Click here to view the VoiceLine Terms
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
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
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
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
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:
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.
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
construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify
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.