event shall Business Plus be liable for any unauthorized use of Your Account.

Service Availability

You acknowledge and agree that the products or services, including without limitation the Services, may not be available one hundred percent (100%) of the time. Billing Credit allowances for interruption of the Services may only be provided on a case-by-case basis at the sole discretion of Business Plus and shall be Your sole remedy for any Service interruptions or other issues with the Services.

Discounts

From time to time in its sole discretion, Business Plus may offer promotions or discounts. Any promotion or discount codes must be provided to Business Plus upon purchase of Services. You are not entitled to a subsequent credit for any promotions or discounts if You do not request the promotion or discount credit at the time of Account creation or change of service. Promotions and/or discounts may not be used cumulatively or retroactively.

Discontinue Services

You can stop using our Services at any time, although we will be sorry to see you go.

For monthly plan members, You may cancel or terminate Your use of the Plan Services with or without cause at any time, subject to the restrictions and fees provided in these Terms of Service, and any additional agreements governing the products or services.

For annual plan customers, You are purchasing the Service for the full length of the applicable Term. You have thirty (30) days from the date of purchase for a prorated refund. After thirty (30) days, if You terminate the Services prior to the end of Your Term, subject to applicable Law, You are responsible for all charges for any remaining time left on the Term as if You remained a member through the end of the then-current Term, including, without limitation, outstanding charges, unbilled charges, Taxes, and fees. In addition, You will not be entitled to a refund for any unused portion of prepaid Term charges.

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Business Plus and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

For information about how to contact Business Plus, please visit our contact page.