SERVICE CHARGES, SURCHARGES AND CONNECTION FEES
Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. All calls for which we receive answer supervision shall incur a minimum one-minute charge. The Company relies on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Where no answer supervision is received, we will commence billing forty (40) seconds following dial time unless the caller has terminated the call. You must notify us in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.
USE OF SERVICE
The account is non-transferable. Customer shall remain responsible for all charges for the service including, but not limited to, the use or misuse by an unauthorized third party, accidental use or loss of the card. Customer agrees to timely inform the Company of any unauthorized use or as to any changes in credit card account information and/or change of Customer's billing address. Net2Phone reserves the right at any time to cancel Customer's account for any reason.
ACCOUNT NUMBER AND PERSONAL IDENTIFICATION NUMBER (PIN)
You are responsible for maintaining the confidentiality of your account number and/or PIN. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
MEANS OF COMMUNICATION
You are responsible for providing the Company with an email address from which you can be contacted by the Company. You acknowledge that the Company may, at its discretion, use email as the primary and/or exclusive means of contacting you regarding your PennyTalk Corporate Service. You confirm that you will take all steps necessary to ensure that emails sent to you by the Company will not be blocked by anti-SPAM software or other email-blocking programs. You agree that the Company will not be held liable for any information you fail to receive because your email provider blocks an email sent from the Company to you and/or that you fail to read. In the event you change your email address, it is your responsibility to contact the Company and inform it of your new email address.
USE OF SOFTWARE
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of the Company (collectively "Marks") are and shall remain the exclusive property of the Company and nothing in this agreement shall grant you the license to use such Marks.
All Services and/or Materials found in the PennyTalk Corporate website are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Services and/or Materials found on the PennyTalk Corporate website is strictly prohibited, without the express, prior, written consent of the Company. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
You agree to use the PennyTalk Corporate Materials and Services for lawful purposes only. You are prohibited from posting on, or transmitting, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct. If the Company believes, in its sole discretion, that you have engaged in any of the foregoing conduct, the Company may, (i) remove such content from the any Site; (ii) terminate or suspend your account or use of the Services and Materials; and/or (iii) forward the offensive materials, your communications with the Company, and your personally identifiable information to the proper authorities for investigation or prosecution.
WARRANTIES AND DISCLAIMERS
You assume total responsibility and risk for your use of the PennyTalk Corporate service. All services are provided on an "as is, as available" basis. The Company disclaims any and all warranties and representations, express or implied, including without limitation all warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose. The Company does not warrant that the service is completely error-free or will operate without packet loss or interruption nor does the Company warrant any connection to or any transmission over the Internet. The Company shall not be liable for any cost or damage arising from your use of or the failure of the service. The Company does not warrant that the files available for downloading from the website will be free of infection or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. You assume total responsibility and risk for your use of the services, software, materials, and the internet.
All trademarks, service marks and related logos are the property of IDT Corporation. Copyright 2011 IDT Corporation. All rights reserved.
YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY 9-1-1 CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND THAT NEITHER IDT NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR SUCH CALLS OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE MATERIALS OR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF IDT OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE.
You agree to indemnify, defend and hold the Company, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your improper use of any Services or Materials, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of the Company and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf. If you register for one of our pay services, you agree to be responsible for payment of all applicable charges incurred as a result of your use of the the Company’s pay services, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Due to our verification process, all funds may not be available for immediate use. The Company reserves the right to terminate any dormant account that has not been used of a period of ninety (90) days or longer. Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Net2Phone may also make improvements and/or changes to the Site, Materials or Services at any time without notice.
You agree that the Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services or Materials, for any reason, or no reason at all. the Company may also in its sole discretion and at any time discontinue providing the Materials, Services, or any parts thereof, with or without notice. You agree that any termination of your access to the Services or Materials may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Services or Materials.
GOVERNING LAW; JURISDICTION