Effective Date: December 12, 2019
Who we are
Hello there! We are Bandwidth, a cloud-based communications provider for enterprises. Our solutions include a broad range of software APIs for voice and text functionality, as well as our own IP voice network. A reference to “Bandwidth,” “we,” “us,” or “our” is a reference to Bandwidth and the relevant affiliate.
These Terms of Use (“Terms”) govern all Bandwidth websites and is a contract between you and Bandwidth. By accessing, visiting, or using the Bandwidth websites, you agree to these Terms. Please read them carefully. If you do not accept these Terms, do not use any Bandwidth websites.
ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THIS CONTRACT IN ITS ENTIRETY, INCLUDING THE ARBITRATION PROVISION BELOW.
Bandwidth may modify all or any part of these Terms from time to time without notice to you; you should check back often so you are aware of your current rights and responsibilities. Your continued use of the Bandwidth websites after changes to the Terms have been published means you accept the updated Terms. If at any time the Terms are no longer acceptable to you, you should immediately stop all use of the Bandwidth websites.
Definitions
“Bandwidth” includes Bandwidth Inc. and all its subsidiaries including: Bandwidth.com CLEC, LLC; UK Bandwidth Limited; and NL Bandwidth B.V.
“Bandwidth websites” include: www.bandwidth.com; www.broadband.com; www.phonebooth.com.
Our intellectual property
We own the intellectual property rights in all text, images, software or other content available on the Bandwidth websites or we have obtained applicable rights to such text, images, software or other content from applicable third parties who own the content. You may not redistribute or copy any part of the Bandwidth websites without our prior written consent. However, we give you permission to view, copy, print, and distribute material on the Bandwidth websites subject to the following conditions:
- You may use the material only for internal, informational, noncommercial purposes.
- You may not alter the material.
- You must include on any copy of the material (or portion thereof) our copyright notice.
- You may establish a hypertext link to the Bandwidth websites from your website so long as the page containing the link properly attributes the linked site to us and does not in any way imply our sponsorship of your site. Without obtaining our prior written consent, you may not republish, redistribute or otherwise make any copies, of the materials on the Bandwidth websites, as a part of the link, including by framing or similar means, or otherwise.
- No other use of the material within the Bandwidth websites (or portion thereof) is permitted without our prior written consent.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.
The Bandwidth name, trademarks, logos, product and service names, designs, slogans, service marks, and all related names (the “marks”) are trademarks of Bandwidth or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Bandwidth websites are the trademarks of their respective owners.
Your account
To access some resources on the Bandwidth websites, you may be asked to provide certain registration details to create and maintain an account. You confirm you: (1) will only submit information that is correct, current, and complete and will keep it up to date; and (2) will comply with these Terms. Don’t use a user name that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. We can reject or disable any user name/identifier in our sole discretion.
You are responsible for keeping your account and password confidential and for all activity that occurs on your account. You agree to notify us immediately of any unauthorized access or use of your account or password. Use caution when accessing your account from a public or shared computer or public Wi-Fi, so that others are not able to view or record your password or other personal information. We will not be liable for any loss you incur as a result of someone else using your account and password with or without your permission.
Contributions
We do not accept or consider unsolicited ideas, including ideas for new promotions, new products or technologies, processes, materials, marketing plans or new product names (“contributions”). We do not want to create any misunderstandings or disputes if our products or strategies seem similar to ideas submitted to us.
In connection with unsolicited contributions you may submit to us, you agree that the contributions will not be confidential and that no fiduciary relationship is intended or created between you and us, and that you have no expectation of review, compensation, or consideration of any type. We are not responsible or liable to any third-party for the content or accuracy of contributions provided by you.
Disclaimers and limitation of liability
We use reasonable efforts to include accurate, complete, and current information on the Bandwidth websites for general information purposes. However, we do not warrant that the content or features on the Bandwidth websites are accurate, complete, current, useful, uninterrupted, free of technical or typographical errors, that any errors will be corrected, or that your use of the Bandwidth websites will provide specific results. It is your responsibility to verify any information before relying on it. We reserve the right to make changes and updates to any content contained within the Bandwidth websites without prior notice.
Access to, and use of, the Bandwidth websites and the content is at your own risk. We have provided links to certain third-party websites solely for your convenience, but we are not responsible for the content of any third-party websites and do not endorse those websites. If you navigate to a third-party website from any of the Bandwidth websites, we encourage you to review and become familiar with the third-party’s privacy policies and terms. You should take appropriate precautions to ensure that whatever websites and content you select for your use or view is free of destructive items, such as viruses, worms, malware, Trojan horses, and other items of a destructive nature.
THE BANDWIDTH WEBSITES AND ALL CONTENT, MATERIALS, AND INFORMATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
EXCEPT WHERE PROHIBITED BY LAW, NEITHER BANDWIDTH NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE BANDWIDTH WEBSITES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE BANDWIDTH WEBSITES OR ANY OTHER HYPERLINKED WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, DIRECTLY OR INDIRECTLY, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, BANDWIDTH IS FOUND TO BE LIABLE TO YOU FOR ANY CLAIM, DAMAGE, OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE BANDWIDTH WEBSITES OR ANY CONTENT, MATERIALS, OR INFORMATION, BANDWIDTH’S LIABILITY SHALL IN NO EVENT EXCEED U.S. $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Your conduct
You must comply with all applicable local, state, national and international laws and regulations when you use the Bandwidth websites. Any attempt by anyone to deliberately damage, attack, disable, overburden, or impair the Bandwidth websites is a violation of criminal and civil laws. We reserve the right to seek damages from anyone doing so to the fullest extent permitted by law. Neither we nor our lawyers are kidding.
You also will not post or transmit through the Bandwidth websites any material or content that violates or infringes in any way the rights of others, solicits, encourages or promotes the use of illegal substances or activities, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law.
Monitoring
Bandwidth is under no obligation to monitor the content of the Bandwidth websites (or any server used in connection with these websites). However, anyone using the Bandwidth websites agrees that we may monitor the Bandwidth websites (and any server used in connection with the Bandwidth websites) to: (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly; and (3) to protect ourselves. We reserve the right in our sole discretion to modify, reject, or eliminate any material submitted to, posted on or transmitted on the Bandwidth websites that we find to be in violation of these Terms. You are solely responsible for any information you submit, post, or transmit on the Bandwidth websites.
Privacy
Bandwidth’s Privacy Notice, including our Cookie Notice, applies to the use of the Bandwidth websites and is made part of these Terms by this reference. We encourage you to read our Privacy Notice here [Link].
Global availability
We control the Bandwidth websites from the United States. We make no representation that all products and services are available worldwide. We reserve the right to limit, in our sole discretion, the provision and quantity of any product or service to any person or geographic area. If you choose to access the Bandwidth websites from outside of the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Dispute resolution
If we do not resolve a dispute by informal negotiation or in small claims court, the dispute will be resolved by binding arbitration in Wake County, North Carolina in accordance with the then current rules of the American Arbitration Association, rather than in court. The internal laws of the State of North Carolina (other than conflicts of law rules) and of the United States of America shall apply. A single arbitrator engaged in the practice of law shall conduct the arbitration. There is no judge or jury in arbitration and the arbitrator’s decision and award shall be final and binding and may be entered in any court with jurisdiction. If any of the provisions of these Terms are held void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that maintains the intent of these Terms so that these Terms shall remain in full force and effect and such holding will not impair the validity, legality, or enforceability of the remaining provisions. Our failure or neglect to enforce any of our rights under these Terms will not be construed as a waiver of that or any other rights we have. These Terms will not be construed to provide any rights or remedies on any third-parties. Any disputes or claims under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms.
YOU AND BANDWIDTH EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than arbitration, we each waive any right to a jury trial. We also both agree that you or Bandwidth may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Notice and procedure for making claims of copyright infringement
To file a notice of infringement with us, please provide the following information to our designated copyright agent listed below:
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of the material that you claim infringes the copyrighted work listed in item #1.
- An address, telephone number, and an email address where the alleged infringing party can contact you.
- The following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Your electronic or physical signature.
To file a counter notification with us, please provide the following information to our designated copyright agent listed below:
- A description of the material that we have removed or to which we have disabled access.
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Wake County, North Carolina if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your electronic or physical signature.
We have registered a designated agent with the United States Copyright Office pursuant to 17 U.S.C. 512(c). Please send notifications of infringement and counter notifications to our designated copyright agent at:
Attn: General Counsel
Bandwidth Inc.
900 Main Campus Drive, Suite 100
Raleigh, North Carolina 27606
Fax: 919.238.9903
This constitutes the sole and entire contract between you and Bandwidth regarding the Bandwidth websites and supersedes all prior and contemporaneous contracts, representations, and warranties, both written and oral, regarding the Bandwidth websites.
Thanks for visiting!
