Legal

Registered Caller Database

Website Terms of Service

Last Modified: May 18, 2020

IMPORTANT – READ CAREFULLY: BY accessing or using WWW.REGISTEREDCALLER.COM (the “WEBSITE”), you accept and agree to be bound and abide by these Terms of SERVICE and any other Policies available on the WEBSITE (including, but not limited to, our Privacy policy), which are incorporated herein by reference. If you do not agree to these Terms OR any other SUCH Policies, you must not access or use the WEBSITE.

Acceptance of Terms

These Terms are entered into by and between you, as a third party legal entity (“you” or “your” or “Registrant”) and iconectiv, LLC, a Delaware limited liability company ("Registry Service Provider", "we", “our” or "us"). The following terms and conditions, together with any documents incorporated herein by reference (collectively, these "Terms") shall govern your access to and use of the Website, including any Website Content (as defined herein), functionality, resources and services offered on or through the Website, except as otherwise provided herein.

Registry Service Provider may terminate these Terms at any time for any reason. Upon any termination, your use of the Website and all rights granted to you pursuant to these Terms shall immediately cease and terminate without any liability to you.

Registry Service Provider may elect to offer you other web-based services in addition to the Website. In order to provide such services, Registry Service Provider may need to send you certain communications, such as service announcements, administrative messages and other information.

By using the Website on behalf of the Registrant, you represent and warrant that you are eighteen (18) years of age or older; if you are not eighteen (18) years of age or older, you must not access or use the Website. Registry Service Provider also owns and hosts websites other than the Website; such other Registry Service Provider websites may have their own terms.

Registrant represents and warrants to Registry Service Provider that it is a legal entity duly formed, validly existing, and in good standing under the laws of the jurisdiction of its formation, with the full power and authority to enter into an agreement with the Registry Service Provider and to carry out its obligations under these Terms. Additionally, any individual accessing and using the Website on behalf of a Registrant, represents and warrants to the Registry Service Provider that it has the legal authority to act on behalf of the Registrant.

Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion without notice to you. All changes shall be effective immediately when we post them to the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the revised Terms. It is your obligation to check this page often for revisions to these Terms.

Reliance on Information Posted/Third Party Content

We do not represent or warrant the accuracy, completeness, or usefulness of the information presented on or through the Website (“Website Information”). Any reliance you place on any Website Information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on any Website Information by you or by any third party who may be informed of any Website Information. Registry Service Provider is not responsible for any losses you may incur as a result of relying on material posted or uploaded on the Website, even if Registry Service Provider was advised of the possibility of such losses.

Registry Service Provider has the right, but not the obligation, to remove any material from the Website for any reason or no reason at all, in its sole discretion.

Registry Service Provider is not responsible for the availability of external sites or resources linked to the Website, and does not endorse, and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and such third party sites are strictly between you and the third party and are not the responsibility of Registry Service Provider. Because Registry Service Provider is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of linked sites, as their policies may differ from these Terms.

Availability

Registry Service Provider may withdraw or amend the Website (or any portion thereof), or any service or material on the Website, at any time without notice in our sole discretion. Registry Service Provider will not be liable if all or part of the Website is unavailable for any period of time.

Further, temporary interruptions of the services available through the Website may occur as normal events. Registry Service Provider has no control over third-party networks you may access during your use of the Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

Access, Usernames, and Passwords

In order to access the Website, you must have access to the Internet and related equipment and/or software, which is it your responsibility to obtain at your own expense. You acknowledge that you are solely responsible for upgrading and configuring your systems to be and remain compatible with the Website. Registry Service Provider reserves the right to terminate account sessions that are inactive for an extended period of time. To access the Website (or any portion thereof), you may be asked to provide certain registration details, other information and/or agree to additional terms governing your use. It is a condition of your use of the Website that all information you provide on or to the Website be current, accurate and complete. If you provide any information that is not current, untrue, inaccurate or incomplete, or fail to update any information on a timely basis, or if Registry Service Provider has reason to believe that information you provided is not current, untrue, inaccurate, or incomplete, Registry Service Provider may suspend or terminate any or all of your accounts and refuse you any and all current or future use of the Website (or any portion thereof). Registry Service Provider further retains the right, in its sole and reasonable discretion, to suspend, deactivate, or terminate any or all of your accounts, as reasonably necessary to investigate or stop illegal, fraudulent, or suspicious activities, provided that Registry Service Provider gives you notice of such suspension, deactivation, or termination as soon as commercially practicable.

if you are provided with a username, password or any other piece of information as a part of Registry Service Provider’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website (or any portions of thereof) using your username, password or other security information. You agree to immediately notify Registry Service Provider of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may use your respective username and password to access the Website from multiple work stations, provided that all such work stations are located in the United States. You are solely responsible for all activities that occur through the use of your account, unless Registry Service Provider has breached its obligations with respect to maintaining the confidentiality and security of your username, password and account information, and such activities arise solely from Registry Service Provider’s breach.

Registry Service Provider reserves the right to disable any username, password or other identifier at any time if, Registry Service Provider has reason to believe that you have violated these Terms. Registry Service Provider will not be liable for any loss or damage arising from use or misuse of your account due to the activities of third parties or resulting from your failure to maintain the security and confidentiality of your account, username and password.

No Unlawful or Prohibited Use

You represent and warrant to us that you will not use, or allow others to use on your behalf, the Website (or any portion thereof) for any purpose that is against applicable local, state or federal laws, rules, regulations, or guidelines or otherwise prohibited by these Terms. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. You must not use the Website (directly or indirectly) for any unauthorized purpose or to: (i) transmit or procure the sending of any advertising or promotional material; (ii) impersonate or attempt to impersonate Registry Service Provider or Registry Service Provider’s partners, an employee of Registry Service Provider or CTIA, another user, or any other person or entity; (iii) engage in any other conduct that restricts or inhibits another user’s use of the Website, or which, as determined by us, is detrimental to Registry Service Provider; (iv) use any process to monitor or copy any of the material on the Website for any other unauthorized purpose without our prior written consent; (v) provide or upload any material that (A) contains libelous, threatening, harassing, racist or defamatory content, (B) contains obscene, lewd or suggestive content or pornography, (C) infringes any third party's intellectual property rights (including but not limited to copyright, patent, trademark or trade secret rights), (D) contains the personal or proprietary information of another person or entity, without such person or entity’s prior consent, or otherwise invades another person’s or entity’s privacy or confidentiality rights or (E) provides material support or resources to any organization designated by any government as a foreign terrorist organization; (vi) violate or possibly cause Registry Service Provider or CTIA to violate any applicable law, statute, ordinance or regulation; (vii) violate these Terms; (viii) introduce any viruses, Trojan horses, worms, spyware or other material that is malicious or technologically harmful; (ix) attempt to gain unauthorized access to, interfere with, damage or disrupt the Website; (x) scan or test the vulnerability or security of the Website; (xi) attempt to circumvent any security measure with the Website; (xii) access the Website in order to build a competitive product or service or for benchmarking or other competitive purposes; (xiii) modify, make, sell, or create derivative works based on the Website; or (xiv) otherwise attempt to interfere with the proper working of the Website. if you violate these Terms, your permission to use the Website shall automatically end (without notice from us to you).

You agree not to share, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Website (including without limitation your username and password) or use of or access to the Website.

You acknowledge and agree that all terminations for cause shall be made in Registry Service Provider’s sole discretion and that Registry Service Provider shall not be liable to you or any third party for any termination of the web account or access to the Website.

Enforcement of Rights

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Without limiting the foregoing, you acknowledge, consent and agree that Registry Service Provider may access, preserve and disclose the information you provide to us if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any material provided by you violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the identity, rights, property or personal safety of Registry Service Provider, users of the Website or the public.

Security of Digital Transmissions

Electronic communications may not be secure or reliable, and there is a risk that information you send to Registry Service Provider via the Website or email may be accessed by unauthorized third parties or may not be received by Registry Service Provider. Registry Service Provider does not represent, warrant or guarantee that material transmitted by you through the Website or email will be protected against unauthorized access, loss, misuse or alteration.

You understand that the technical processing and transmission of your information may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Intellectual Property Rights

The Website and its entire contents, features and functionality, software, text, images, graphics, video and audio (“Website Content”) are owned by Registry Service Provider or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms convey no right, title or interest in or to the Website or any Website Content. You must not: (i) modify, reproduce, transmit or distribute copies of Website Content except as otherwise expressly permitted by these Terms; (ii) use any Website Content separately from the accompanying text; or (iii) delete or alter any copyright, trademark or other proprietary rights notices from Website Content. Any use of the Website or the Website Content not expressly permitted by these Terms constitutes a breach of these Terms and may violate copyright, trademark and other applicable laws. All rights not expressly granted hereunder are reserved by Registry Service Provider.

Trademarks

Registry Service Provider’s name and trademarks and all related names, logos, product and service names, designs and slogans are trademarks of Registry Service Provider or its affiliates/subsidiaries (“Registry Service Provider Marks”). You must not use or display the Registry Service Provider Marks in any manner without the prior written permission of Registry Service Provider or its appropriate affiliates or subsidiaries.

All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners. Without limiting the foregoing, CTIA’s name and trademarks and all related names, logos, product and service names, designs and slogans are trademarks of CTIA or its affiliates/subsidiaries/members (the “CTIA Marks”). You must not use or display the CTIA Marks in any manner without the prior written permission of CTIA or its appropriate affiliates, subsidiaries or members.

Linking

You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage Registry Service Provider’s reputation in any manner, but you may not establish a link in such a way as to suggest any form of association, approval, support, or endorsement by Registry Service Provider without our express written consent. You may not: (i) link from any website that is not owned by you; (ii) cause the Website, Website Content or any portion of any of the foregoing to be displayed or appear to be displayed on any other site; or (iii) link to any other part of the Website other than the homepage.

Copyright Complaints

Registry Service Provider respects the intellectual property rights of others. If you believe that any material contained on the Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Registry Service Provider will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the Designated Agent who is:

By mail: iconectiv, LLC

Attention: Legal Department

100 Somerset Corporate Blvd.

Bridgewater, NJ 08807

By phone: (732) 699-6800

By email: iconectivlegal@iconectiv.com

To be effective, your notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

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 online 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, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE (OR ANY PORTION THEREOF) AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, TITLE AND NON-INFRINGEMENT). NEITHER REGISTRY SERVICE PROVIDER NOR ANY PERSON ASSOCIATED WITH REGISTRY SERVICE PROVIDER (INCLUDING WITHOUT LIMITATION CTIA AND ITS MEMBERS) MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE (OR ANY PORTION THEREOF) OR THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER REGISTRY SERVICE PROVIDER, CTIA NOR ANYONE ASSOCIATED WITH REGISTRY SERVICE PROVIDER OR CTIA REPRESENTS OR WARRANTS THAT THE WEBSITE (OR ANY PORTION THEREOF) OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR DERIVED FROM THE USE OF THE WEBSITE (OR ANY PORTION THEREOF) IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR VIEWING OF ANY SUCH MATERIAL.

REGISTRY SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES, OR COVENANTS RELATED TO YOUR COMPLIANCE WITH APPLICABLE REGULATORY OR LEGAL REQUIREMENTS RELATED TO THE WEBSITE.

THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, to the fullest extent provided by law, (I) In no event will REGISTRY SERVICE PROVIDER, CTIA OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, AFFILIATES, EMPLOYES OR AGENTS be liable UNDER ANY LEGAL THEORY (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) for ANY (A) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES whatsoever OR (b) DAMAGES FOR LOSS OF PROFITS, OPPORTUNITIES, REVENUES, INVESTMENTS, GOODWILL, DATA, INTERRUPTIONS, DELAYS IN OPERATIONS, OMISSIONS, DEFECTS, FAILURE OF PERFORMANCE OR OTHER INTANGIBLE LOSSES; AND (II) The maximum cumulative liability for any claims arising out of or related to YOUR USE OF THE WEBSITE (or ANY PORTION THEREOF) (UNDER ANY LEGAL THEORY) SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website (or ANY PORTION THEREOF) must be filed within one (1) year after such claim or cause of action arose or be forever barred. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS.

Indemnification

You agree to defend, indemnify, and hold Registry Service Provider, CTIA and each of their respective directors, officers, members, shareholders, affiliates, employees and agents (collectively, "Indemnitees") harmless against all claims, demands, lawsuits, investigations, expenses, liabilities, losses, costs, fines and damages, including, but not limited to, reasonable attorneys’ fees, that the Indemnitees may incur or have to pay in connection with or arising out of (i) your use of the Website (or any portion thereof), including without limitation any material you submit, post or transmit to us, or your connection to the Website, (ii) your violation of these Terms or any other agreement with Registry Service Provider (including, without limitation, any breaches of your confidentiality, privacy, and intellectual property obligations) or (iii) your negligence or willful misconduct. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This Section shall survive the termination of these Terms.

Governing Law

These Terms shall be governed by and construed under the laws of New Jersey, USA, without giving effect to any principles of conflicts of law. You consent to the exclusive jurisdiction and venue of the state or federal courts located in and serving the State of New Jersey, USA. Registry Service Provider may, in any action or investigation brought to enforce the performance or compliance of any provision of these Terms, recover from you its reasonable attorneys’ fees and costs.

Arbitration

Each party waives its right to a jury trial in any court action arising between the parties under these Terms or otherwise related to these Terms, whether made by claim, counterclaim, third-party claim, or otherwise.

If the foregoing jury waiver is held to be unenforceable, or upon agreement of both parties, any disputes arising out of or related to these Terms, which cannot be resolved by negotiation shall be settled by binding arbitration in New Jersey before a single arbitrator. The arbitration shall be conducted pursuant to the American Arbitration Association's ("AAA") Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The parties shall first attempt to identify a mutually acceptable arbitrator with telecommunications experience. However, if the parties are unable to identify a mutually acceptable arbitrator within twenty (20) days after service of the demand for arbitration upon all of the parties to the dispute, then either party may request that the arbitrator be appointed by the president of the Association of the Bar of the State of New Jersey, consistent with the foregoing experience requirements for the arbitrator. The arbitrator's fees shall be deposited equally by the parties, but may be awarded by the arbitrator as provided in the Commercial Arbitration Rules. However, under no circumstances shall any party to these Terms be responsible for the payment of any administrative fees to the AAA in connection with such arbitration agreement.

Remedies

You acknowledge and agree that Registry Service Provider’s and CTIA’s respective remedies at law for a breach or threatened breach by you of any of the provisions of these Terms would be inadequate and therefore agree that in the event of a breach or threatened breach, in addition to any remedies at law, Registry Service Provider and/or CTIA (as applicable) shall, without posting any bond or other security, be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available.

All rights and remedies of Registry Service Provider and CTIA (as applicable) upon your breach or other default under these Terms will be deemed cumulative and not exclusive of any other right or remedy conferred by these Terms or by law or equity on Registry Service Provider or CTIA (as applicable), and the exercise of any one remedy will not preclude the exercise of any other.

Miscellaneous

These Terms, along with any applicable Terms of Use you execute with Registry Service Provider, and the Privacy Policy, embody the entire understanding and agreement between the parties respecting the subject matter of these Terms and supersede all prior understandings and agreements between the parties respecting such subject matter. Failure by Registry Service Provider to exercise any of its rights under, or to enforce any provision of, these Terms will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be deemed amended to the minimum extent necessary to make it valid and enforceable, and the remainder of these Terms will remain in full force and effect.

In addition to any excuse provided by applicable law, Registry Service Provider shall be excused from liability for non-delivery or delay arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, pandemic, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

You may not assign, license or transfer your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms. Any rights you have in accessing the Website shall terminate upon the deactivation or termination of your account or the termination of these Terms with you. Except as expressly provided herein, there are no third-party beneficiaries of these Terms.

All notices or other correspondence to Registry Service Provider under these Terms must be sent to the following electronic mail address for such purpose: iconectivlegal@iconectiv.com or the following physical address:

iconectiv, LLC

Attn: Legal Dept.

100 Somerset Corporate Blvd.

Bridgewater, NJ 08807