National Pooling Administrator

User Agreement

General Terms: This User Agreement ("Agreement") governs the use of the National Number Pool Administration system (the "PA System") and website (the "Site"), each provided by Somos, Inc. ("Somos" or the "PA"). Please read this Agreement carefully. If you cannot agree to the terms of this Agreement, you will be denied access to the PA System.

The PA reserves the right to amend the provision of this Agreement and to post additional rules of usage that apply to the PA System or specific parts of the Site. The date of the most recent revisions will appear on this page. Any such amendments or additional rules will be posted and will be clearly identified. Your continued use of the PA System or Site thereafter will constitute your agreement to comply with such amendments and additional rules.

Any person accessing the PA System or Site accepts, without limitation or qualification, the terms and conditions of use set forth below and any additional terms and conditions of use set forth in links on this website that connect to other websites.

Your failure to follow these rules may result in suspension or termination of your access to the PA System or Site, without notice. You may not sub-license, transfer, sell or assign this Agreement to any third party. Any attempt to do so will void this agreement and your right to access the PA System or the Site.

Use of User ID and Password: Your right to use the PA System is personal to you. As such, you may not authorize others to use your user ID or Password to access the PA System.

You are responsible for all use of the PA System with your user ID and Password. You may not sub-license, transfer, sell, or assign them to any third party. Any attempt to do so will constitute a material breach of this Agreement and subject you to legal action hereunder. Your right to use the PA System or this Site will be immediately voided.

You will be solely responsible for maintaining the confidentiality of your user ID and Password. You are solely responsible for all usage or activity on your account including use of the account by any person who uses your user ID and Password.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your user ID or password), you must promptly change your password and notify the Help Desk of the problem by contacting us at 866-623-2282 or by email at support@nanpa.com.

Information on the password policies is set forth in the Frequently Asked Questions (FAQs) section of the www.nationalpooling.com website located under "Tools," and is incorporated herein by reference.

The Site contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Site, except as permitted by the Copyright Act or other law, or as expressly permitted in writing by this Agreement, by the FCC, by the PA, by the INC Guidelines, or in any applicable User Manual.

Use of the Website by You: You agree not to disrupt, modify or interfere with the Site, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others' use of the Site. You further agree not to alter or tamper with any information or materials on or associated with the Site that are not confidential and proprietary to you.

Other than connecting to the PA's servers by http requests using a Web browser, you may not attempt to gain access to the PA's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.

You acknowledge that the PA has not reviewed and does not endorse the content of all sites linked to/from the Site and is not responsible for the content or actions of any other sites linked to/from the Site. You're linking to any service or site is at your sole risk.

Indemnification and Assumption of Risk: You agree to indemnify the PA and its affiliates, employees, agents and representatives, and to hold them harmless, from any and all claims and liabilities (including attorneys' fees) which may arise from your unauthorized use of the Site, or from your breach of this Agreement, or from any such acts through your use of the Site.

Copyright. All images, text, programs, and other materials found in the Site are protected by the United States copyright laws. Any commercial use of the images, text, programs or other materials found in the Site is strictly prohibited without the express written consent of the PA.

Trademarks. The names, logos, and taglines identifying Somos' products and services are proprietary marks of Somos. All other trademarks and service marks are the property of their respective owners.

Disclaimer. Certain links in the Site connect to other websites maintained by third parties over whom Somos has no control. Somos makes no representations as to the accuracy or any other aspect of information contained in other websites. You acknowledge that Somos is not responsible for the content or actions of any other sites linked to/from the Site. You're linking to any such service or site is at your sole risk.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE, PA SYSTEM AND SITE AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS", AND, EXCEPT AS OTHERWISE AS PROVIDED IN ITS CONTRACT WITH THE FCC, THE PA, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE.

EXCEPT AS OTHERWISE PROVIDED IN ITS CONTRACT WITH THE FCC, THE PA, ITS AFFILIATES AND ITS THIRD-PARTY PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE OR THE PA SYSTEM, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE THE PA, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, PA SYSTEM OR SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

Any questions that you have about this agreement can be forwarded to:

Legal Department
Somos, Inc.
4 Lan Drive
Westford, MA 01886
support@nanpa.com

In any email, please include the Subject line ""Attention Legal Department"