|
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICES ("SERVICES") PROVIDED BY NETCALLBACK .COM, INC. (" NETCALLBACK .COM"). NETCALLBACK .COM RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT SUBSCRIBER DOES NOT COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN. USE OF SERVICES. Upon acceptance of this Agreement, Netcallback .com hereby grants to Subscriber a personal, nonexclusive, nontransferable, revocable license to access and use the Services (as defined below), for Subscriber's use. Netcallback .com’s PROPRIETARY RIGHTS. As between the parties, Netcallback .com shall retain all rights, titles and interests to the Services including all copyrights, trademarks, patents and all other associated intellectual property rights thereto, including without limitation with respect to all technology and advertised telephone numbers used in connection with or provided as part of the Services. SUBSCRIBER REGISTRATION. Subscriber agrees to provide true, accurate, current and complete data to Netcallback .com upon signing up for the Services and at subsequent times as requested by Netcallback .com. Subscriber is solely responsible for the maintaining the confidentiality of Subscriber's password and PIN, and will be responsible for all transactions and activities that occur as a result of Subscriber's disclosure of such password and/or PIN, whether or not such transactions and/or activities were authorized by Subscriber. TERMINATION. Netcallback .com RESERVES THE RIGHTS TO RESTRICT OR CANCEL SERVICE FOR THIS AGREEMENT. To maintain or improve the Services, to prevent fraudulent transactions, or for any other reason determined by Netcallback .com, Netcallback .com, at its sole discretion, may restrict, suspend, terminate or modify Subscriber's service with or without notice. Without limiting the generality of the foregoing, Netcallback .com may restrict, suspend or terminate Subscriber's Services with or without notification for reasons including, but not limited to:
- Failure to pay for active service
- Goes over the allowed amount of credit
- Makes a false statement or claims to Netcallback .com
- Interferes with or disrupts Netcallback .com customer service or other business operations
- Declaration of bankruptcy
- Performs breach of any part of this agreement
- User’s credit information cannot be validated
- Netcallback .com believes or suspects that Subscriber's account is being misused or used by anyone for unlawful activity or is being used fraudulently
- Netcallback .com believes or suspects that the use of Subscriber's account directly or indirectly affects or can potentially affect service to other customers
- Netcallback .com believes or suspects that the use of Subscriber's account indirectly or directly affects or has can potentially affect Netcallback 's operations.
Upon any termination in accordance with the foregoing, Netcallback .com may immediately deactivate or erase Subscriber's account and other associated data and files in Subscriber's account, hold any telephone numbers associated with the account, and/or bar any further access to such files, information, or the Services. Netcallback .com shall not be liable to Subscriber or any third party for any reason for terminating this Agreement or access to Services or for modifying this Agreement and/or the Services. WARRANTY DISCLAIMER. The foregoing warranties set forth are exclusive and no other warranty is expressed or implied. Netcallback exercises no control whatsoever over the content of the information passing through Netcallback 's system. Use of any information obtained via Netcallback is at user's risk. Neither Netcallback nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the service will be uninterrupted or error free; nor does Netcallback make any warranty as to Netcallback use of the service. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, implied warranties of merchantability or fitness for a particular purpose or any warranties arising from course of dealing or usage of trade. No advice or information given by Netcallback , its affiliates, its licensers, its contractors or their respective employees shall create a warranty. LIMITATION OF LIABILITY. Under no circumstances shall Netcallback , its affiliates, its licensers, its contractors or their respective employees be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from user's use of or inability to use the service or any part thereof, or user's reliance on or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, any failure of performance, computer virus, communication line failure, theft or destruction or unauthorized access to alteration of or use of user's account, whether for breach of contract, negligence or under any other cause of action. In the event Netcallback is found liable under any circumstance under the terms of this agreement, Netcallback liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term. If user is dissatisfied with the service or with any terms, conditions, rules, policies, guidelines or practices of Netcallback in operating the service, user's sole and exclusive remedy is to discontinue using the service. INDEMNIFICATION. Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Netcallback , its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense (including, without limitation, attorney's fees and cost of litigation) incurred or suffered by Netcallback , its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Netcallback in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Netcallback shall confer as to and agree on the legal counsel(s) to be selected in any such defense. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO SUBSCRIBER. AGE LIMIT. User represents to Netcallback that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18. INTERNATIONAL USE. International accessing Netcallback service from other locations where the service is illegal is prohibited. Subscriber agrees to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to China or the country in which Subscriber resides. MODIFICATION TO SERVICES. During the term of this Agreement, Netcallback .com may modify or discontinue the Services at any time and with or without notifying the Subscriber. Subscriber agrees that Netcallback .com shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of communications, data or information as a result of, or arising out of, administration of the Services, whether or not Subscriber is given prior notice thereof. Netcallback .com may delete accounts that are inactive for an extended period of time. Netcallback .com shall not be liable to the Subscriber or any third party for any reason for Netcallback .com changing or canceling the Services, in whole or in part. Subscriber is responsible for creating a back-up copy of any important or critical information that is stored on the Services. Netcallback .com shall not be responsible or liable in any way for any information or data loss in connection with the Services. Netcallback .com reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service or its successor site. Use of the Services signifies Subscriber's agreement to all terms, conditions and notices contained or referenced herein. Continued use of any part of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes, and all changes shall thereupon become binding upon the Subscriber. It is the Subscriber’s responsibility to regularly check on the Netcallback website to check on any modification to this agreement. If Subscriber does not agree to the changes, Subscriber shall immediately cease all use of the Services.
- RULES AND REGULATIONS. Subscriber shall be solely liable for any transmissions sent through the Service. Netcallback .com has no control over the content of any transmission nor will it be liable for such content. Subscriber shall not use the Services to create or distribute any materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, violative of any third party's rights, or illegal. Further, Subscriber will abide by all rules, regulations, procedures and policies of Netcallback .com and any policies of the networks connected to the Services. Subscriber agrees to abide by all applicable local, state, national, foreign and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's account or password, including the content of Subscriber's transmissions through the Service.
Netcallback .com is under no obligation to monitor and track the information or content available or transmitted through the Services. Subscriber agrees that Netcallback .com shall have the right, but not the obligation, at its sole discretion, to refuse or remove any content, in whole or in part, that violates this Agreement or is otherwise objectionable. Subscriber acknowledges and agrees that Netcallback .com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- Comply with legal process
- Enforce this Agreement
- Respond to claims that any Content violates the rights of third-parties
- Protect the right, property, or personal safety of Netcallback .com, its users and the public
Subscriber may provide information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans and ideas to Netcallback .com. Such information shall be deemed non-confidential and Netcallback .com assumes no obligation to protect such information from disclosure. The submission of such information to Netcallback .com shall in no way prevent the purchase, manufacture, or use of similar products, services, plans and ideas by Netcallback .com for any purpose whatever. Netcallback .com shall be free to reproduce, use, disclose and distribute such information to others without restriction. Subscribers shall have no recourse against Netcallback .com for alleged infringement or misappropriation in connection with any information or materials submitted to Netcallback hereunder. ELECTRONIC TRANSACTIONS. Subscriber agrees that by entering into transactions with Netcallback .com, Subscriber confirms consent to receive all information, copies of agreements and correspondence ("Documents") from Netcallback .com in an electronic format, and to also send information to Netcallback .com in an electronic format, either through Subscriber's account or via email, at Netcallback .com's discretion. Subscriber agrees to treat any such electronic Documents received from Netcallback .com or sent to Netcallback .com as being legally equivalent to any "written" information Subscriber would receive or send in print or by postal mail. Subscriber's transactions with Netcallback .com indicates that Subscriber agrees to treat all electronic Documents received from or sent to Netcallback .com as having full legal enforceability and legal effect. In any situation where Subscriber's signature may be required to process a transaction, compliance with a commercially reasonable attribution procedure agreed to or adopted by the parties or established by law for authenticating a record shall authenticate the record. Without limiting the foregoing, the parties agree that if Subscriber enters the User Name of Subscriber's account, and enters the User Identification Number associated with the account, such process shall constitute a legally-binding signature by Subscriber. Subscriber acknowledges and agrees that Netcallback .com will not be responsible for Subscriber's failure to receive any electronic Documents, and in the event Subscriber is expecting to receive some electronic Documents that in fact Subscriber does not receive, Subscriber will notify Netcallback .com immediately. Subscriber further acknowledges and agrees that Subscriber's responsibilities or the methods by which Netcallback .com sends Subscriber electronic Documents may be altered from time to time, at Netcallback .com's discretion and Netcallback .com will give Subscriber advance notice of such changes. BILLING POLICIES
Subscriber agrees that all payments will be made to Netcallback ( Netcallback com) via credit or debit card, issued by a International banks, including MasterCard®, AMEX®, VISA®, or Discover®. Netcallback .com may change the credit cards accepted at any time, at its sole discretion. Subscriber's name and address as it appears on Subscriber's Netcallback .com account must also be on the credit account from which Payment is made. If Subscriber provides a credit card number that Netcallback .com accepts for payment of Subscriber's monthly bills, Subscriber is authorizing Netcallback .com to charge the amounts Subscriber owes, then or later, to that credit card account and to demand immediate payment from the card issuer. Subscriber also agrees to pay, under the terms of Subscriber's agreement with the card's issuer, the amounts charged to Subscriber's credit card. Every time Subscriber uses Netcallback .com Services, Subscriber re-affirms that Netcallback .com is authorized to charge Subscriber's card. Subscriber agrees to authorize Netcallback .com to charge purchases made online to the credit card account supplied to Netcallback . Payment is due in advance. In the event a customer's account is past due or a recurring credit card charge is not accepted or a check declined by Customer's bank, Netcallback will notify Customer of billing problem by email. Netcallback will not be responsible for receipt of email by Customer. It is Customer's sole responsibility to keep abreast of timely payment for Netcallback ’s services. Failure of Customer to neither rectify billing problems nor enable Netcallback to collect balances due or outstanding charges within specified periods after email is sent by Netcallback notifying Customer of problem, or inability of Netcallback to collect balances due may result in suspension or cancellation of Customer's services until rectified, and/or revocation of Customer's Service Agreement. CREDIT CARD USERS. Credit card customers will receive an email notice stating the amount charged to his/her credit card. If the credit card cannot be processed due to credit declined, call issuer, invalid card, etc. a $2 administrative charge will be added to your bill, invoice or balance due. *Note: The $2 will be charged to your account for each failed/declined attempt in charging your credit card. Charges not disputed within 60 days are considered valid and legitimate. CANCELLATION OF AUTO-PAY. Customers who are on auto-pay who wish to cancel this shall send a cancellation notice to customerservice@netcallback.com. Such notice will only be honored upon receipt. Customer should verify receipt of cancellation notice with Netcallback by contacting Netcallback support and receiving acknowledgement of cancellation notice. REFUNDS. A refund may be given to customer if after thorough investigation by the company's Accounting department, it is proven that the refund request is a valid one. For every valid refund request: Netcallback has the right to charge the customer $5 for administrative fee, bank charges, and processing fee incurred by the company. Refund requests due to services not used will not be approved. Customers are advised to ask for technical assistance if they are having technical problems. No refunds will be given to technical issues that can be remedied especially if the issue is on the subscriber’s end. DISPUTE PROCEDURE. All refunds must be approved and processed by the accounting department after intensive investigation. Refunds will be processed within fourteen (14) days of receipt of your request if there is no dispute. Netcallback requires fourteen (14) days to investigate billing and payment disputes. During such time Netcallback will not take any action against customer if it appears that a good faith dispute exists. If a dispute involves a bank or credit card payment and a refund is due the refund will be credited directly to the issuing bank or credit card source. NO CONFIDENTIALITY. Information that is transmitted through Netcallback and through the Internet in general is not confidential. Netcallback cannot and shall not guarantee privacy or protection of any User. Netcallback reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Netcallback . NON-TRANSFERABLE. The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User accounts. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law. PURCHASES ON THE SERVICE. If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service. NO SYSTEM BACKUP. Netcallback does not and will not perform system backups on any User's account(s). Netcallback shall not be held responsible for any lost data regardless of the reasoning for data loss. Except as otherwise set forth herein, Netcallback will not provide historical data, to any party for any reason, regarding any system, telephone activity or otherwise. FAILURE TO COMPLY WITH TERMS AND CONDITIONS. Netcallback may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Netcallback in its sole discretion believes violates any of the terms and conditions in this Agreement. If Netcallback denies User access to the Service because of such a violation, User shall have no right to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited. Netcallback shall have neither responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. MISCELLANEOUS. User authorizes Netcallback to enforce these restrictions by appropriate software and network measures, automated and manual. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Netcallback shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of Netcallback . In any action between Netcallback and User to enforce any of the terms of this Agreement, Netcallback shall be entitled to recover expenses, including reasonable attorney's fees. This Agreement constitutes the entire agreement between User and Netcallback with respect to the Service.
|