These Terms of Service constitute the agreement (“Agreement”) between 360roaming Corp. (“we,” “us” or “360roaming“) and the user (“you,” “user” or “Customer”) of 360roaming’s Residential and mobile communications services or Business communications services and any related products or services (“Service”). By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

1. SERVICE

1.1 Term

Service is offered on a prepaid basis. Besides the minute calling with no commitment term, the customer can also subscribe to plans and bundles on a monthly basis for a term which begins on the date that 360roaming activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give 360roaming written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including without limitation 360roaming charges, plus a disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

1.2.1 Residential Use of Service and Device

If you have subscribed to 360roaming‘s Residential services, the Service and Device are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from 360roaming in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay 360roaming‘s higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. 360roaming reserves the right to immediately terminate or modify the Service, if 360roaming determines, in its sole discretion, that Customer’s Service is being used for non-residential or commercial use.

1.2.2 Business Use of Service and Device – Prohibition on Resale

If you have subscribed to 360roaming‘s Small Business services, the Service and Device are provided to you as a small business user. This means that you are not to resell or transfer the Service or Device to any other person for any purpose, without express written permission from 360roaming in advance. You agree that the 360roaming Small Business Plans do not confer the right to use the Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. 360roaming reserves the right to immediately terminate or modify the Service, if 360roaming determines, in its sole discretion, that Customer’s Service is being used for any of the aforementioned activities.

1.3 Lawful Use of Service and Device
1.3.1 Prohibited Uses

You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in 360roaming‘s sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, provincial, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, provincial, national or international law. 360roaming reserves the right to terminate your Service immediately and without advance notice if 360roaming, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable and may at 360roaming‘s discretion be immediately charged to your credit card. You are liable for any and all use of the Service and/or Device by yourself and by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless 360roaming against any and all liability for any such use. If 360roaming, in its sole discretion believes that you have violated the above restrictions, 360roaming may forward the objectionable material, as well as your communications with 360roaming and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

1.4 Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by 360roaming

You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by 360roaming) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider (“ISP”) and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or 360roaming terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to using the Service. Power disruptions or failures or ISP outages will also prevent dialing to emergency service numbers including the 911 calling feature. Should 360roaming suspend or terminate your Service, the Service will not function until such time as 360roaming restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).

1.5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software

The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on 360roaming‘s website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of 360roaming are and shall remain the exclusive property of 360roaming and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that 360roaming will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by 360roaming, which 360roaming reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless 360roaming against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

1.6 Tampering with the Device or Service

You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from 360roaming in each instance which 360roaming may deny in its sole discretion. 360roaming reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You agree not to hack or disrupt the Service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.

1.7 Theft of Service

You agree to notify 360roaming immediately, in writing if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as 360roaming receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.

1.8 Number Transfer on Service Termination

Upon termination of the Service, 360roaming may, at its sole discretion, subject to applicable law, release a telephone number that was ported in from a previous service provider to 360roaming by you and used in connection with your Service provisioned by 360roaming to your new service provider, if such new service provider is able to accept such number, and provided that (i) your account has been terminated; (ii) your 360roaming account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account.

1.9 Service Distinctions

You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by 360roaming. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before federal, state or other telecommunications regulatory agencies.

1.10 Ownership and Risk of Loss

You shall be deemed the owner of the Device, and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned by you pursuant to Section 1.8 and has been received by 360roaming.

1.12 No 0+ Calling; May Not Support x11 Calling

360roaming’s Service does not support 0+ calling (including without limitation collect, third party billing or calling card calling). 360roaming’s Service may not support 311, 511 and/or other x11 services in one or more (or all) service areas.

1.13 Change of Number

You have no property right in any phone number assigned to or used by you. 360roaming shall be entitled to change any such number where 360roaming determines, in its sole discretion, that such a change is necessary. 360roaming shall give you reasonable advance written notice of such a change, except in cases of emergency, where oral notice shall be given.

2. EMERGENCY SERVICES- 911 DIALING

2.1 Implementation of 911 dialing in Canada and USA

911 dialing as described may therefore not be available in the Customer’s location. As indicated below, you will not be able to dial 911 unless and until you have received a confirming email from 360roaming Inc. notifying you that the service is available in your area.

2.2 Alternative 911 Arrangements

You acknowledge that 360roaming does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E911 services.

2.3 Limitation of Liability and Indemnification

Neither 360roaming nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to any Service outage and/or inability to dial 911 from your line or to access emergency service personnel unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of 360roaming.

You agree to defend, indemnify, and hold harmless 360roaming, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer or to 360roaming in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable legal fees and expenses) by, or on behalf of, Customer or any third party or user of Customer’s Service relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of Customer or any third person or party or user of Customer’s Service to be able to dial 911 or to access emergency service personnel, and any misroutes of 911 calls, including but not limited to your failure to follow correct activation procedures for 911 calling or your provision to 360roaming of incorrect information in connection therewith.

3. CHANGES TO THIS AGREEMENT

360roaming may from time to time change the terms and conditions of the Service and this Agreement, as well as amounts charged under this Agreement, by providing advance notice to the Customer in accordance with this Section 3, or as otherwise required by applicable law. Notices will be considered given and effective on the date posted on to the “Service Announcements” section of 360roaming’s website (currently located at https://www.evcmobi.com/eula  Such changes will become binding on Customer, on the date posted to the 360roaming website and no further notice by 360roaming is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device. If this Agreement is amended and Customer does not wish to accept the amendment, Customer may terminate the Agreement as provided in Section 1.1.

4. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION

4.1 Billing

You must give us a valid credit card number (Visa, MasterCard, Discover, American Express or any other issuer then-accepted by 360roaming) when the Service is activated. 360roaming reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise 360roaming at once. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which 360roaming decides to bill in arrears) to your credit card, including but not limited to: activation fees, monthly Service fees, international usage charges, advanced feature charges, equipment purchases, disconnect fees and shipping and handling charges. 360roaming reserves the right to bill at more frequent intervals if the amount due at any time exceeds $50. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on 360roaming’s website.

4.2 Billing Disputes

You must notify 360roaming in writing within 7 days after receiving your credit card statement if you dispute any 360roaming charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:

Customer Care Billing Department

360roaming Inc.

billing@360roaming.com

4.3 Payment

360roaming accepts payments only by credit card and Paypal as set forth in Section 4.1. Your initial use of the Service authorizes 360roaming to charge the credit card account number on file with 360roaming, including any changed information given 360roaming if the card expires or is replaced, or if you substitute a different card, for 360roaming charges as set forth in Section.

4.1. This authorization will remain valid until 30 days after 360roaming receives your written notice terminating 360roaming’s authority to charge your credit card, whereupon 360roaming will charge you the disconnect fee and any other outstanding charges and terminate the Service. 360roaming may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with 360roaming is declined or reversed, your credit card expires and you have not provided 360roaming with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you FULLY LIABLE to 360roaming for ALL CHARGES ACCRUED BEFORE TERMINATION and for all costs incurred by 360roaming in collecting such amounts, such as (but not limited to) collection costs and legal fees and expenses.

4.4 Termination/Discontinuance of Service

360roaming reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If 360roaming discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of 360roaming or of a third party provider to which 360roaming is subject), you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus the disconnect fee set forth in Section 4.6, all of which immediately become due and payable.

4.5 Taxes

You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you shall provide 360roaming with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date 360roaming receives such certificate.

4.6 Disconnect Fee

There is NO disconnect fee on EVCMOBI customers.

4.7 Refund Policy

Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that 360roaming Inc. has charged you in error, you must contact us within 14 days of such charge. No refunds will be given for any charges more than 14 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply

User must contact billing@360roaming.com.

4.7 Payphone Charges

If you make use of 360roaming’s Toll Free Plus feature or any toll free feature that may be offered by 360roaming in the future, you acknowledge and agree that 360roaming is entitled to recover from you any charges imposed on 360roaming by payphone owners or operators, either directly or indirectly through 360roaming’s suppliers in connection with toll free calls made to your number, or any charges imposed on 360roaming by its suppliers to recover such costs. 360roaming may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as 360roaming deems appropriate for the recovery of these costs.

4.9 Charges for Directory Calls

360roaming will charge $1.25 for each call made to 360roaming directory assistance.

5. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION

5.1 Limitation of Liability

360roaming shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

1. act or omission of an underlying carrier, service provider, vendor or other third party;
2. equipment, network or facility failure;
3. equipment, network or facility upgrade or modification;
4.  force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5. equipment, network or facility shortage;
6. equipment or facility relocation;
7. service, equipment, network or facility failure caused by the loss of power to Customer;
8. outage of Customer’s ISP or broadband service provider;
9. act or omission of Customer or any person using the Service or Device provided to Customer; or
10. any other cause that is beyond 360roaming’s control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or degradation of voice quality.

360roaming’s aggregate liability for (i) any failure or mistake; (ii) any claim with respect to 360roaming’s performance or nonperformance hereunder or (iii) any 360roaming act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.

5.2 Disclaimer of Damages

IN NO EVENT SHALL 360roaming, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT 360roaming WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

5.3 Indemnification

Customer agrees to defend, indemnify, and hold harmless 360roaming, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable legal fees and expenses) by, or on behalf of, Customer or any third party or user of Customer’s Service, relating to this Agreement, the Services, including 911dialing, or the Device. This paragraph shall survive termination of this Agreement.

5.4 No Warranties on Service

To the extent permitted by applicable law, 360roaming MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, 360roaming PROVIDES NO WARRANTY OR CONDITION THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER 360roaming NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO 360roaming’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF 360roaming’S OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY 360roaming OR 360roaming’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OR CONDITION OF ANY KIND.

5.5 No Warranties, or Limited Warranties, for Devices

If Customer received the Device new from 360roaming and the Device included a limited warranty at the time of receipt, Customer must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties and conditions. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. If Customer’s Device did not include a limited warranty from 360roaming at the time of receipt, Customer agrees that it accepts its Device “as is” and that Customer is not entitled to replacement or refund in the event of any defect, except that for Retail Customers only, 360roaming will provide a limited warranty on the Device as to manufacturing defects only for a period of one (1) year from the date of purchase. This Retail Customer limited warranty shall not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, shall not apply to any defect caused by damage in transit, retailer handling or Retail Customer handling. Retail Customer’s sole remedy for any breach of this Retail Customer limited warranty is to obtain a repaired or replacement Device, by following the return procedures set forth in Section 1.8. Retail Customer must include with the returned Device a letter stating that the Retail Customer is returning the Device for warranty repair or replacement and stating the nature of the defect. This Retail Customer limited warranty shall also apply in lieu of the limited warranty included with the Device if such included limited warranty is less favorable to Retail Customer than that contained herein.

To the extent permitted by applicable law, OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, 360roaming MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, QUALITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE, DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET CUSTOMER’S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY OR CONDITION SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE. DEVICE WARRANTIES DO NOT APPLY TO BUSINESS PLUS CUSTOMERS.

5.6 No Third Party Beneficiaries

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

5.7 Content

You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User’s use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. 360roaming reserves the right to terminate or suspend affected Services, and/or remove your or Users’ content from the Services, if 360roaming determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with 360roaming’s ability to provide Services to you or others or receives notice from anyone that your or Users’ use or Content may violate any laws or regulations. 360roaming’s actions or inaction under this Section shall not constitute review or approval of your or Users’ use or Content. You will indemnify and hold 360roaming against any and all liability arising from the content transmitted by or to you or to Users using the Services. A “User” means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.

 5.8 Software License.

1. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services.
2. The software is licensed, not sold, and 360roaming Inc. reserves all rights to the software, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
3. circumvent or bypass any technological protection measures in or relating to the software or Services;
4. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;

iii. separate components of the software or Services for use on different devices;

1. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless 360roaming Inc. expressly authorizes you to do so;
2. transfer the software, any software licenses, or any rights to access or use the Services;
3. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;