*** THE FOLLOWING IS A BINDING LEGAL AGREEMENT BETWEEN YOU (CUSTOMER) AND ITELLAS COMMUNICATIONS, L.L.C. *** *** PLEASE TAKE THE TIME TO READ IT CAREFULLY BEFORE ACCEPTING IT, AS ITELLAS WILL HOLD YOU TO THIS!!! *** *** SECTIONS 6 AND 7 ARE PARTICULARLY IMPORTANT TO ANYONE WHO IS INTENDING TO MISUSE THIS SERVICE OR PLANS ON CALLING LIVELINKS OR ANY OTHER DATING SERVICE!!! *** 1. Introduction The Website Owner, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website. 2. Information on the Website Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know. 3. Trade Marks The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of the Website Owner. 4. External Links External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website. 5. Public Forums and User Submissions The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to - 5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties; 5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information; 5.3 post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the Website Owner's and/or a third party's computer system and/or network; 5.4 violate any copyright, trade mark, other applicable United States or international laws or intellectual property rights of the Website Owner or any other third party; 5.5 submit contents containing marketing or promotional material which is intended to solicit business. 6. Specific Use You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material. 6.1 Account Cancellation Itellas reserves the right to cancel accounts at any time. Customers may also cancel accounts at any time via the customer web interface. Since Itellas does not issue refunds, actual account close dates are adjusted to occur at the end of a customer's billing cycle. 6.2 Other Vendors Itellas services may not be used to circumvent the policies of any other vendor of any type. Violations of this policy will result in immediate termination of service without refund. 6.3 Dating Services No customer may at ANY time, call any dating service, chat line, party line, or any type of telephone social service. Customers caught engaging in such activity may be charged a full month's service fee and/or be permanently banned from the service without refund. Customers whose credit cards are declined for the extra month's service will be immediately referred to a collection agency, and an additional $100.00 processing fee will be assessed to the account. 6.5 Business Use of a Personal Account Customers may not use any Unlimited Personal account for business purposes. Should Itellas discover that a customer is using a personal account for business purposes, Itellas may, at its discretion, discontinue services until customer agrees to upgrade to a Business plan. 6.5 Confirmation of Service Phone Itellas requires customers to call the service once from their service phone to confirm that it is valid. Failure to do so will result in the account being locked. 6.7 High Usage Customers Customers using more than the average number minutes (as determined by the overall average of all of our customers) within a monthly billing period on the "personal unlimited" plan may be given the option to switch to the Pay-Per-Minute plan at $.10/minute (cheapest rate of any spoofing company on the internet), switch to a business plan that more closely fits their high usage needs, or close your account with Itellas without refund. Itellas has had to implement these "extreme high usage" rules to ensure that the vast majority of all of our customers are always able to place spoofing calls when needed. 6.8 Definition of "Unlimited" for personal and business plans "Unlimited" is defined as usage up to but not over the average amount of usage determined by the overall average of all customers combined in your particular payment category. 7. Warranties The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website or any service, the information contained on the website, your or your company's personal information or material and information transmitted over our system. 7.1 Refunds Itellas requires no contract and voluntary cancellation is expressly permitted. Itellas does not issue refunds except in the case of a server outage. Itellas will be glad to arrange a demonstration of our services to be sure it will work for a given customer. UNUSED MINUTES AND/OR UNUSED TIME IS NON-REFUNDABLE. In the case of technical problems, customer MUST contact Itellas Support either by email or by phone to request assistance with the problem. Itellas will take immediate legal action against any customer who unlawfully or dishonestly obtains a refund for services rendered. False chargebacks placed against Itellas for any services purchased either through the website or on the phone will be immediately referred to a collection agency, and a $200.00 fee will be assessed on the account. The customer may also face legal action depending on the severity of the fraudulent chargeback. 7.2 Billing Procedures Itellas customers whose plans include monthly services will be automatically charged via the credit card on file on the day of the month on which they signed up. Customers whose credit cards are declined will have their services interrupted until payment can be collected. Customers may pay their past due balance via the website, or if left unattended-to, Itellas will try two more times to collect the balance. The 2nd attempt will be made after 5 days, and the 3rd attempt will be made after 10 days. Should a customer's account fail to re-bill successfully after the 3rd attempt, the account will be closed. Itellas does NOT issue refunds for unwanted service. It is the customer's responsibility to close an account before it re-bills if they do not want to be charged. Itellas is not responsible for overdrafts, over-limit, or any other situation relating to a customer's bank or credit card account balance. 8. Disclaimer of Liability. The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. 9. Use of the Website. The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website. 10. General 10.1 Entire Agreement. These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website. 10.2 Alteration the Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website. 10.3 Conflict. Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website. 10.4 Waiver. No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights. 10.5 Cession. The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party. 10.6 Severability. All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. 10.7 Applicable laws. Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of the state of Alabama without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the state of Alabama in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith. 10.8 Comments or Questions. If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us. 10.9 Acceptable Use of Our Service You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In particular, depending on the state in which you are located or the person you are calling is located, you may violate state law by recording a telephone conversation without informing the other party. In addition, it is a violation of federal law to, and you shall not, use the caller ID spoofing feature in connection with telemarketing calls. Itellas reserves the right to immediately, and without notice, terminate, or otherwise discontinue, your Account and PIN in the event it determines that you have violated any such law or regulation, or any term or condition of this Agreement. In order to combat harassing or illegal conduct, including fraud and unauthorized access to voicemail, Itellas may monitor customers' calls and review customers' recordings stored on its servers.
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