DESCRIPTION OF OUR WEBSITE
ACCEPTANCE OF TERMS
These Terms govern the use of our Website by viewers and other users (visitors). In addition to other agreements between you and Telmex USA, these Terms explain the policies that govern your access to and use of our Website, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable. Certain services available through our Website, especially services for which you are asked to subscribe or pay money, may have their own additional terms and conditions that will apply to your purchase or use of that particular service and which will control in the event of any conflict with these Terms. If we have entered into a separate contract with a party for the insertion or other placement of content, advertising or other materials on any of our Websites, then the terms of such separate agreements will govern our relationship with such parties.
LINKS TO THIRD-PARTY WEBSITES
The Telmex USA Website contains links to other websites, web pages, services and resources that are operated by other persons, firms or entities with which Telmex USA has a business relationship. These links are provided for convenience only. Telmex USA is not responsible for the contents or availability of any Website which is not owned or directly controlled by Telmex USA and does not endorse and is not responsible in any way for any content, advertising, products, services or other materials on or available at, from or through such sites. Use of these links will cause you to leave this Website and use of third-party websites is entirely at your own risk.
You agree that Telmex USA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, advertising, products, services or other materials on or available at, from or through any such Website.
You may not sell, resell, or otherwise use or commercially exploit our Website other than by using it for its intended purposes. Systematic retrieval of data or other content from our Website to create or compile, directly or indirectly, a collection, compilation, or database without written permission from Telmex USA is prohibited.
You further agree not to reproduce, prepare derivative works from or otherwise commercially exploit any portion of our Website, for any purposes other than its intended purposes or other than as expressly permitted by these Terms.
You acknowledge and agree that any necessary software used in connection with our Website (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
ILLEGAL OR HARMFUL USE
You may access and use our Website and Network only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via our Network, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:
- Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
- Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
- Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
- Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.
SECURITY AND INTEGRITY
You may not violate the security of our Website in any way. Such violations may result in criminal or civil liability. Telmex USA may, but is not obligated to, investigate any violation. Telmex USA may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Telmex USA products services or sending, receiving, posting, accessing, or storing any electronic transmission via our Website, you agree to cooperate, as well, in any such investigation. Examples of such security violations include, without limitation:
- Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
- Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
- Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
- Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
- Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Telmex USA or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Telmex USA customer or other end-user. Telmex USA may, but is not obligated to, take any action it deems necessary to protect its Website, its rights or the rights of its customers or third parties, or (2) optimize or improve its Website, network, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website. Telmex USA may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.
INVESTIGATION AND ENFORCEMENT OF THE TERMS
All users of the Services must adhere to the Terms. We have the right, but are not obligated, to strictly enforce the Terms through self-help, active investigation, litigation and prosecution.
We may also access and disclose any information (including transactional information) related to your access and use of our Website for any lawful reason, including but not limited to: (1) responding to emergencies;' (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THESE TERMS, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THESE TERMS BY SUCH COMPANY, CUSTOMER OR USER.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A TELMEX USA WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A TELMEX USA WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." TELMEX USA, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. TELMEX USA DOES NOT GUARANTEE THAT ITS WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL TELMEX USA, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF TELMEX USA, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY TELMEX USA NETWORK OR WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF TELMEX USA, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
These Terms are governed by and must be construed under the laws of the State of Texas. The federal and state courts of Harris County, Texas, have exclusive jurisdiction over and venue of any suit that relates to these Terms.
You agree to indemnify, defend and hold harmless Telmex USA, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees harmless from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that arise from: (1) any violation of the Terms by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Website; or (5) your use of our Website.
MODIFICATION OF THE TERMS
We reserve the right to modify the Terms at any time, effective upon its posting, as modified, on www.Telmex USA.com. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes.
Telmex USA reserves the right, in its sole discretion and for any reason whatsoever, to cancel, terminate, suspend or restrict, permanently or temporarily, your access to the Telmex USA Site and/or any or all of the Services, at any time and without prior notice.
Telmex USA may also remove any information that you submit, and cancel, modify, suspend, terminate or otherwise change or eliminate any of the Services it provides, without cause and without prior notice to you. You agree that Telmex USA shall not be liable to you or any third party for any cancellation, termination, suspension or restriction of your access to the Telmex USA Site and/or the Services, or for any change to or termination of the Services.
Any failure to insist upon or enforce performance of any provision the Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in the Terms Telmex USA may assign its rights and duties under these Terms to any party at any time without notice to you. If any provision of the Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
QUESTIONS AND COMMENTS
We invite you to send in your questions or comments about our site, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to Customer Caree.
We hope you enjoy using our Services and we welcome suggestions for improvements.