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1. ACCOUNT
When you open an account, you will be assigned an account number
(generally your home or office telephone number) and a personal
identification number (PIN). You will also select a security phrase. You
authorize any person who provides your name, account number, and
security phrase to receive information about your account and to make
changes to it.
2. RATES
To see our rates, click on the "Rates" link on the sidebar to the left. Rates do not include applicable taxes,
fees, and surcharges. The rates schedule is part of this Agreement.
3. CHANGES
We may change this Agreement at any time. Notice of significant changes
will be made available on the Web site. You agree to check periodically for
change notices. Changes are effective on the date the notice is first
available, or on the date specified in the notice. Your use of the Service
after any changes to the Agreement signifies your acceptance of those
changes.
4. RESPONSIBILITIES
- We provide the Service to you in accordance with the terms and
conditions and at the rates specified in this Agreement.
- You agree not to use the Service for any unlawful or abusive
purpose, or in any way that interferes with our ability to provide the
Service or any other service to our customers, or in any way that
damages our property. You are solely responsible for all content
transmitted through the Service under your account.
- Unauthorized Use. You agree to safeguard your account number
and PIN so that unauthorized persons cannot use your account.
You acknowledge that we cannot determine if someone other than
you is using the Service under your account number and PIN. We
are not responsible for the use of lost or stolen Account number and
PIN information. If you suspect that your account has been
fraudulently used or otherwise compromised, you must immediately
request that we cancel your account.
- Indemnification. You agree to defend and indemnify us from any
liability, damages, and other expenses (including reasonable
attorneys' fees) arising out of or relating to claims or actions,
regardless of form, concerning any breach of this Agreement by
you, any acts or omissions by you relating to your performance
under this Agreement, and the content or use of the Service by you
or by third parties using your account.
- No refunds. You agree that you are not entitled to a refund should
you decide to cancel your account.
5. PAYMENTS / CHARGES
- Payment. Unless otherwise agreed between us, you must pay for
your use of the Service in advance, in an amount specified in the
rates schedule. Prepaid amounts are credited to your account.
Prepaid amounts are payable by credit/debit card, personal check,
cash or money order. If paying by credit card, you authorize us to
charge all amounts incurred for your account automatically to the
credit card you provided when you opened your account. If paying
by personal check, you authorize us to draw against your checking
account. If you choose to have us automatically refresh your
account balance, you must promptly notify us of changes to the
account number or expiration date of your credit card, or to the
billing address associated with your designated card. You must
also promptly notify us if your card is canceled.
- Charges. The rates and charges applicable to the calls made using your account are deducted from your account as each call is made. Other charges for the Service are deducted from your account as specified in the rates schedule. Charges for calls made using your account will be deducted from your account whether or not you authorized such calls; it is your responsibility to prevent unauthorized use of your account. We reserve the right to provide or refuse to provide refunds, reimbursements, credits, or exchanges of any portion of your account balance.
- Taxes. You are responsible for all taxes, fees, and surcharges applicable to your account and the use of the Service for your account, and all such amounts will be added to the charges deducted from your account.
- Statements. Account statements and call detail information will be made available to you on the Web Site. An extra
charge may be assessed for statements we print. Prepaid amounts will appear as line items on your credit card statements.
6. SUSPENSION / TERMINATION
- Suspension. We may, without notice to you, suspend your account under the following circumstances: (1) at any time your account balance is zero; (2) the issuer of your credit card refuses or reverses an amount charged to your card in respect of the Service; (3) you fail to pay when due any amount owed to us or an affiliate of ours, or if you have in the past failed to pay amounts due us or an affiliate of ours; (4) we suspect fraudulent or abusive activity; (5) we receive notice from anyone that the use of, or the content transmitted using, your account may violate this Agreement or any laws or regulations; or (6) any information you give us is false or you fail to perform any of the promises you made in this Agreement. If your account has been suspended, please call us. Our actions under this paragraph shall not constitute review or approval of your use or content.
- Termination. Either you or we may terminate this Agreement with or without cause at any time on notice to the other party. On termination, you are responsible for paying all amounts owing under this Agreement. You agree to pay all costs.
7. LIMITATIONS OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES FOR ANY DAMAGES CAUSED BY ANY FAILURE OF THE SERVICE, OR ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICE, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, SHALL BE AS SET FORTH IN THIS PARAGRAPH: FOR INJURY TO PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE, WE SHALL BE LIABLE FOR THE AMOUNT OF DIRECT DAMAGES TO THE PROPERTY OR PERSON; FOR ALL OTHER CLAIMS, ACTIONS, OR DAMAGES, OUR TOTAL LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT OF YOUR MOST RECENT PREPAYMENT FOR THE SERVICE. WE SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, REVENUES, OR INCREASED COST OF OPERATIONS, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE; AND REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE. WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO SERVICE INTERRUPTIONS, OR TO INTERCONNECTION OF OUR SERVICE WITH EQUIPMENT OR SERVICES NOT PROVIDED BY US. This paragraph survives failure of any exclusive remedies provided in this Agreement.
8. WARRANTIES
WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE AND DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR WILL MEET YOUR REQUIREMENTS FOR QUALITY, SECURITY, OR OTHERWISE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. OUR DESCRIPTIONS OF THE SERVICE ARE NOT WARRANTIES.
9. DISPUTE RESOLUTION
If you have any question or dispute with us about the Service, we urge you to call us. To the extent any issue remains, all disputes, controversies, or claims shall be settled by final and binding arbitration conducted in accordance with this Agreement and the then current Rules of the American Arbitration Association ("AAA").
10. MISCELLANEOUS
- Acts Beyond Our Control. Neither you nor we shall be liable to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond their reasonable control, except that your obligation to pay for charges incurred shall not be excused.
- Privacy. We are committed to customer privacy. However, we are not liable for any lack of privacy you may have while using the Service. We reserve the right to intercept and disclose any calls sent over our facilities in order to protect our rights or property.
- Severability. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.
- Governing Law. The construction, interpretation, and performance of this Agreement shall be governed by the
laws of the state in which our headquarters are located, excluding any choice of law rules.
- Entire Agreement. This Agreement constitutes the entire agreement between us with respect to the Service, and may be amended only as described in this Agreement. This Agreement supersedes all prior agreements, proposals, representations, statements, and understandings, whether written or oral, concerning the Service or the rights and obligations relating to the Service. This Agreement shall not be contradicted, explained, or supplemented by any written or oral statements, proposals, representations, advertisements, or service descriptions not expressly set forth in this Agreement.
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