Net2Phone Terms of Use

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Net2Phone, Inc. ("Net2Phone") makes available for your use on its websites ("Website" or "Site") information, documents, software and products (collectively "Materials") and various services offered by Net2Phone (collectively "Services") subject to the terms and conditions set forth in this document ("Terms of Use"). By accessing or using this Site, which includes your access to or use of any Materials or Services, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the Site, Materials, or any of the Services. By using the Materials or Service, you are agreeing to be bound by these Terms of Use.

Net2Phone may modify the Materials, Services and Terms of Use at any time without notice and such modifications shall be deemed effective immediately upon making such changes. Additionally, when using particular Services or Materials, you shall be subject to all posted agreements, guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

EMERGENCY/911 CALLS. YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY 9-1-1 CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND THAT NEITHER NET2PHONE NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR YOUR INABILITY TO MAKE SUCH EMERGENCY CALLS USING THE MATERIALS OR SERVICES.

PAYMENT. 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 Net2Phone 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. Net2Phone will not offer any refunds or reimbursements for the purchase price of a calling card debit account. Calls made from a payphone may incur a surcharge. Net2Phone reserves the right to charge a monthly account maintenance fee of up to $500 on any account that has not been used for a period of thirty (30) days or longer. If an account has not been used for a period of 180 days or longer, then Net2Phone reserves the right to terminate such account and all funds in such account shall become the property of Net2Phone. 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.

SERVICE CHARGES, SURCHARGES AND CONNECTION FEES. The Net2Phone Direct calling card has a $1.49 monthly service fee that applies to all accounts and is charged on each monthly anniversary of activation. Calls made using U.S. toll-free access numbers are billed an additional 3¢ per minute. Higher per minute rates apply when using international toll-free access numbers. All calls made from a payphone will be charged a 90¢ payphone operator recovery fee. USF surcharge applies to total cost of each U.S. inter-state call. Surcharges may apply for calls made from a cellular phone depending upon your cellular service plan.

The PennyTalk calling card has a 99¢ monthly service fee that applies to all accounts and is charged on each monthly anniversary of activation. There is a 49¢ connection fee charged at the time each call is made and answer supervision is received. Surcharges may apply for calls made from a cellular phone depending upon your cellular service plan.

USE OF SOFTWARE. The software that is made available to download from this Site is a patented and/or copyrighted work of Net2Phone and/or its suppliers and partners. Use of such software is governed by these Terms of Use and the terms set forth in the license, contract and/or applicable end user license agreement. You may not reverse engineer, decompile or otherwise attempt to discover the source code of the software available on the Website. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

YOUR CONDUCT. You agree to use the Materials and Services for lawful purposes only. You are prohibited from posting on, or transmitting through, the Site 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 Net2Phone believes, in its sole discretion, that you have engaged in any of the foregoing conduct, Net2Phone may, (i) remove such content from the Site; (ii) terminate or suspend your account or use of the Services and Materials; and/or (iii) forward the offensive materials, your communications with Net2Phone, and your personally identifiable information to the proper authorities for investigation or prosecution.

PATENTS. This product, the systems and methods that it accesses, and/or the related services we provide are covered by one or more patents or patents pending, including 6,829,645; 6,701,365; 6,687,738; 6,594,254; 6,513,066; 6,347,085; 6,226,678; 6,185,18; 6,131,121; 6,108,704; 6,009,469; 5,999,965; 5,712,907; 7,149,208. See also: http://web.net2phone.com/about/patents/.

TRADEMARKS. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Net2Phone (collectively "Marks") are and shall remain the exclusive property of Net2Phone and nothing in this agreement shall grant you the license to use such Marks.

COPYRIGHT. All Services and/or Materials found in the Website are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Services and/or Materials found on the Website is strictly prohibited, without the express, prior, written consent of Net2Phone. 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.

WARRANTIES AND DISCLAIMERS. HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL ENABLE YOU TO LEAVE NET2PHONE'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NET2PHONE AND NET2PHONE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NET2PHONE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NET2PHONE OF THE SITE. NET2PHONE AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. ALL SERVICES AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS". NET2PHONE DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES OR MATERIALS, ANY TRANSACTION PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, OR AS TO THE QUALITY OF THE CALL. NET2PHONE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. NET2PHONE DOES NOT WARRANT THAT THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES NET2PHONE WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. NET2PHONE DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, MATERIALS AND THE INTERNET.

LIMITATION OF LIABILITY. IN NO EVENT WILL NET2PHONE 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 NET2PHONE 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.

INDEMNITY. You agree to indemnify, defend and hold Net2Phone, 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 Net2Phone 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.

TERMINATION. You agree that Net2Phone, 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. Net2Phone 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 Net2Phone may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that Net2Phone shall not be liable to you or any third-party for any termination of your access to the Services or Materials.

GOVERNING LAW; JURISDICTION. These Terms of Use shall be governed and construed in accordance with the laws of the State of New Jersey. You agree that in any legal action or proceeding between you and Net2Phone for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction the state and federal courts of New Jersey and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Services or Materials must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Net2Phone's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. Net2Phone may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

ACCOUNT NUMBER AND PASSWORD. You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

PERSONAL INFORMATION AND PRIVACY. To learn about how Net2Phone protects your personal information, refer to our Privacy Policy. Please note that any non-personal information or material sent to Net2Phone will be generally be deemed to NOT be confidential.

EXPORT CONTROL LAWS. The export and re-export of Net2Phone Materials are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Materials to any destination requiring such a license. In addition, the Materials may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, the Taliban-controlled regions of Afghanistan or to any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. Moreover, neither the Software nor Materials may be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals maintained by the U.S. government. By downloading the Software and/or Materials you are certifying that you are not a national of one of the above-listed countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.