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By subscribing to and utilizing
EasyTel Services, you are deemed to have agreed to and be bound by the
following Terms and Conditions of this Agreement:
Definitions
"Service" or "Services" means any and all services
provided by EasyTel to you, including but not limited to, voice mail, fax mail,
e-mail, FollowMe, conference calling, long distance telephone services, The
Virtual Merchant, GenieBank ATM Cards and any additional offerings by EasyTel
utilized by you.
Right
to Change Terms and Conditions
You agree that EasyTel may change these Terms and Conditions or its rates
for any or all portions of the Services at any time upon ten (10) days prior
notice. You agree that EasyTel may give you notice of such changes by posting
such changes within the EasyTel web site http://WWW.EasyTel.Net or any of its
Services web sites, by e-mail or by conventional mail (based on the address
provided by you when you subscribed), that the ten (10) day time period begins
to run when the notice is given, and that, by continuing to use the Services
after the effective date of such changes, you agree to be bound by any such
modified Terms and Conditions of the Services.
Billing
and Payment
You agree to pay EasyTel all rates and charges. A subscription to the
Service may require a credit card number or voided check for billing, depending
on your program. By providing your credit card information or a voided check,
you grant EasyTel authorization to submit charges to that credit card number of
to debit your bank account for your use of the Service. The rates per term for
Services are charged in advance of the upcoming term of service. All usage
charges for "per minute" rates will be billed based on actual usage,
as provided, in pre-determined increments. Any other applicable charges (set up
fee, payphone surcharges, taxes, over the limit charges, others) will also be
billed to you. You acknowledge that the amount charged by EasyTel may vary
based on your usage of the Services. Any unpaid charges after 30 days will be
subject to a monthly service fee of 1.5% of the outstanding balance, or the
maximum legally allowable interest rate. If charges applied to your credit card
or bank account is rejected EasyTel reserves the right to assess a processing
fee.
Monthly
Fees and Prepaid Calling Time
You acknowledge and agree that your Service will remain "AS IS"
and will not be upgraded or downgraded during any monthly term of service. Upon
payment of the Monthly Fee, whether for the initial month of Service or for
renewal months, EasyTel will not refund any portion of the Monthly Fee for any
reason. You agree that changes will not be made to your account until the end
of your next month of service. EasyTel will automatically bill you in full for
a renewal month of service if you do not request a different billing option or
cancel your Service. In addition to the up-front Monthly Fee, your usage
charges will be deducted from your Prepaid Calling Time Balance as they occur.
EasyTel will not refund any portion of the Prepaid Calling Time; you are
however welcome to use up all Prepaid Calling Time in your account as payment
for telephone calls and/or any other services provided by EasyTel.
EasyTips
and Loyalty Bonuses
From time to time EasyTel will credit Subscriber's account with EasyTips
which are loyalty bonuses credited to Subscribers for referring new
Subscribers to EasyTel. EasyTips are not convertible to cash but can be used
as a credit to pay for any services offered by EasyTel, including but not
limited to Monthly Fees, FollowMe services, long distance and international
telephone calls, conference calls, AudioGrams and FaxOGrams.
Statements
You will have access to a Statement of Account for each month that you
incur charges, on the Internet, detailing your usage during that month. The
Statement is not a bill. Charge totals on your Statement may not agree with
charges shown on your credit card or bank statement due to differences in
statement cut-off dates. Unless you notify EasyTel of any dispute regarding
your Statement within forty-five (45) days (or such longer period required by
law, if any) after the date the Statement was made available to you, the
charges on the Statement will be deemed to be accepted by you for all purposes,
including resolution of any inquiries made by your credit card issuer, if applicable.
Fraudulent
and Abusive Use of the Services
EasyTel helps protect you against fraudulent use of your Services with
private user names and passwords, credit card verification upon sign up and
daily and monthly usage limits. You are responsible for controlling access to
and maintaining the security of your user name and password. You shall notify
EasyTel of any user names and passwords which are lost, stolen or suspected of
being used fraudulently, in writing, via email or fax. You agree you will be
liable for all charges incurred prior to and within thirty (30) minutes after
you notify EasyTel's Customer Relations, in writing or via email or fax, to
deactivate suspect user names and passwords. You agree to not engage in or
assist others in fraudulent or abusive use of the Services.
Cancellation
The Services will remain in full force until canceled by either party.
EasyTel may suspend, interrupt, or cancel your service at any time (i) without
notice for non-payment, for any reason, which in EasyTel's judgment may
preclude it from receiving payment, or for any violation by you of these Terms
and Conditions; or (ii) with notice for any reason, with or without cause. If
you wish to cancel, please access and complete the EasyTel Cancellation Form on
the EasyTel website and fax and/or email your cancellation request to EasyTel
as directed on the form. After any cancellation, you agree EasyTel has
authorization to initiate a charge if there is an outstanding balance. EasyTel
will not refund a prorated portion of monthly service fees or prepaid calling
time in the event that you cancel Service part way through the month.
Subsequent reinstatements of Service after cancellation may be subject to a
Service reinstatement fee, at EasyTel's discretion.
Indemnification
and Release
You agree to indemnify and hold harmless EasyTel and its directors,
officers, affiliates, employees, agents, suppliers, subcontractors, and vendors
from any damages, losses, obligations, liabilities, claims and expenses
(including reasonable attorneys' fees and other costs and expenses of any suit,
action, investigation, claim, or proceeding) of any kind whatsoever, sustained,
incurred or required to be paid by EasyTel by reason of or arising out of,
directly or indirectly, your use of the Services, or the use of your Service
account by another (whether or not authorized by you), including without
limitation, any claim of libel, defamation, violation of rights of privacy or
publicity. EasyTel reserves the right to assume the exclusive defense and control
of any such claim subject to indemnification, but, notwithstanding EasyTel's
control of the defense of such claim, you will remain obligated under this
indemnity.
Disclaimer
of Warranty
You acknowledge and agree that EasyTel has not made, and does not make,
any warranty or guarantee with respect to the Service, whether express or
implied, and that the Service is offered to you "AS IS" and "AS
AVAILABLE". Without limitation of the foregoing, EasyTel makes no warranty
that the Service (i) is merchantable, (ii) is fit for a particular purpose,
(iii) is or will operate "error-free", or (iv) is non-infringing of
the rights of any third party. You acknowledge and agree that EasyTel cannot
and does not guarantee (i) that the Service will be available at all times,
(ii) that voice mail, fax mail or e-mail messages or other services will be
delivered or received within a particular time, or will be transmitted
accurately, (iii) that voice mail, fax mail or e-mail messages will be stored
for any particular time, or (iv) that each and every country will be accessible
through its access numbers. You acknowledge and agree (i) that EasyTel cannot
and does not guarantee, and assumes no liability for, the security or
confidentiality of data transmitted to or from the Service, (ii) that no
computer system is immune from intrusion, (iii) that data transmitted to or
from the Service may pass through many computer systems, and (iv) even
encrypted data is only as secure as the encryption method used to protect it
and may not offer complete security.
Limitation
of Liability
YOU AGREE THAT EASYTEL WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSSES, LOST
PROFITS, OBLIGATIONS, LIABILITIES, CLAIMS AND EXPENSES (INCLUDING REASONABLE
ATTORNEYS' FEES AND OTHER COSTS AND EXPENSES OF ANY SUIT, ACTION,
INVESTIGATION, CLAIM, OR PROCEEDING) OF ANY KIND WHATSOEVER (WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), SUSTAINED OR INCURRED BY YOU AS
A RESULT OF YOUR USE OF THE SERVICE OR THE USE OF YOUR SERVICE ACCOUNT BY
ANOTHER (WHETHER OR NOT AUTHORIZED BY YOU), INCLUDING THE LOSS, DELAY OR
INACCURACY OF ANY VOICE MAIL, E-MAIL OR OTHER MESSAGE OR SERVICE, ANY LOSS OF
CONFIDENTIALITY OF ANY VOICE MAIL, E-MAIL OR OTHER MESSAGE INTENDED TO BE
CONFIDENTIAL, OR AS A RESULT OF ANY SUSPENSION, INTERRUPTION OR CANCELLATION OF
SERVICE (EVEN IF EASYTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT WILL THE AGGREGATE LIABILITY OF EASYTEL FOR ANY AND ALL CLAIMS
(WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EXCEED THE
AMOUNT PAID BY YOU TO EASYTEL FOR SERVICE RENDERED IN THE MOST RECENT BILLING
PERIOD.
Cooperation
with Law Enforcement Agencies and Others: Access by EasyTel
You agree that EasyTel may cooperate with law enforcement authorities
and/or injured third parties in the investigation of any suspected crime or
civil wrong attempted or perpetrated by using, or attempting to use, the
Service. You agree that it may be necessary for EasyTel to examine any and all
portions of the Service and Service sites, including, without limitation,
accessing your Universal Office, your GenieBank ATM account or any other
account you maintain with EasyTel to cooperate in such investigations and also
to resolve system problems or mail system errors, and you hereby consent to
such examination.
Copyright/Trademarks
The trademarks, logos and service marks displayed on Service materials or
any Service web sites are the property of EasyTel, its affiliates and other
parties. You agree that you may not use any such trademark, logo or service
mark without the written permission of EasyTel or such third party, which may
own them. You agree that the Service, and all programs, services, processes,
technologies, designs, inventions, materials and software used by EasyTel for
or in connection with the Service are owned by and/or are proprietary to
EasyTel, and you agree not to duplicate, or attempt to duplicate, such Service,
or provide any similar service, in whole or in part, directly or indirectly,
alone or in cooperation with others; or to translate, reverse engineer,
disassemble or decompile any software used or owned by EasyTel for or in
connection with the Services.
Compliance
with Laws
Your Service account may only be used for lawful purposes. You agree that
your access to and your use of your Service account is subject to all
applicable federal, state and local laws and regulations. EasyTel reserves the
right to identify and restrict same or substantially similar electronic mail
messages, and faxes, whether or not commercial, to a large number of recipients
(sometimes known as spamming). Because EasyTel has no practical ability to
restrict all conduct, communications or content which might violate these Terms
and Conditions prior to its transmission on EasyTel's systems, and because
EasyTel cannot ensure prompt removal of any such communications or content
after transmission or posting, EasyTel does not assume liability to you or
others for any failure to enforce the terms of these Terms and Conditions.
EasyTel.Net
recognizes that The International Money
Laundering Abatement and Anti-Terrorist Financing Act of 2001 ("Act")
imposes important new obligations on all financial service firms for the
detection, deterrence and reporting of money laundering activities. Under the
Act, money laundering is defined as any financial transaction using income
derived from criminal activity including, but not limited to, drug trafficking,
fraud, illegal gambling and terrorism. EasyTel has established policies to
ensure thorough compliance with all laws and regulations regarding money
laundering and anti-terrorist financing. For more details please read the (AML) ANTI MONEY LAUNDERING AND
ANTI-TERRORIST FINANCING POLICY STATEMENT posted on this website.
Incorporation
of Tariff
You acknowledge that EasyTel's network carriers may provide certain long
distance and other telecommunications services to EasyTel for use by you as a
part of the Service. You agree that the terms and conditions (excluding rates
and charges) of the applicable FCC Tariffs as modified from time to time are
incorporated by reference and made a part of this Agreement. You agree to be
bound by the terms and conditions of the Carriers' Tariffs with respect to the interexchange
services portion of the Service.
Arbitration
and Governing Law
Any dispute arising out of or related to these Terms and Conditions or
the use of the Service by you (or by another person using your account, with or
without your permission) shall be submitted to binding arbitration before the
American Arbitration Association in Las Vegas, Nevada. You agree that all
arbitration proceedings shall be before one arbitrator in Las Vegas, Nevada,
and you waive any objections that might otherwise be available based on
improper venue or forum non-convenience. Discovery appropriate to the dispute
between the parties and the desire of the parties for a prompt and efficient
resolution of the dispute will be permitted. These Terms, Conditions, and
applicable law will bind the arbitrator, and the decision of the arbitrator
will be binding on EasyTel and you. The arbitrator will have the power to award
costs and expenses (including attorney’s fees) to the prevailing party. The
arbitrator's decision may be enforced in any court of competent jurisdiction.
These Terms and Conditions shall be governed by the laws of Nevada applicable
to agreements entered into and performed wholly in Nevada.
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