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, 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.UniversalOffice.com 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
are 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 Universal Office 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.
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 noninfringing 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, 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.
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
Service 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
attorneys 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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