TERMS OF SERVICE FOR WEBSITE AND SERVICES
The terms and conditions contained in this document ("Terms of Service") and the policies referred to herein contain the complete terms and conditions that apply to your use of the TrueSwitch Internet Service Provider (ISP) switching services (the "Services") provided by Esaya, Inc. (“Esaya”). When using the World Wide Web site located at http://www.trueswitch.com/ and other computer systems operated by Esaya (collectively, the “Website”), and the Services, you agree to these Terms of Service.
 
We may revise the Terms of Service from time to time, at our sole discretion and without notice to you, by updating the posting of the Terms of Service on the Website. Unless otherwise provided below, the revised terms will take effect when they are posted.

PLEASE READ THESE TERMS CAREFULLY AS USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE OUR SERVICES. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT SUPPORT@TRUESWITCH.COM.

1. SERVICES
The TrueSwitch Wizard software, Website and Services, (collectively, “TrueSwitch”) provide you assistance with switching Internet Service Providers (ISPs). The major functional components of TrueSwitch include:

• Personal Data Copying. You have the option to request that TrueSwitch copy your personal data (e.g., address book, calendar, stored emails, favorites, etc.) from your old Internet account to your new Internet account.
• Notify Your Contacts. You have the option to request that TrueSwitch notify contacts in your address book of (i) the change in e-mail address, and (ii) updated personal contact information (e.g., home address, phone numbers, etc.).
  • If you select the ‘Notify Your Contacts’ option, TrueSwitch generates a change of e-mail notification (“Change of Address Notification”) and e-mails it to all the contacts in your address book.
  • If you select the ‘Update Your Contact Information’ option, TrueSwitch generates a message containing your contact information (“Update Contact Information Notification”) and e-mails it to all the contacts in your address book. Each Update Contact Information Notification also provides the recipient with the information pertaining to that individual from your address book. The Update Contact Information Notification requests the recipient to update his / her records with your latest information, and also to update / confirm the accuracy of the contact information for the recipient from your address book.
• E-Mail Forwarding. You have the option to request that TrueSwitch check your old Internet account at your old ISP and forward any new e-mails to your new Internet account. This feature will only work while both your old and new Internet accounts remain active.
• Account Cancellation. You have the option to request that TrueSwitch send you a reminder email to cancel your old account. For certain ISPs that support cancellation by email or fax, TrueSwitch can also collect the necessary account information and automatically send an e-mail or fax on your behalf requesting that your old Internet account be cancelled. You are responsible for canceling your old Internet account to avoid incurring any additional charges.

Additional information on the functional components within TrueSwitch is available at http://www.trueswitch.com/.
 
Technical support for TrueSwitch, as made available by Esaya, is described at: http://www.trueswitchcom/help.htm.

2. PRIVACY POLICY
Esaya is committed to safeguarding your privacy online. Please refer to our separate Privacy Policy at http://www.trueswitch.com/ns/faq/privacy.htm for further details.

3. USER OBLIGATIONS
The Website and Services are being offered to you for your personal non-commercial use. Any other use which is unlawful or in violation of this Agreement's terms and conditions is prohibited. You are responsible for obtaining and for paying all applicable fees, taxes and costs of the ISP accounts. You agree not to do any of the following while using the Website or Services

• intentionally or unintentionally violate any applicable law or regulation, keeping in mind that access to the Website and Services may not be legal by certain persons or in certain countries
• post or transmit any content that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship
• post or transmit any content that infringes a third party's trademark, patent, trade secret, copyright, publicity, or privacy rights
• access, tamper with or use non-public areas of the Website, Esaya's computer systems, or the technical delivery systems of our licensors. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution
• frame or link to the website except as permitted in writing by Esaya
• impersonate or misrepresent your affiliation with any person or entity. For example, you agree not to falsely represent that you are a copyright holder of a work or the agent of a copyright holder

Either you or Esaya may terminate the Services at any time, for cause or no cause, with or without written notice. Your only right with respect to any dissatisfaction with the Agreement or the Website or Services is to terminate your use. We reserve the right to set limits on the Services which may include limits on the frequency of e-mail retrieving and re-routing, the number of messages, message size and length of service term at any time and at our sole discretion.

4. THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information of service providers and users, are those of the respective author(s) or distributor(s) and not of Esaya. Esaya neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Website by anyone other than authorized Esaya employees acting in their official capacities. You understand and acknowledge that Esaya does not monitor user-contributed content for accuracy or reliability.

5. LINKS
The Website, Change of Address Notification e-mails, Update Contact Information Notification e-mails and TrueSwitch forwarded e-mails may contain links to other websites or resources. You acknowledge and agree that Esaya is not responsible or liable for (i) the availability or accuracy of such websites or resources; or (ii) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the website does not imply that we endorse the linked site.

6. COMPUTER SOFTWARE
Any computer software applications, including the TrueSwitch Wizard, available through the Website or the Services are licensed subject to the terms and conditions of license agreements with Esaya. Except as expressly permitted in such license agreements, you may not reproduce, record, publish, publicly exhibit or distribute any software made available on the Website without Esaya’s express written consent. Esaya and its suppliers and licensors retain title to any such software made available as part of the Services and you may only be granted a non-exclusive license to use such software in accordance with a license agreement with Esaya. Esaya and its suppliers and licensors reserve all other intellectual property rights in and relating to such software.

7. PROTECTION OF CONTENT PROVIDED BY ESAYA AND ITS LICENSORS
The Website contains trademarks and other material furnished by Esaya, its licensors, and others. You should assume that everything you see or read on the Website or through the Services, or via the TrueSwitch forwarded e-mails and Change of Address Notification e-mails and Update Contact Information Notification e-mails which was not furnished by or received for you (such as sound clips, photographs, illustrations, text and other materials) ("Site Content") is copyrighted unless otherwise noted. All Site Content is provided to you by Esaya for the sole purpose of using the Services.
 
You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Esaya or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the TrueSwitch website and the Services.

8. LEGAL DISCLAIMER FOR TRUEFORUM
TrueForum is provided by Esaya as a service for information purposes only. Esaya makes no representations or warranties regarding TrueForum, or the accuracy, completeness or reliability of any information or advice it contains. RN assumes no responsibility for errors or omissions in information or advice provided. For more information on TrueForum, visit http://ww.trueswitch.com/trueforum.htm..

9. LIMITATION OF LIABILITY
NEITHER ESAYA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, WEBSITE, OR SITE CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE WEBSITE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY ISP IN CONNECTION WITH THE SERVICES.

10. DISCLAIMER OF WARRANTY
THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE SITE CONTENT, ARE PROVIDED TO YOU ""AS IS"" AND ""AS AVAILABLE"" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ESAYA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES; ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ESAYA OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Esaya, its officers, directors, employees, consultants, agents, co-branders or other partners, from and against any claims, actions, liability, damages and/or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Services; your connection to the Services; your violation of the rights of others, these Terms of Service or any intellectual property or other right of any person or entity; and any intellectual property infringement by any other user of your account. These Terms of Service will inure to the benefit of Esaya’s successors, assigns and licensors.

12. SEVERABILITY
If any part of these Terms of Service is held to be invalid or unenforceable under any applicable statute or rule of law, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

13. NO ASSIGNMENT
These Terms of Service are personal to you and you may not transfer, assign or delegate these rights granted and obligations undertaken hereunder to anyone without the express written permission of Esaya. Any attempt by you to assign, transfer or delegate these Terms of Service without the express written permission of Esaya shall be null and void. Esaya may transfer, assign or delegate its rights and obligations at its sole discretion and without notice.

14. WAIVER
Any waiver of any provisions of these Terms of Service, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. Any waiver of any provisions of these Terms of Service will be effective only if in writing signed by an authorized officer of Esaya.

15. HEADINGS OF NO EFFECT
The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

16. NOTICES
Esaya will give you any necessary notices by posting them on the Website. You authorize Esaya to send notices via electronic mail as well if Esaya decides, in its sole discretion, to do so. You agree to check the website for notices, and that you will be considered to have received a notice when it is made available to you by posting on the website.

17. JURISDICTION
The law of New York, U.S.A., without regard to its conflicts of law provisions, will govern these Terms of Service.