Terms Of Use

Terms of Use

Effective June 8, 2012

Last Revised June 8, 2012

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORING USING THIS SITE. BY ACCESSING AND USING THE SITE, REGISTERING FOR A REGISTRANT ACCOUNT ON THE COMMUNITY, AND/OR SUBMITTING CONTENT FOR THE COMMUNITY, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS, DO NOT ACCESS OR USE THE SITE, OR REGISTER FOR THE COMMUNITY, IF APPLICABLE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE USER TO THE TERMS. YOU REPRESENT TO US THAT YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR STATE OF RESIDENCE.

IN ADDITION TO REVIEWING THESE TERMS OF USE, YOU SHOULD ALSO READ OUR PRIVACY POLICY TO BETTER COMPREHEND HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION. YOUR USE OF THE SITE AND ITS SERVICES CONSTITUTES YOUR AGREEMENT TO OUR PRIVACY POLICY

WELCOME The following Terms of Use explain the relationship between you (“you” or “your”) and Acme Packet, inc. (“Acme Packet” or “us”) and apply to your access to and use of the Acme Packet website, www.acmepacket.com, including, without limitation, community.acmepacket.com (the “Community”) and news.acmepacket.com (the “Session”) and any services offer through the use of such websites (collectively, the “Site”). Your access to and use of the Site is subject to these Terms of Use (the “Terms”) which form an agreement between you and Acme Packet. Certain services provided through your use of the Site may also be subject to additional terms and conditions, whether on a particular related website or in a separate written or electronic agreement between you and Acme Packet, and nothing in these Terms is intended to modify them. The Terms govern visitors’ (“Visitors”) access to and use of the public areas of the Site (“Public Areas”) as well as Registrants’ (as defined below, and collectively with Visitors, “Users”) access to and use of certain restricted features of the Site (“Registrant Features”). Unless otherwise indicated, the term “Site” as used throughout the Terms shall include the Public Areas and the Registrant Features. For the purposes of the Terms, “you” or “your” shall refer to you as a Visitor to or Registrant of the Site.

1. LICENSE GRANT AND SITE CONTENT.

(a) Subject to the Terms, Acme Packet hereby grants you a nonexclusive, nontransferable right to (i) access the Site; (ii) access the articles, issues, information, materials, research, studies, reports text, graphics, images, sound files, animation files, video files and any other material or content made available through the Site (the “Site Content,” which, for the avoidance of doubt, shall be deemed to include Registrant Content (as defined below)) and (iii) download, print, translate and use one copy of the Site Content for your personal or internal use only. Unauthorized access to the Site, or to the telecommunications or computer facilities used to deliver the Site, is a breach of the Terms and is a violation of law.

(b) You will protect the Site Content from unauthorized copying or use. Modifications of, additions to, or deletions from the Site Content are strictly prohibited. Except as specifically permitted in the Terms, you shall not, directly or indirectly, (i) transfer, sell, sublicense, rent or lease the Site Content; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Site in any manner which violates the Terms or any applicable laws; (iii) reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Site (except as local law may permit without violation of local copyright law); or (iv) except as provided herein, copy, reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate, or otherwise modify the Site Content, or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). You agree not to remove or alter any printed or on-screen copyright, trademark, trade secret or other legal notices contained on or in the Site Content. Reproduction of the Site Content in any form or by any means, including, but not limited to, information storage and retrieval systems, recordings and re-transmittals, use in any timesharing, service bureau, bulletin board or similar arrangement or public display without Acme Packet’s written permission is forbidden. Upon request, you will provide Acme Packet with evidence of compliance with this Section 1. Any special rules for the use of certain software and other Site Content accessible on the Site may be included elsewhere within the Site and are incorporated into the Terms by reference.

(c) The Site Content is protected by copyright and other United States and foreign intellectual property and related laws. The Site Content includes both material owned or controlled by Acme Packet and material owned or controlled by third parties and licensed to Acme Packet. Except for Registrant Content (as defined below), which is subject to Section 19 below, title to all Site Content remains with Acme Packet or the third party owners of such Site Content. Any use of the Site Content not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved by Acme Packet. Any questions regarding use of the Site Content should be directed to [insert applicable email address].

2. MANAGEMENT OF DATA.

You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including, without limitation, any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site. Minimum systems requirements apply to the use of the Site and it is your responsibility to ensure your computer system complies with these requirements. You agree that you are solely responsible for maintaining the security of your computer(s) and all personal and other data, including without limitation, encryption of data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE. Acme Packet is not responsible for back-up or restoration of your information or for any loss of or disablement of access to your information, including without limitation, email and address book information. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple Acme Packet servers for back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any Acme Packet server. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.

3. SOFTWARE LICENSES.

(a) We may provide you software for use in connection with the Site, or a portion thereof, which is owned by Acme Packet or its licensors ("Software"). We reserve the right periodically to update or change the Software remotely or otherwise. You may use the Software only in connection with the Site and for no other purpose.

(b) Certain Software may be accompanied by an end user license agreement ("EULA") from Acme Packet or a third party. Your use of such Software is governed by the terms of that EULA and by these Terms, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA.

(c) For Software not accompanied by a EULA, you are hereby granted a revocable, non-exclusive, non-transferable license by Acme Packet or its licensors to use the Software (and any corrections, updates and upgrades thereto). You may not make any copies of the Software. You agree that the Software is confidential information of Acme Packet or its Licensors and that you will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and/or proprietary information owned by Acme Packet or its licensors. You may not modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense, create derivative works, or distribute copies of the Software, or otherwise transfer the Software to any third party. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that Acme Packet or its licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited. Your license to use the Software will remain in effect until terminated by Acme Packet or its licensors.

4. THE COMMUNITY.

(a) Use of the Community. Acme Packet offers the Community to enable discussions between Acme Packet employees, customers, and partners (the “Registrants”). Additionally, the Community is available for viewing by Visitors. The Terms (including all sections pertaining to the Community) govern all Users access to and use of the Community. Where appropriate, certain provisions of the Terms may apply only to Registrants’ access to and use of the Community.

(b) Registration and Security.

(i) Registration to the Community is restricted to Acme Packet employees, current Acme Packet customers, or Acme Packet partners. To become a Registrant, eligible individuals may register at . Each eligible individual will be required to provide their business email address and other specific information at the time of registration. Acme Packet has the right to reject or rescind registrations for any reason. Following successful registration, a Registrant will be able to create and post content on the Community as well as comment on other such content created by such Registrant and/or other Registrants (such content and comments, “Registrant Content”) subject to the Terms.

(ii) You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. A login ID and password is required for you to access some the content or services on the Community. You are solely responsible for protecting the confidentiality and security of your login ID and password. You are solely responsible for the security of all of your user names, passwords and registration information. You are entirely responsible for any and all activities which occur under your accounts, login IDs and/or your user names, as the case may be. You agree to immediately notify Acme Packet of any unauthorized activity regarding any of your accounts or other breach of security. Acme Packet may in its discretion suspend or terminate any of your accounts, login IDs, user names and passwords at any time with or without notice.

(iii) Acme Packet will use your registration data only for Acme Packet business-related activities, such as to communicate with you about the Community or to improve the Community and/or Acme Packet’s other offerings. Acme Packet will not provide your registration data to any unaffiliated third parties.

(c) Requirements and Restrictions. If the use of the Community by you or anyone using your account, in Acme Packet's sole discretion, violates these Terms or any other Acme Packet agreement or policy, is objectionable or unlawful, or interferes with, disrupts or degrades the functioning or use of the Internet or the Acme Packet network by Acme Packet or other Users then, without limiting any other right or remedy Acme Packet may have, Acme Packet may suspend, deny or restrict your access to the Community (and to take any other action Acme Packet deems appropriate to protect Acme Packet, our Users and other Internet users). Without limiting the general policy stated above, you agree not to use the Community (including by linking to the Community), or any related resources or services, in any manner that involves any of the following:

(i) modifying, publishing, displaying or reproducing any Site Content for use on any Web site other than the Community;

(ii) distributing, sublicensing, transferring, disclosing or otherwise providing access to any Site Content to any third party;

(iii) uploading, posting or transmitting to the Community or otherwise providing to Acme Packet any Registrant Content that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, libelous, or that may invade another's right of privacy or publicity;

(iv) uploading, posting or transmitting any Registrant Content which is the intellectual property of any other person or entity without their prior and explicit written permission or to which you otherwise do not have the necessary rights to reproduce, display, distribute and transmit under any law or under contractual relationships;

(v) uploading, posting or transmitting Registrant Content which is in any way illegal or which advocates illegal activity;

(vi) uploading, posting or transmitting any advertisements or solicitations of funds, goods, or services (including, but not limited to, sweepstakes, contests or pyramid schemes) other than valid sponsorships or requests for donations to the Registrant that have been preapproved by Acme Packets prior to such uploading, posting or transmitting;

(vii) uploading, posting or transmitting any Registrant Content which contains a virus or corrupted data or which otherwise burdens or interferes with the operation of the Community or may damage the operation of another User’s computer;

(viii) accessing (or attempting to access) the Community by any means other than through the interface that is provided by Acme Packet; you specifically agree not to access (or attempt to access) any section of the Community through any automated script or routine, including "robots," "spiders," "offline readers," bots, web crawlers or other means, that accesses the Community in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;

(ix) transmitting chain letters, junk mail or other unwelcome communications to other users, using any automated systems in an excessive or inappropriate way, or otherwise burdening the operation of the Community;

(x) reverse-engineering, decompiling, disassembling or creating derivative works from any Site Content;

(xi) impersonating any other person or entity or acting in any other kind of misleading or deceptive manner;

(xii) collecting or storing User names, email addresses or any other personal information about any individual;

(xiii) evaluating the Community for the purpose of competing with Acme Packet;

(xiv) falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin of source of material (including software) posted on the Community; or

(xv) violating, intentionally or unintentionally, any applicable local, state, national or international law, including but not limited to any law or regulation.

(d) Registrant Content.

(i) You represent and warrant to Acme Packet that (A) you own the Registrant Content or other materials which you post or otherwise make available to the Community, or otherwise have all necessary rights to do so, and (B) you are in no way violating or infringing upon the intellectual property rights or other rights of others. Upon our request, you agree to provide evidence of all required permissions from the applicable intellectual property owners. Furthermore, you agree to pay all license fees, royalties or any other amounts which may be owed to any person in connection with any Registrant Content which you contribute to the Community. All Registrant Content must be consistent with the values and goals of the Community and must comply with these Terms.

(ii) Acme Packet reserves the right to edit, modify, reject or remove any Registrant Content or other materials provided by an Registrant from the Community without notice to the Registrant, for any reason or no reason, and Acme Packet shall have no liability whatsoever in exercising this right. This includes the right to suspend a Registrant’s ability to input and maintain Registrant Content, to utilize any messaging system offered on the Community, or otherwise to restrict or terminate any Registrant’s access to or use of the Community.

(iii) Each Registrant hereby grants to Acme Packet a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, fully-paid and royalty-free license to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, distribute, and create derivative works from any Registrant Content for any purpose whatsoever, including but not limited to, marketing and promoting the Community, Acme Packet and Acme Packet partners, without any obligation whatsoever to the Registrant. Registrants acknowledge that their Registrant Content may be used, viewed and distributed freely by and among Acme Packet partners and other Users of the Community and that Acme Packet is under no obligation of confidentiality or restriction, express or implied, with respect to the Registrant Content or any feedback provided by a User. Each Registrant further hereby grants each User of the Community a perpetual, non-exclusive, irrevocable license to access any Registrant Content through the Community, and to use, reproduce, distribute, display and perform such Registrant Content as permitted through the functionality of the Community and under the Terms.

(iv) Each Registrant acknowledges that all Users will be able to view all Registrant Content as well as all activities conducted by any Registrant and such Registrant hereby consents to such public disclosure of his/her Registrant Content and Registrant activities.

e) User Disputes. You are responsible for your interactions with other Users of the Community. Acme Packet has the option (but not the obligation) to participate in the resolution of such disputes. Acme Packet is not responsible for the conduct or activities of any User of the Community.

(f) No Monitoring.

(i) Acme Packet shall have the right, but no obligation, to monitor the content in the Community or otherwise set forth on the Site to determine compliance with these Terms and any other operating rules we establish. You acknowledge that Acme Packet cannot prevent other users from placing prohibited or inappropriate Registrant Content on the Community. In addition, Acme Packet does not necessarily monitor or review Registrant Content posted on the Community. If at any point Acme Packet does choose to monitor the Community, in no event will Acme Packet have any liability or responsibility for modifying or removing any content or for failing to modify or remove any content. Under no circumstances will Acme Packet have any liability or responsibility for the conduct of any User on the Community.

(ii) If you become aware of any improper activities by a Registrant (for example, the posting of any inappropriate or prohibited materials) please contact us at [insert applicable email address]. If you believe that any materials on the Community violate a party’s copyright, please follow the instructions set forth in Section 7 below. We have the ability to remove objectionable, inappropriate or prohibited materials and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.

(g) No Endorsement. Any information, facts, opinions, advice and other content appearing on the Community which have been posted, uploaded or distributed by any Registrant are those of the respective Registrant and do not reflect the views of Acme Packet. Acme Packet assumes no responsibility or liability, directly or indirectly, for these materials. (h) Communications Decency Act. Acme Packet is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Site or through the Services or Community.

5. THIRD PARTY LINKS.

In addition, the Site may contain links to third-party websites and other resources. Acme Packet assumes no responsibility or liability for the availability or content of these outside sites and resources and does endorse them or any products or services which may be available from such sites and resources. Acme Packet 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 use of or reliance on any such content, products or services available on such external sites or resources. Acme Packet provides these links and references to you only as a convenience. Therefore, any concerns a User may have regarding any other site should be directed to the relevant site administrator or webmaster.

6. COMPLIANCE WITH LAWS.

You agree to comply with all applicable U.S. and international laws, statutes, ordinances and regulations in connection with your use of the Site, including, without limitation, those relating to the Internet, data, email and privacy.

7. DIGITAL MILLENNIUM COPYRIGHT ACT CLAIMS.

Pursuant to Title II of the Digital Millennium Copyright Act ("DMCA"), all claims alleging copyright infringement for material that is believed to be residing on Acme Packet's system or network should be promptly sent in the form of written notice to Acme Packet's Designated Agent:

Acme Packet, Inc. 100 Crosby Drive Bedford, MA 01730 Facsimile No.: 781-275-4400 Email address:

NOTE: No other notices or communications should be sent to the designated agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.

Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

(a) Signature of copyright owner or person authorized to act on behalf of the owner;

(b) Identification of copyrighted work claimed to be infringed;

(c) Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;

(d) Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

Please be aware that there are substantial penalties for false claims. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.

8. TRADEMARKS.

The Acme Packet name and logos and all related product and service names, design marks and slogans are trademarks, service marks, registered trademarks or registered service marks of Acme Packet and may not be used in any manner without the prior written consent of Acme Packet. All other trademarks and service marks are the property of their respective owners.

9. FORCE MAJEURE.

Neither party shall be responsible for any failure to perform its obligations under these Terms caused by an event beyond its reasonable control, including but not limited to, wars, riots, labor strikes, natural disasters, the infrastructure of the Internet (including acts or omissions of service providers), technical problems or malfunctions with networks, telephone lines, computer systems, or software, or any law, regulation, ordinance or other act or order of any court, government or governmental agency.

10. DISCLAIMER OF WARRANTY.

(a) THE USE OF THE SITE IS AT THE USER’S SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. ACME PACKET (AND ANY OF ITS THIRD PARTY PROVIDERS) DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF THE SITE CONTENT, AS TO THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME OR LOCATION, AS TO THE CORRECTION OF ANY DEFECTS OR ERRORS IN THE SITE, OR THAT SITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACME PACKET CANNOT AND DOES NOT GUARANTEE THAT SITE CONTENT AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION BY SOFTWARE VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS. ACME PACKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ACME PACKET MAKES NO WARRANTY THAT THE SITE WILL MEET THE USER’S REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES ACME PACKET MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE.

(b) ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM ACME PACKET OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

(c) THE SESSION AGGREGATES NEWS, ARTICLES AND OPINIONS FROM A VARIETY OF SOURCES, AS INDICATED, AS WELL AS ACME PACKET. ACME PACKET DOES NOT VERIFY THE INFORMATION, WHICH IS PUBLISHED BY AND THE COPYRIGHTS WHICH ARE OWNED BY THE ORIGINAL AUTHORS OR MEDIA OUTLETS. COMMENTARY IS WELCOME BUT IT MUST BE RELEVANT AND IN PROFESSIONAL LANGUAGE. EDITORS HAVE SOLE DISCRETION TO DETERMINE WHAT COMMENTS ARE PUBLISHED. COMMENTS ARE THE OPINIONS OF REGISTRANTS AND EDITORS AND DO NOT REPRESENT THE POSITION OF ACME PACKET. VISITORS MAY REGISTER TO RECEIVE A DAILY NEWS AGGREGATION COMPILATION OR TO POST COMMENTS ON THE PORTAL. ACME PACKET HOLDS REGISTRATION INFORMATION IN ACCORDANCE WITH ITS PRIVACY POLICY.

(d) ACME PACKET IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM USE OF THE SITE, OR THE INFORMATION PUBLISHED, AND IT MAY ALTER, SUSPEND, OR DISCONTINUE SERVICE AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR LIABILITY.

(e) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.

11. LIMITATION OF LIABILITY. (a) UNDER NO CIRCUMSTANCES SHALL ACME PACKET BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE USER’S DATA, OR FAILURE OF THE SITE TO STORE THE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF ACME PACKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) IN EACH CASE, THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE INTENDED TO APPLY REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE A CONDITION OF ACME PACKET ENTERING INTO THE TERMS AND ARE REFLECTED IN ACME PACKET’S AGREEMENT TO GRANT YOU ACCESS TO AND USE OF THE SITE.

(

c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER. NOTWITHSTANDING THE FOREGOING, ACME PACKET’S LIABILITY IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED $100.00.

12. INDEMNIFICATION.

You agree to indemnify and defend Acme Packet and its affiliates, directors, officers, employees and agents from and against all claims, losses, expenses, damages, liabilities, expenses and costs, including reasonable attorneys' fees (collectively, “Losses”), resulting from (a) any violation of these Terms, (b) any violation of the rights of a third party, and (c) any use of the Site, Site Content or Registrant Content. Your indemnification obligations set forth in this Section 11 shall apply to any applicable actions taken under any of your accounts, login IDs or user names, as the case may be. Acme Packet reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement which affects the rights or obligations of Acme Packet may be made without Acme Packet’s prior written approval.

13. MODIFICATIONS TO THE SITE.

Acme Packet reserves the right at any time to change, limit, modify or suspend access to the Site or any portion thereof (whether on a temporary or permanent basis) with or without notice and for any reason or no reason. Acme Packet will not have any liability associated with exercising this right. Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to the Terms.

14. CHANGES TO TERMS.

Acme Packet reserves the right, from time to time, to amend or change these Terms (including any of the policies which may be applicable to your use of the Site) by posting such revisions to the policies area of the Site. When Acme Packet posts modifications to the Terms, it will revise the “Last Revised” date at the top of this web page. The modified Terms will be effective immediately upon posting on the Site. Your continued use of the Site after the posting of the modified Terms constitutes your agreement to abide and be bound by it. If you object to any modification, your sole recourse is to stop using the Site. The Terms may not otherwise be modified, except in a writing signed by both parties.

15. MISCELLANEOUS.

These Terms, together with (i) any additional terms to which you agree when using particular elements of a given section of the Site, and, where applicable, (ii) any separate written or electronic agreement between you and Acme Packet, constitute the entire and exclusive and final statement of the agreement between you and Acme Packet with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Acme Packet with respect to such subject matter. Acme Packet may provide notices under these Terms via email or by displaying a notice (or a link to a notice) on the Site. Acme Packet’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. These Terms, the relationship between a User and Acme Packet resulting from these Terms, and the resolution of any dispute arising out of that relationship shall all be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of laws. Users agree that any legal action or proceeding between a User and Acme Packet, for any purpose concerning these Terms or any obligations hereunder, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts. For disputes involving an amount less than $10,000, the parties agree to resolve the dispute through binding arbitration to be held in Boston, Massachusetts under the rules of the American Arbitration Association. Any claim arising out of these Terms or the Site must be brought within one (1) year of the date on which the claim arose. Acme Packet may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without our written consent. These Terms do not provide any third party (other than the Acme Packet parties) with a remedy, claim, or right of reimbursement.

16. ACKNOWLEDGMENT.

You acknowledge that you have read and understand the Terms, and that the Terms have the same force and effect as a signed agreement.