Terms and Conditions

CaLLFONE© Last Updated 03/04/2008

I. THE AGREEMENT

These Terms and Conditions constitute the agreement (the “Agreement") between Callfone (“us”, “our” or “we”) and the user ("you," “your”, "user" or "Customer") of Callfone. For purposes of the Agreement, "you" means the customer, defined as either (i) the person identified in our account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the service(s).

BY ENROLLING IN, USING, OR PAYING FOR THE SERVICE(S), YOU AGREE TO THE PRICES, CHARGES,TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING US AT THE ADDRESS ON YOUR EMAIL PURCHASE CONFIRMATION OR YOUR INVOICE FOR FURTHER INSTRUCTIONS.

The Agreement governs the Service and any devices, such the Analog Telephone Adapter (“ATA”) or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service.

By activating the Service, you acknowledge that you have read and understood, and that you agree to, the terms and conditions of the agreement, and you represent that you are of legal age to enter the Agreement and become bound by its terms. We may change the Terms and Conditions of the Agreement from time to time. Notices will be considered given and effective on the date posted at www.callfone.net (“service web site”). The Agreement posted there supersedes all previously agreed-to electronic and/or written Terms and Conditions.The rates and charges for the Service, which may be found at the service web site, are effective as of the date noted in the header of this Agreement, and are subject to change. For the most current rates and charges, the most current version of the Agreement, or if you have questions about your Service, please email us on info@callfone.net. All copyrights and service marks are our exclusive property of unless otherwise specifically attributed otherwise.

II. SERVICE


A. Disconnect Fee

You may cancel the Service for any reason at any time. There is no Disconnect Fee on any of our Service Plans.

B. Notice of Rate Changes

We may change the prices and charges for the Services from time to time. We may increase or decrease prices and rates without providing advance notice. Changes to any rates, charges, or terms or conditions in the Agreement will be published at our service web site and will be immediately incorporated by reference into this Agreement.

C. Rounding Policy

For billing purposes, the length of each metered call is rounded as described in each Rate Plan. Currently all calls on any of our Plans are billed in 60 second (whole minute) increments following an initial 60 second period.

D. Landline and mobile call rates

There is a wide variation in cost between calling landline numbers and mobile (cell phone) numbers. Calls to mobile (cell) phones are charged a different (usually significantly higher) rate than calls tolandline numbers. The rates you will be charged for such calls are set forth in your Rate Plan.

E. T iming of Calls

Generally, timing of metered calls begins when the called party or an automated answering device (such as an answering machine, a PBX auto-attendant or a facsimile machine) answers the call, and e8nds when one of the parties disconnects from the call. However, some foreign carriers (with whom we must interconnect in order to terminate calls to foreign countries) designate a call as “answered” when the called party’s line rings or after a certain number of rings, and will charge us for a completed call. In these situations, we will charge you for these calls as if they were answered by the called party.

F. Loss of Service

The Service does not function power. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require you to reset or reconfigure before using the Service. We do not hold any responsibility for any direct or indirect loss caused by calls connectivity, calls quality or downtime.

G. Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software

The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on our service website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") belonging to us are and shall remain our exclusive property, and nothing in this Agreement shall grant you the right or license to use such marks.You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by us, which we reserve the right to prohibit in particular cases or generally, you promise that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service.

H. Tampering with the Device

You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from us.

I. Theft of Service

You agree to notify us immediately, in writing, by electronic mail or by calling our customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and/or your VoIP phone number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service.

J. Service Distinctions

You acknowledge and understand that the Service is not a traditional telephone service. Important distinctions exist between traditional telephone services and this enhanced Service offering provided by us. The Service is subject to different regulatory treatment than traditional phone service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

K. Ownership and Risk of Loss

You will own the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you. We offer a 1 year warranty against manufacturing defects on all Devices we offer and will replace any faulty equipment thatis returned to us within that period of time. This warranty covers manufacturing defects only, and specifically does NOT cover damage that results during shipping, from misuse or abuse, or was caused by electrical surges or lightning strikes.

L. No Directory Listing

The phone numbers you obtain from us will not be listed in any telephone directories.


M. CallFone Offer

$2 bonus for referring new customer will be credited to customer’s existing account ID and the ID should be entered in the registration page while the new customer registers for a free device

III. RESTRICTIONS ON THE USE OF SERVICE

We offer our services subject to availability of facilities, limitations of service offerings, and the provisions of this Agreement. Services provided by us under the Agreement will not be used: (1) For any unlawful purpose; (2) For making telephone calls that use automatic dialing devices and terminate into electronic information services, pay-per-call services, or other domestic or international audiotext services;. We may (1) deny, for any lawful reason, your request for service, or (2) limit or allocate the facilities available to or utilized by any Service, if necessary, to manage our network in an efficient manner; meet reasonable service expectations; furnish service to existing and future customers based on forecasted customer requirements; or for any other lawful reason. We may, without notice (consistent with governing laws or regulations), block traffic to or from specific countries, country codes, cities, regions, local telephone exchanges ("NXX exchanges"), individual telephone numbers, groups or ranges of individual telephone numbers, or calls using certain customer authorization codes, whenever we deem it necessary to take such action to prevent (1) the unlawful use of service; (2) nonpayment for service;(3) the use of service in violation of this Agreement; or (4) network blockage or the degradation of service furnished to you or other customers.


IV. PAYMENT OBLIGATIONS

You must provide us with a valid credit card number when the Service is activated. If the credit card expires, you close your credit card account or your billing address changes, or the credit card is cancelled and replaced because of loss or theft, you must advise us immediately.We may terminate your Service at any time in our sole discretion, if any charge to your credit card on file with us is declined or reversed, your credit card expires and you have not provided us with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you fully liable for all charges accrued before termination. You are responsible for payment of all charges for services furnished to you and anyone authorized by you to use your service. This responsibility is not changed by virtue of any use, misuse, or abuse of your service undertaken or caused by third parties.


V. CANCELLATION OF SERVICE

We reserve the right to discontinue furnishing services, cancel your account, and/or block your access to our network, without incurring any liability, immediately and without notice if we deem that such action is necessary to prevent or to protect against fraud or to otherwise protect our personnel, agents, facilities, or services. Without limitation, we may take such actions if: a. You refuse to furnish information or furnish false information that (i) is essential for billing; or (ii) pertains to your creditworthiness, your past or current use of common carrier communications service, or your planned use of such service; b. You indicate that you will not comply with a request for security for the payment for services; c. Your service usage charges exceed established parameters based on your history of usage, which may indicate a likelihood of non-payment or possible fraud; d. You have been given written notice (including email notification) by us of any past due amount (which remains unpaid, in whole or in part) for any of our or an affiliated carrier's service to which you either subscribe or had subscribed or used; e. You either refuse to pay when billed for service or indicate to us or an entity billing on our behalf that you do not intend to pay for service used by you; f. You use, or attempt to use, service with the intent to avoid the payment, either in whole or in part, of the charges for the service by (i) using or attempting to use service by rearranging, tampering with, or makingconnections to service in an unauthorized manner; or (ii) using tricks, schemes, false or invalid numbers, falsecredit devices, or other fraudulent means or devices; g. You act, or fail to act, in a manner that hinders or frustrates any investigation by us or others having legal authority to investigate your legal obligations; h. Your telephone equipment fails to pass back to us the appropriate signal to start and stop billing for a call; i. You were previously provided with notice of breach of contract, took corrective action, but thereafter engage in the same breach activity; or j. You act in a manner that is threatening, obscene, harassing, or abusive to our personnel.



VI. LIABILITY

We will not be liable for: (i) any failure of performance due to causes beyond our control, including, but not limitedto, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties; and any law, order, regulation or other action of any governing authority or agency thereof; or (ii) delayed installation of our facilities or commencement of service.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT.

THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT. We will be indemnified, defended, and held harmless by you against all claims of loss or damage arising from the use of service furnished by us, including:


1. Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via our service;
and
2. All other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the service, in connection with any service provided by us.

WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT OUR SERVICES AND DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON OUR BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY US.

VII. MISCELLANEOUS PROVISIONS


A. Entire Agreement

These Terms and Conditions constitute the entire Agreement between you and we, and supersede any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any calling plan, promotion, and/or authorized written communications you have received and the provisions of this Agreement, the provisions of this Agreement will control.


B. No Obligation to Assist in Switching Carriers

If you either voluntarily cancel your account with us or if we cancel your service for any reason set forth above, we will have no obligation whatsoever to assist you in any respect in switching from us to another carrier.

C. Binding Effect

This Agreement is binding upon you and us and upon, respectively, your and our agents and heirs.

D. Survival

Any financial liability or obligation you have to us under this Agreement will survive cancellation or termination of this Agreement.

E. Headings of No Force or Effect

Headings in this Agreement are for reference only and have no effect on the meaning of any provision.


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