terms & conditions

Digitrieve BV and XOIP Terms and Conditions

ACKNOWLEDGMENT AND ACCEPTANCE OF DIGITRIEVE BV AND XOIP TERMS OF SERVICE

Digitrieve BV of The Netherlands markets an IP communication service, named XOIP, under the XOIP trademark.

The XOIP service makes it possible, amongst other things, for users to receive faxes and voicemail in their email.

XOIP is a brand-name of Digitrieve BV. Digitrieve services, hereafter referred to as XOIP (or XOIP services, the XOIP service, or similar) is delivered by Digitrieve BV under the XOIP trademark and the XOIP brand. For the purposes of this agreement, the company name Digitrieve BV and the service name XOIP may be seen to be and used interchangeably.

The XOIP service is provided to you under these terms and conditions and any other operating rules or policies of Digitrieve BV or XOIP that may be published hereafter. Digitrieve BV has the right to amend these conditions and any other service rules and requirements from time to time.

BY COMPLETING THE REGISTRATION PROCESS, YOU INDICATE YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AS WELL AS ALL OTHER DIGITRIEVE BV AND/OR XOIP TERMS OF SERVICE.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND/OR ANY OTHER SERVICE REQUIREMENTS STATED BY DIGITRIEVE BV AND/OR THE XOIP SERVICE, CANCEL YOUR REGISTRATION IMMEDIATELY.

1. PROVISION OF SERVICE

1.1 A telephone number from the pool of XOIP numbers, assigned to Digitrieve by the Opta, will be made available to you for your use of XOIP services. Digitrieve BV retains all rights to the XOIP number, and may withdraw or change that any number at any time.

1.2 To become a Digitrieve BV/XOIP customer and be allocated the use of a XOIP number, you must: (1) acquire all equipment necessary to receive email; (2) acquire your own access to an email service; (3) provide Digitrieve BV with your own email address to which messages, that have been send to your XOIP number, will be routed.

1.3 Messages (which have an upper size limit as defined by the service parameters and amended from time to time) received on the XOIP number allocated for your use will be forwarded to the email address you provided by you to Digitrieve BV.

1.4 Customers specifically do not own XOIP numbers provisioned to them for the use of the XOIP service. Such numbers are registered for use by and remain under the control of Digitrieve in accordance with Opta rules and regulations. Such numbers are made available to customers for service use, under these terms and conditions.

1.5 You are only allowed to use this number as long as you are a customer of Digitrieve BV or the XOIP service. The XOIP number is strictly personal and you are not allowed to transfer it to third parties.

2. YOUR OBLIGATIONS

2.1 You will use the XOIP number and service in accordance with the directions and instructions supplied to you by Digitrieve BV.

2.2 You are only allowed to have one XOIP number per email address. This email address must be subscribed to by you, under your personal control, and you and you must have express permission for its use by you. You will not bounce, reject or refuse to accept any email sent by Digitrieve BV or XOIP to this email address. You are not obliged to download or read any such email and may delete it unread.

2.3 You will be required to provide certain limited information about yourself as prompted to do so by Digitrieve BV. Such information is to be current, complete and accurate. You are required to maintain and update this information in order to keep it current, complete and accurate. This information may be collected in an identifier that will be reported to the Registratiekamer.

2.4 You will keep your PIN code and any other password wholly confidential and secure. You acknowledge that you are wholly responsible for all use of your PIN code and/or password, and for all use of the XOIP Services via your PIN code and/or password. Any use of the XOIP Services when accessed by your PIN or password or any case where any third party uses your PIN code is conclusively deemed to be authorised by you, and is at your own risk.

2.5 The XOIP numbers, and the XOIP service, are all subject to a fair use principle. Digitrieve BV may at its sole discretion determine that a user is making unfair use of the service, and immediately revoke and discontinue service.

3. END OF AGREEMENT

3.1 In case you fail to meet your obligations as per this agreement and in any other case of misuse of the number or of the service, at Digitrieve’s sole discretion Digitrieve BV shall be entitled to terminate the agreement with you effective immediately without the need of issuing a declaration of being in default.

3.2 Digitrieve BV has the right to recover your XOIP number, disconnect it, and then reassign it after a suitable period to be determined by Digitrieve BV.

3.3 If you want to end your membership with Digitrieve BV and you would like to disconnect your XOIP number, please use the website to cancel your account.

4. GENERAL

4.1 Digitrieve BV accepts no liability of any type for damages of any kind, either directly or indirectly resulting from or related to the:

4.1.1 use of the XOIP number or the XOIP services;

4.1.2 partial or complete failure, non-functioning, incorrect functioning, or functionality change to any supplied services;

4.1.3 the contents of and possibility for others to read or to listen to the material that Digitrieve B.V. has sent to you

4.1.4 any situation in which third parties intercept or hear or read messages intended for you.

4.1.5 In the case of any of any claims by you or parties related to you, you shall indemnify Digitrieve BV and any parties related to Digitrieve BV or XOIP of such claims.

4.2 As Digitrieve BV does not control the entire chain of communication from our servers to your computer or telephone, Digitrieve BV in no way guarantees that messages sent to your XOIP number will be delivered to your email or be available on your telephone.

4.3 Digitrieve BV will respect your privacy. Due to the fact that the Internet is an open structure Digitrieve BV can not guarantee and you should not expect that personally identifiable information or private communications will remain private.

4.4 Digitrieve BV will not make personally identifiable information such as name, address, email address or telephone numbers available to a third party.

4.5 In using the XOIP service, users agree to receiving commercial faxes sent to XOIP numbers.
4.5.1 At any point that a user ceases to be a XOIP member, Digitrieve BV will cease sending commercially orientated faxes to the user in question.

4.6 Digitrieve BV may automatically amend these conditions at any time by

4.6.1 posting a revised terms and conditions on the xoip.com, xoip.nl or digitrieve.com World Wide Web site, and/or

4.6.2 sending information regarding the terms and conditions amendment to the email address you have provided to Digitrieve BV.

4.6.3 You are responsible for regularly reviewing the aforementioned websites to obtain notice of such amendments. You will accept these amended terms as long as you are a customer of Digitrieve BV and/or the XOIP service.

4.7 Digitrieve BV reserves the right to modify or discontinue its service with or without notice to you. Digitrieve BV shall not be liable to you or any third party should Digitrieve exercise its right to modify or discontinue the Service.

4.8 Digitrieve reserves the right to revoke inactive numbers and numbers with insufficient usage.

4.8.1 Users are expected to receive at least one message per month, and generate at least 5 minutes of traffic per month.

4.8.2 Digitrieve BV may at its sole discretion revoke the use of a telephone number that does not generate sufficient revenue to cover the costs of maintaining that number.

4.8.3 Non-action to revoke a number at any stage does not preclude Digitrieve BV from revoking such a number at any time in the future.

4.9 Digitrieve BV and its services are subject to Dutch law. Any disputes which might arise out of this agreement and the performance and fulfillment hereof shall be submitted to the competent judge in the Netherlands in accordance with the nature of the dispute.

4.9.1 These terms and conditions were originally compiled in the English language. In so far a conflict occurs concerning the interpretation of these terms and conditions, the text and explanation of these terms and conditions in the English language will prevail.

5. COPYRIGHT AND TRADEMARK NOTICES

5.1 All contents of this Web site are: Copyright © 2005 Digitrieve BV. All rights reserved. XOIP is a registered trademark of Digitrieve BV.

6. NO PAST LIABILITY

6.1 Digitrieve BV in no way accepts past liability for any activities carried out by Exit to Europe CV, XOIP BV, Tiscali BV, or any other party directly or indirectly related in any way to the XOIP service.

6.2 Digitrieve BV is a wholly separate company to XOIP BV. XOIP BV is (or was at some stage) owned by Tiscali BV. Digitrieve BV does not own and is in no way affiliated to XOIP BV, other than by virtue of the purchase of the user-base, brand-name and various other assets from XOIP BV and Tiscali BV.

7. DIGITRIEVE BV COMMERCIAL FAX POLICY

7.1 Digitrieve will not make personally identifiable information such as name, address, email address or telephone numbers available to a third party. The remainder of commercial fax policy is subject to change without notice.

7.2 With reference to point 4.5 of the terms and conditions, Digitrieve BV may send commercial fax messages to XOIP numbers from time to time.

7.2.1 Faxes are sent to inactive numbers, to cover costs of numbers not in regular use.

7.3 No more than one commercial fax per week should be sent to users not making regular use of their assigned XOIP number.  It is likely that less than this maximum number of faxes will be sent.

7.4 Users not wishing to receive any such commercial faxes from XOIP should either ensure that they receive one fax per month, or if they do not receive one fax per month, should call their own number for at least 30 seconds in that month.