Terms of Service

The most important things you need to know when using Skype
Definitions
What you should and should not expect from us
What we expect from you
Payment and Tariff Issues
Skype’s liability to you
How long does your agreement with Skype last for?
Additional terms for the use of SkypeIn and Skype To Go
Additional terms for the use of SkypeOut Premium
Additional terms for the use of Voicemail
Third parties’ products and services
Additional terms for the use of the Business control panel
Additional terms for Public Chat
Additional terms for Subscriptions
Guidelines for SkypeFind
Additional terms for Skype for Your Mobile
Additional terms for Auto-Recharge
Additional terms for Spinvox for Skype
Additional terms for Skype Access
Additional terms for SMS
Miscellaneous

1. The most important things You need to know when using Skype:

1.1 No Emergency Calls: More important than anything: please remember that Skype does not support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind-, except in the very limited circumstances described in paragraph 3.7 of the End User License Agreement. Skype is not a traditional telephone service or a replacement for Your primary telephone service. There are important differences between traditional telephone services and the Products. You need to make additional arrangements in order to access emergency services. It is Your responsibility to purchase, separately from the Products, traditional wireless or fixed line telephone services that offer access to emergency services. If, with Your permission, another user uses Your User Account or the Business Control Panel, it is Your responsibility to inform that user that it is not possible to support or carry emergency calls using the Products.

1.2 Jurisdiction Restrictions: If the law of Your country prohibits You from using the Products because You’re under the age limit or just because the Products are not allowed in Your country, please don’t use them.

1.3 This Agreement: These Terms of Service together with all updates and any Additional Terms applicable to Your use of the Skype Software, Skype Website and Products, collectively constitute the legal agreement between You and Skype. To agree to these Terms of Service, click “Agree”. If You do not agree to these Terms of Service, do not click “Agree”, and do not use the Products. Please make sure You have read and agreed to the End User License Agreement, Privacy Policy and the Skype Etiquette, and any other Additional Terms which apply to Your use of the Skype Software, Skype Website and Products. In some countries the Products may be provided by our local partner. If so, You will be asked to accept the partner’s own terms of services, which will supersede these Terms of Service in case of conflict. You should print off or save a copy of these Terms or Service for your records.

2. Definitions

Capitalised terms that are not defined in these Terms of Service shall have the meaning given to them in the End User License Agreement. In addition the following terms and expressions shall have the following meanings:

Product(s): the payable internet communications products provided by Skype in accordance with these Terms of Service (including, without limitation, SkypeOut, SkypeOut Premium, Voicemail, SMS, Subscriptions, Skype Access and Skype Credit);

Skype: Skype Communications S.a.r.l. located at 22/24 Boulevard Royal, L-2449 Luxembourg, Luxembourg;

Terms of Service: these terms of service as may be renewed and/or amended from time to time.

3. What You should and should not expect from us

These should be Your expectations when You use Skype:

3.1 Quality: Skype will try to provide the Products with minimum disruptions. However please understand that Skype can not guarantee that the Products will always function without disruptions, delay or other imperfections. Since the Products will be transmitted through public Internet lines and the public switched telephone network ("PSTN"), there may be power outages or Internet service disruption and You may experience some disruptions e.g. packet loss and delay which will interfere with the quality of Your communication.

3.2 Technical improvement and maintenance: Skype may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. Skype may also have to repair, improve, and/or upgrade the Products and this may require us to restrict, limit, suspend, interfere and/or interrupt the Products.

3.3 Content of communications: Skype does not control, or have any knowledge of the content of any communication(s) spread by the use of the Products. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.

4. What we expect from you.

4.1 Information. You will be required to provide Skype in good time with any data or information necessary for a proper provision of the Products.

4.2 No reselling. You agree not to resell the Products to any third party.

4.3 Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SKYPE AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTIES RELATED TO THE USE OF THE SKYPE PRODUCTS.

5. Payment and Tariff Issues

5.1 Skype Credit. To use the Products You need a sufficient balance of Skype credit, which is credit purchased by You (or an Administrator of a Business Control Panel) from Skype and allocated to Your User Account (“Skype Credit”). You must deposit sufficient Skype Credit in Your User Account through Your debit or credit card, PayPal, promotional voucher, or other means which may be made available by Skype. Skype reserves the right to stop accepting debit or credit cards from one or more issuers.

5.2 Restrictions. Skype does not guarantee that You will be able to use Your Skype Credit balance to purchase all the Products. Certain Products may have to be paid separately.

5.3 Credit expiration: A credit balance for Skype Credit in Your User Account expires 180 days after the last chargeable use of that Skype Credit. Credit balances that are not used within this 180 day period will be lost.

5.4 REFUND POLICY

(i) Refund Request: You can request a refund for unused and unexpired Products (such as unused Skype Credit) at any time, by submitting a support request to Customer Support. Refund requests carried out through other means shall not be eligible for a refund. No refunds shall be given for Products (including Skype Credit) that are not directly acquired online from Skype (e.g. vouchers or pre-paid cards are not refundable), or to Members of a Business Control Panel for Skype Credit paid for by the Administrator. If You purchase Products (including Skype Credit) via a third party partner of Skype, any refund requests should be submitted to such partner and not Skype. The partner may decide in its sole discretion whether or not to pay a refund.

(ii) Upon a duly submitted refund request, Skype will refund you the credit balance of your Skype Credit. Where you have used less than one euro (1 EUR) of your Skype Credit, your Skype Credit will be refunded in full. Upon a duly submitted refund request, Skype will refund you on a pro rata basis for the unused period of a Product.

(iii) Skype reserves the right to deny repetitive refund requests (more than once for any given type of Products).

(iv) Skype will refund the balance of Your Skype Credit in the event You terminate Your User Account(s) as permitted under these Terms of Service or in the event that Skype terminates these Terms of Services without serious cause.

(v) All refunds shall be paid to the person who initially purchased the Skype Credit or Product, either through the original payment method used, or any other reasonable payment method to be determined by Skype in its sole discretion, or Your Skype Credit shall be adjusted accordingly.

(vi) Skype reserves the right to terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, in the event of any abuse by You of these terms relating to refunds.

5.5 PAYMENT

5.5.1 Charges and Rates

(i) Products: You shall pay Skype any applicable charges and rates as stated on the Skype Website in connection with Your purchase and use of the Products. You will be able to pay with Your Skype Credit balance or with any other payment method available.

(ii) SkypeOut: The charges payable for SkypeOut consist of a connection fee and a per-minute rate as set out on skype.com/go/allrates.

(iii) SkypeOut PremiumThe charges payable for SkypeOut premium consist of a per-minute rate available at skype.com/go/rates-premium. No connection fee is payable for SkypeOut premium.

(iv) The duration of a call for both SkypeOut and SkypeOut Premium shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the call. During the call, charges incurred will be deducted automatically from Your account.

5.5.2 Change of charges and tariffs

(i) Skype may change the rates (other than for SkypeOut Premium) at any time by giving a thirty (30) day notice of such change on the Skype Website at skype.com/go/allrates.

(ii) SkypeOut Premium rates are subject to change at all times, without any notice to You. To get the current rate for a premium number all You need to do is to type the number in the price calculator You can find at skype.com/go/rates-premium.

(iii) If You do not wish to accept such adjustment of rates, You may ask for a refund of Your Skype Credit. The new rate will apply to Your next purchase after the adjustments have been published on the Skype Website. You agree that by continuing to purchase and/or use the Products following the adjustments of the rates, You accept the new rates.

(iv) Skype may change the charges payable for the purchase of Products (such as SkypeIn or Voicemail) at any time without any notice to You. You can choose whether or not to accept the new charges prior to completing Your next purchase of the applicable Product. The new charge will apply to Your next purchase after the adjustments have been published on the Skype Website. You agree that by continuing to use the Products following the adjustments of the charges, You accept the new charges.

5.5.3 Tax: 15% Luxembourg VAT generally applies if You are located in the EU and if You don’t have a VAT registration number. Local taxes may apply in certain countries. When You purchase a voucher depending on the country, local VAT or other taxes may apply and may be deducted from the value of the voucher upon redemption. The territories in the EU set out below are exempt from VAT under Council Directive 2006/112/EC on the common system of VAT. The Skype Website does not enable users in such territories to take advantage of this VAT exemption and we therefore do not provide the Products in such territories: Mount Athos, Canary Islands, French Overseas Departments, Aland Islands, Channel Islands, Heligoland Island, Busingen Territory, Ceuta, Melilla, Levigno, Campione d'Italia and Italian Waters of Lake Lugano.

5.5.4 Free SkypeOut Promotions: For a limited period of time, Skype may offer free SkypeOut calls from and to certain countries. In return for offering this, Skype asks that You use the Product sensibly and don't abuse the free offer. Skype reminds You that it does not allow You to resell SkypeOut and that if Skype does see intentional misuse, it reserves the right to terminate Your access to Your User Account immediately. And by the way, if You’re using any service, proxy or other devices preventing us from locating You (for example by allocating You an anonymous IP address), Skype reserves the right to charge Your calls at the normal rates, regardless of Your real location. Note that SkypeOut promotions exclude SkypeOut Premium and SkypeOut calls resulting from the activation of the "call forwarding" feature.

5.5.5 Charged in error. In the event You believe that Skype has charged You in error, You must contact Skype’s customer services at support@skype.net within 90 days after such charge. No refunds will be given for any charges which are more than 90 days old.

6. Skype’s liability to You

6.1 Limitation of Liability. IN NO EVENT SHALL SKYPE, ITS AFFILIATES, ITS LICENSORS OR THE SKYPE STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:

(i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND

(ii) ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT).

6.2 THE LIMITATIONS ON SKYPE’S LIABILITY TO YOU IN PARAGRAPH 6.1 ABOVE SHALL APPLY WHETHER OR NOT SKYPE, ITS AFFILIATES OR THE SKYPE STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

6.3 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF SKYPE FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SKYPE, THE SKYPE STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

6.4 SKYPE’S TOTAL LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF 5,000 EURO (UNLESS THE LOSS IS DUE TO SKYPE’S WILLFUL DEFAULT OR GROSS NEGLIGENCE).

6.5 SPECIFIC DISCLAIMER OF LIABILITY FOR EMERGENCY SERVICES. THE PRODUCTS DO NOT AND ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER SKYPE NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE SKYPE PRODUCTS TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH 1.1. ABOVE.

6.6 SPECIFIC DISCLAIMER OF LIABILITY FOR CONTENT. SKYPE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, PUBLIC CHATS, SKYPEOUT PREMIUM) OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES REFERRED TO IN PARAGRAPH 11 BELOW. NEITHER SKYPE NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL SUCH CONTENT, PRODUCTS OR SERVICES.

6.7 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to You. In that event the liability will be limited as far as legally possible under the applicable legislation.

6.8 Force Majeure. You acknowledge and understand that if Skype is unable to provide the Products as a result of a force majeure event Skype will not be in breach of any of its obligations towards You under these Terms of Service. A force majeure event means any event beyond the control of Skype. In the event Skype is affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. SKYPE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

7. How long does your agreement with Skype last for?

7.1 Duration. The agreement will be effective as of the date of Your acceptance thereof by clicking on the accept button or similar buttons or links as may be designated by Skype, or the date of Your first use of any of the Products, whichever occurs earlier, and will remain effective until terminated by either Skype or You as set out below.

7.2 Termination. You may terminate Your agreement with us at any time. Without limiting other remedies, Skype or its Affiliates may terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, and may limit, suspend, or terminate Your use of the Products, prohibit access to Skype’s website, remove hosted content, and take technical and legal steps to keep You off the Skype Website if we think that You are in breach of these Terms of Service, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, if You purchased Skype Credit from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. Skype shall effect such termination by preventing Your access to Your User Account and to the Products and Skype Software. If You provided a valid email address, Skype may provide notice to You by email.

7.3 Update: Skype reserves the right to modify these Terms of Service at any time by publishing the revised Terms of Service on the Website, which shall become effective within thirty (30) days from the date of publication, unless You expressly accept the revised Terms of Service earlier by clicking on the accept button. Your continued use of the Products after expiry of the 30-day period shall constitute Your acceptance to be bound by the terms and conditions of the revised version of the Terms of Service. If You do not wish to accept these revised Terms of Service, You are entitled to terminate Your User Account, in writing or by e-mail by visiting Skype support at https://support.skype.com/, with effect from the date on which the revised Terms of Service would become effective. You can find the latest version of these Terms of Service.

8. Additional terms for the use of SkypeIn and Skype To Go

8.1 Availability of SkypeIn or Skype To Go number. If You have bought and are eligible for a SkypeIn/Skype To Go number, it will be made available to You as soon as reasonably possible after You have paid us. In certain countries, the number may be made available to You by Skype's partner instead of Skype, and You may need to enter into a separate agreement with such partner. You acknowledge and understand that the availability and distribution of the number does not constitute any transfer of any property or other rights with respect to the numbers.

8.2 Business Control Panel. If a SkypeIn number is allocated to You by the Administrator, the right to use the number and the cancellation of such right will be exercised by the Administrator at his sole discretion. Skype shall try to allocate and distribute the requested number and enable You to be reached by PSTN users on Your number, where applicable. However, Skype cannot guarantee that the requested numbers can be allocated or distributed to You or that You can make use of the Skype Software and Products using such number.

8.3 Termination of numbers. Skype is entitled to refuse, change or terminate any number made available to You at any time for any reason, including but not limited to:

(i) if You don’t comply with these Terms of Service or any of the applicable Additional Terms;

(ii) if You don’t comply with any instructions given by Skype and/or its partners in relation to the Products in accordance with paragraph 8.5 below; and/or

(iii) if the number is withdrawn, terminated or changed by any of Skype’s partners for any reason.

8.4 In the event that Skype changes the SkypeIn number or Skype To Go number that has been made available to You, Skype will send a notification by e-mail, stating the effective date of the change and Your new number. If You do not wish to accept this new number, You are entitled to terminate Your number, in writing or by e-mail to billing@skype.net, with effect from the date on which the new number will be allocated to You.

8.5 Your co-operation. You agree that You will: (i) comply with any reasonable instructions given by Skype or Skype's partners with regard to the use of the numbers and the Products including but not limited to compliance with any terms of service of Skype’s partners; (ii) provide accurate and complete information with regard to Your place of residence and Your use of the number(s), and such other information as may reasonably be required from time to time by Skype.

9. Additional terms for the use of SkypeOut Premium

9.1 SkypeOut Premium. SkypeOut Premium means calling over SkypeOut to premium rate numbers in order to get access to third party content. Such content can consist of information services, helpline services, entertainment, competition or other types of content made available by third parties to You (“SkypeOut Premium”).

9.2 Limited availability. SkypeOut Premium will work with some premium numbers and Skype may enable or disable premium numbers at any time at its sole discretion.

9.3 Responsibility for unauthorized use. You are solely responsible and liable for all activities conducted through Your User Account, including any SkypeOut Premium calling, even if such activities were to occur without Your permission. To prevent unauthorized use, we advise You to keep Your Password confidential and not to give it to any third party.

9.4 Call barring. You can block SkypeOut Premium calling from Your User Account by logging onto My Account page at skype.com and disabling calls to premium rate numbers. If You wish to reactivate SkypeOut Premium calling You can reverse the blocking in the same account.

9.5 Subscriptions not Applicable. Please note that SkypeOut Premium is not included in any subscriptions even when SkypeOut is covered by such subscriptions and therefore charges shall continue to be payable for the use of SkypeOut Premium.

9.6 No responsibility for the Content. All content delivered to You through SkypeOut Premium is provided by third parties unrelated to Skype. You acknowledge that Skype does not control, monitor or have knowledge of any part of such content which is entirely the responsibility of the third party service provider from whom it originates. That means it is possible that You could be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable.

9.7 Support. If You encounter any problems upon use of SkypeOut Premium, please contact support@skype.net.

10. Additional terms for the use of Voicemail

Limits of usage. Skype may from time to time introduce, remove or amend limitations to the use of the Voicemail Product including but not limited to message storage time, number of messages and message length.

11. Third parties’ products and services

11.1 You may purchase third parties’ content, products or services available on Skype.com, including games, applications, images, ring tones, or avatars to personalize Your Skype Software interface.

11.2 If You encounter any problems upon payment, download or installation, please contact support@skype.net.

11.3 The third party products or services referred to in paragraph 11.1 above may be subject to the third party provider’s own license agreement and privacy policy that you may have to accept upon download or installation.

11.4 You may also upload or make available various content that You purchased or got for free from third parties. Before posting any content, You should check the conditions imposed by the content providers (if any) and make sure that Your use of this content complies with such conditions. In any event You must have permission from the rightful owner to post the material.

11.5 Skype reserves the right to remove without notice any content that infringes or may infringe a third party’s right and/or is unlawful, obscene, pornographic, defamatory, libelous, threatening, hateful, racially or ethnically offensive or otherwise inappropriate.

12. Additional terms for the use of the Business Control Panel

12.1 Creation of the Business Control Panel Account. A Business Control Panel is a Skype account for use by a business (“Business Control Panel”). The business could be in a form of a company, an association, a partnership or a sole trader (“Business”). An authorized representative of the business shall register for a Business Control Panel account with Skype, on behalf of the business and shall be responsible for the administration of such account (the “Administrator”). The Administrator may invite employees of the Business to become a member of the Business Control Panel (“Member”).

12.2 Liability for the Business Control Panel. The Business shall assume all responsibility for its Business Control Panel and for the activities of its Administrators and Members. If the Business is not legally incorporated, then the Administrator will be personally liable and will assume all rights and obligations in relation to the Business Control Panel. The Administrator shall ensure that Members comply with these Terms of Service, the End User Licence Agreement and any other applicable Additional Terms relating to the Members’ use of the Business Control Panel.

12.3 Administrator. If the Business wants to change the Administrator, then it is responsible for the transfer of control of the Business Control Panel from the existing Administrator to the newly appointed Administrator. The Administrator may, at his discretion, invite Members to join the Business Control Panel and appoint additional Administrators. All Administrators are required to be authorized representatives of the business and shall have equal rights to manage the Business Control Panel account, and they shall be jointly and severally responsible for the administration, use and control of the Business Control Panel.

12.4 Members. As a Member, You shall comply with these Terms of Services and the End User License Agreement and any other applicable Additional Terms, and shall be liable for any breach thereof, in accordance with such terms. Members are not allowed to belong to more than one Business Control Panel at the same time.

12.5 Allocation of credit. The Administrator shall allocate Skype Credits to Members at his sole discretion.

12.6 Credit expiration. A credit balance for Skype Credit in the Business Control Panel expires 180 days after the last use of that Skype Credit (through purchase of Products or allocation of credits). Credit balances that are not used within this 180 day period will be lost.

12.7 Allocation of SkypeIn Numbers. The Business must be an incorporated and registered legal entity in order to purchase SkypeIn numbers. The Administrator may distribute SkypeIn numbers to Members, and take them back at his sole discretion, subject to the allocation requirements displayed upon subscription to the numbers. In particular the Administrator is responsible for compliance with any requirements related to the residence and/or the location of the Business and/or Members, as applicable. The Administrator is responsible for notifying any applicable terms of service to Members who are allocated the number, and for ensuring that the Members comply with such terms. Skype reserves the right to cancel the subscribed numbers in case of breach by the Administrator or Members of the applicable term of service, including the allocation requirements, without compensation. Any SkypeIn number allocated to Members shall be taken back by the Administrator if such Member leaves the Business Control Panel for any reason.

12.8 Refund. Administrators are entitled to request a refund, on behalf of the Business, for the unused Skype Credit that has not been allocated to individual accounts of Members or on a pro rata basis for the unused period of subscription to a SkypeIn number. Members cannot return any Skype Credit already allocated to them.

12.9 Personal and Traffic data – Members. As a Member you acknowledge and agree that the Administrator of Your Business Control Panel may, if You agree, view detailed information about the activity on Your User Account including the time, date, duration and destination number of calls and SMS made (“traffic data”) and details of Your purchases and downloads. You can withdraw your agreement at any time by changing the settings on Your User Account. If You provide personal data including Your name and job title to be included on the Business Control Panel directory, You acknowledge that such data may be viewed by other Members of that Business Control Panel.

12.10Personal and Traffic data - Administrators. Upon designation of Members into a Business Control Panel, the Administrator shall inform each Member that the Administrator and the Business may in the course of the provision and use of the Business Control Panel obtain and use personal and traffic data of Members. The Administrator acknowledges that the Administrator and the Business shall process such data in accordance with all applicable data protection laws. The Business and the Administrator represent and warrant to keep all such personal and traffic data confidential and use and protect it strictly in compliance with applicable data protection laws. Under no circumstances shall the Business and/or Administrator send unsolicited commercial communications as defined in Directive (2002/58/EC) on privacy and electronic communications with respect to the Business Control Panel. The Administrator shall not send or procure the sending of any communications, including email messages on behalf of, or purporting to originate on behalf of, Skype.

12.11 INDEMNIFICATION. THE BUSINESS AGREES TO INDEMNIFY, KEEP FULLY INDEMNIFIED AND HOLD HARMLESS SKYPE, THE SKYPE STAFF AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES BROUGHT OR MADE AGAINST OR INCURRED OR SUFFERED BY SKYPE, THE SKYPE STAFF AND ITS AFFILIATES ARISING OUT OF: (I) THE USE OF THE BUSINESS CONTROL PANEL BY THE BUSINESS, ADMINISTRATOR AND MEMBERS; (II) THE USE OF THE BUSINESS CONTROL PANEL BY THIRD PARTIES (WHETHER AUTHORISED OR NOT); AND (III) THE PROCESSING AND USE BY THE ADMINISTRATOR OF PERSONAL DATA AND/OR TRAFFIC DATA OF MEMBERS.

12.12 Termination. Members may terminate their membership of a Business Control Panel at any time. Upon termination of their membership, the Skype Credit allocated to the Member by the Administrator will stay on the Member’s account and will not be refunded.

13. Additional Terms for Public Chat

By creating a public chat, You agree to act as the administrator of it and to take the responsibility to moderate this chat. You are responsible for defining the community guidelines regulating Your chat and to enforce them. You will have the responsibility to exclude any participant that You believe is in breach of such rules or is not acting properly. If someone reports any content of Your chat as illegal, infringing or otherwise inappropriate, You will be responsible for taking such content down. If You decide to leave Your public chat, it will be closed down unless You transfer the administration of it to someone else. If You do so, the new administrator will assume the exact same responsibilities, as if he had created the chat in the first place.

14. Additional terms for Subscriptions

14.1 Fair Usage. Most subscriptions are subject to Skype’s fair usage policy at http://www.skype.com/go/terms.fairusageSkypeOut and Skype To Go calls are included in Your subscription, subject to the fair usage policy. Skype reserves the right to change the fair usage policy at any time. Changes shall become effective within thirty (30) days of publication of the revised version on the Skype website. Your continued use of Your subscription after expiry of the 30 day period shall constitute Your acceptance to be bound by the terms and conditions of the revised fair usage policy.

14.2 Subscriptions are for individual use only. Each subscription is to be used by one person only and is not to be shared with any other user (whether via a PBX, call centre, computer or any other means).

14.3 Skype reserves the right to withdraw or change the subscriptions at any time. If Skype changes the Products included in Your subscription, Skype will send a notification by e-mail, stating the changes and their effective date. If You do not wish to accept these changes, You are entitled to terminate Your subscription, in writing or by e-mail to billing@skype.net, with effect from the date on which the changes are due to take effect.

14.4 In the event that there is, or Skype suspects that there is, any fraudulent activity or misuse of Your subscription, Skype reserves the right to terminate Your subscription with immediate effect and without a refund.

14.5 You may terminate Your subscription at any time.

If You choose to pay for Your subscription monthly, every 3 months or annually (as applicable), You acknowledge and agree that this is a recurring payment and payments shall be made to Skype by the method You have chosen at the recurring intervals chosen by You, until the subscription is terminated by You or by Skype.

15. Guidelines for SkypeFind

15.1 You understand and agree you will be solely responsible for the content that you post. Here are some guidelines to ensure that you and everyone else enjoy SkypeFind as much as possible.

SkypeFind is a business directory. Please don’t include any non-business number;
Please check the information you submit to make sure it is correct and accurate. Don’t knowingly submit false information;
When reviewing a business, you can include truthful comments that reflect your opinion about the business. Please don’t make libelous, aggressive or exaggerated comments, and try to support your opinions with the facts of your interaction;
When entering keywords, you should only include keywords that are relevant, objective and pertinent in describing the business;
You should not submit comments or keywords or any information that is unlawful, offensive, abusive, indecent, obscene, racist, discriminatory or menacing or which does, or is intended to, cause annoyance, inconvenience or worry, or which is fraudulent or defamatory.

15.2 SkypeFind content. You understand that Skype has no control over the content made available in SkypeFind and that it is not able to and does not monitor such content. Skype can therefore not guarantee the accuracy, veracity, integrity or quality of the content made available in SkypeFind. Consequently, the possibility exists that you see or hear offensive, inaccurate, false or otherwise undesirable content. Skype disclaims any and all responsibility or liability in relation to the content made available in SkypeFind.

15.3 If you believe a posting in SkypeFind violates one or more of these Guidelines, feel free to edit the posting as you deem appropriate to fix it.

15.4 Skype reserves the right to ban temporarily or permanently users who breach these guidelines. If, for any reason, you cannot correct the issue yourself, you may notify Skype by using the “Report a concern” link for an individual listing. Skype will determine, at its sole discretion, whether your complaint is valid and may take any action that if it thinks is appropriate. Skype has the right to remove any listing at any time from SkypeFind at its sole discretion.

16.Additional terms for Skype for Your Mobile

16.1 Skype for Your Mobile.Skype for Your Mobile means the availability to use the Skype Software and some of the Products (such as SkypeOut, Internet messaging (chatting), and making and/or receiving of Skype-to-Skype calls), through the Skype Software mobile application. Check www.skype.com/go/mobiledownload for functionality available to You. Skype reserves the right to add or withdraw functionality available for Skype for Your Mobile at any time. To enable and use Skype for Your Mobile You will need access to a mobile data network. You will also need to download and install the mobile version of Skype Software into Your mobile device and accept the End User License Agreement and the Privacy Policy.

16.2 Charges for Skype for Your Mobile. Communications over Skype for Your Mobile are not free. Please visit www.skype.com/go/mobiledownload for details on charges for Skype functionality on Skype for Your Mobile.

16.3 Limited availability and usage. It is possible that some of the functionality for Skype for Your Mobile is not available globally. Furthermore, it is possible that usage of Skype for Your Mobile is cost effective within defined territories only. You understand that it is in Your own interest to use Skype for Your Mobile only as recommended by Skype. Out-of-country usage may lead to significantly higher costs than regular usage, and You are solely responsible for keeping Yourself informed and paying for possible roaming and other applicable charges.

16.4 Skype Partners. Parts of the functionality for Skype for Your Mobile may at times be offered to You by Skype's partner instead of Skype, in which case You are requested to enter into a separate agreement with such partner.

16.5 If You make a Skype for Your Mobile call to a Skype user on a p.c., the recepient of the call may see either Your Skype ID or Your mobile number.

17.Additional Terms for Auto Recharge

17.1 The Auto-Recharge feature will be automatically enabled when You buy Skype Credit, unless You untick the box. Your Skype Credit balance will be recharged with the same amount and by the same payment method chosen when You first sign up for Auto-Recharge, unless you subsequently change the amount by accessing Your User Account. For example, if You purchase 10 Euros of Skype Credit with Your credit card and You enable Auto-Recharge, the recharge amount charged to Your credit card will also be 10 Euros. In future the same amount will be charged to Your credit card every time Your Skype account balance goes below the threshold set by Skype from time to time. If You do not want to enable Auto-Recharge, please untick the box.

17.2 If You purchase a subscription with a payment method other than credit card or PayPal, and You have enabled Auto-Recharge, Your Skype Credit balance will be recharged with the amount necessary to purchase Your next recurring subscription.

17.3 You can disable Auto-Recharge at any time by accessing Your User Account.

18. Additional Terms for Spinvox for Skype

18.1 Spinvox for Skype enables Your voicemail messages on Skype to be converted to text and sent to Your mobile via SMS text messages.

18.2 If a voicemail exceeds a single SMS in length, we will deliver the message as a series of consecutive SMS messages of up to approximately 153 characters each. We limit the total length of delivered messages to 3 SMS messages, which means that a long voicemail may not be converted in its entirety.

18.3 You will be charged for each and every SMS that is needed to convert the voicemail. You will be charged for any voicemail that is recorded and converted to SMS regardless of whether or not the caller actually leaves a message, in which case You will receive an SMS explaining that the voicemail couldn’t be converted to SMS. We reserve the right to charge for any undelivered SMS message.

18.4 The charges payable by You for this Product are set out at: http://www.skype.com/go/voicemail

18.5 Only voicemails in English, French, German and Spanish will be converted to text.

19. Additional Terms for Skype Access

19.1 Skype Access is provided by Boingo. Your use of Skype Access is subject to Boingo’s customer agreement that You will have to accept when You first use the product. You can pay for Skype Access using Your Skype Credit balance, and Your use of Skype Credit is subject to these Terms of Service.

19.2 SKYPE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE SKYPE ACCESS PRODUCT PROVIDED BY BOINGO. NEITHER SKYPE NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO SUCH PRODUCT.

20. Additional Terms for SMS

20.1 If You have Skype Credit or a subscription You can send SMS text messages from Skype to SMS-enabled numbers worldwide – see www.skype.com/intl/en-gb/allfeatures/sms for full details of the functionality and destinations available to You.

20.2 The charges payable for sending SMS consist of a per-message rate as set out at www.skype.com/intl/en-gb/prices/smsrates.

20.3 Each SMS message has a limit of 160 characters. If You type a longer message it will be broken down into several SMS messages and You will be charged accordingly for each message sent. If You type a character that is not supported by the GSM character set, the format of the SMS may be converted to Unicode, which is subject to a 70 character limit per message.

20.4 You can send SMS messages to more than one person at a time (subject to any restrictions on the overall number of concurrent messages that may be imposed by Skype or its partners from time-to-time); however please note You will be charged for each SMS sent. You agree not to send any unsolicited SMS and/or SMS containing commercial material or material over which you do not have rights of dissemination.

20.5 If Skype cannot (for whatever reason) send Your SMS, its status will be shown as “pending”. Skype will continue to try and send the message for up to 24 hours and if we cannot properly send the message within this timeframe then the SMS charge will be refunded to Your Skype Credit balance automatically.

21. Miscellaneous

21.1 Entire Agreement: The terms and conditions of these Terms of Service and any applicable Additional Terms constitute the entire agreement between You and Skype with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or Skype arising out of fraud or fraudulent misrepresentation.

21.2 Partial Invalidity: If any provision of these Terms of Service, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms of Service as a whole, the legality, validity or enforceability of the remainder of the Terms of Service (including the remainder of the term which contains the relevant provision) shall not be affected.

21.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms of Service or by law shall not constitute a waiver of that right, power or remedy. If Skype waives a breach of any provision of the Terms of Service this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

21.4 Assignment: You are not allowed to assign the Terms of Service or any rights hereunder. Skype is allowed at its sole discretion to assign the Terms of Service or any rights hereunder to any third party, without giving prior notice.

21.5 Applicable Law and Competent Court: The Terms of Service shall be governed by and interpreted in accordance with the laws of Luxembourg and shall be subject to the jurisdiction of the courts of the district of Luxembourg.

21.6 Language: The original English version of the Terms of Service may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

21.7 Survival: The terms of paragraphs 4.3, 6 and 12.11 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON OR BY USING THE PRODUCTS YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SKYPE THE RIGHTS SET FORTH HEREIN.