Special

Terms and Conditions

icallsimple is a part and service of icallsimple LLC.. icallsimple LLC. strives to provide innovations in technology to make the things you do every day fun and straightforward and easy to use for the consumer.

icallsimple Calling Terms of Use Agreement is Subject to Change at Any Time In the Sole Discretion of Service Provider, 2009 icallsimple All Rights Reserved.

By purchasing or using the icallsimple prepaid calling service (”Service”), the user (or “You”) accept/s the rates, terms, and conditions (”Terms”) identified on this page as such Terms are updated from time to time. You should periodically check our website for any such changes which will be posted with the new effective date.

1. Lawful purposes only

You may use our service only for lawful, proper and appropriate purposes. You may not use our service in any way that is illegal, improper or inappropriate. For a non-exhaustive list of examples of illegal, improper or inappropriate uses of our service and/or devices, below.

• threatening

• abusive

• harassing

• defamatory

• libelous

• deceptive

• fraudulent

• invasive of another’s privacy, or any similar behavior

In addition, you shall not use our service for auto-dialing continuous, or extensive call forwarding Inbound/outbound centralized or distributed call center activity telemarketing (including charitable or political solicitation or polling) fax or voicemail broadcasting, or fax or voicemail blasting and, you shall not use our service or your device to impersonate another person send bulk unsolicited messages; use robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our service or use any automated means to manipulate our service;

use our service to violate any law, rule, or regulation; violate any third party’s intellectual property or personal rights; or exceed your permitted access to our service.

2. Monitoring

We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our service, or Icallsimple, its parent, affiliates, directors, officers, agents, and employees from harm.

3. Providing information to authorities and third parties

Credit card fraud is a criminal offense. At Icallsimple, we use automated and manual systems to confirm proper credit card authorization, including having Icallsimple Representatives call persons who have signed up for Icallsimple. We also track every transaction. Information related to fraudulent transactions, including but not limited to IP addresses, detailed call records, transaction data and email addresses is collected and will be provided to appropriate law enforcement officials consistent with applicable law when required to assist in the prosecution of any persons attempting to commit fraud on the Icallsimple web site.

If we believe that you have used our service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), and all other account information, as follows:

(i) in response to law enforcement or other governmental agency requests; (ii) as required by law, regulation, rule, subpoena, search warrant, or court order; (iii) as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both; (iv) to protect Icallsimple’s rights and property; or (v) in emergency situations where disclosure of such information is necessary to protect Icallsimple customers or third parties from imminent harm.

4. Use of Service and Device by Customers Outside the United States

Although we encourage you to use our service to call foreign countries from the United States and to use our service as you travel, the services are only offered and supported in the United States. You will be solely responsible for any violations of local laws and regulations or violations of ISP and broadband provider terms of service because of your use of our service.

5. No Transfer of Service

You may not resell or transfer your service or provide a telephone service to anyone else by using your Icallsimple service or features of your Icallsimple service without first getting our written consent.

6. No Alterations or Tampering.

If you copy or alter or have someone else copy or alter the software of the device in any way that facilitates a compromise of your service, you are responsible for any charges that result. You may not attempt to hack or otherwise alter or disrupt our service or make any use of our service that is inconsistent with its intended purpose.

7. End User Recognizes and Agreements to icallsimple Policies

* Rates vary and are subject to change;

* Icallsimple is not intended for intrastate dialing in the U.S., to place 500, 700, 800, 888, 877, 866, 855, 900, 976, 411, or 555 number calls, to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls;

* Icallsimple is not available for calls placed from Alaska;

* Calls made from pay telephones and certain other public phones in the US are assessed an additional charge in USD per call.

* Calls made in the US using the toll free access number will incur an additional charge per minute. Also, hotels may apply additional charges for calls made using their phones. These charges are billed directly by the hotel and are not related to Icallsimple service. Please check with your accommodations regarding these additional charges.

* Calls are billed in increments of one minute, with fractions thereof rounded up to one minute.

*Calls through a mobile phone without adequate long distance plans, may be charged long distance fees by their carrier when accessing icallsimple access numbers or 1-800 number. Check icallsimple’s list of access numbers to see if we currently have a local access number in your region. If you want to request a local access number please write to support@icallsimple.com.

You should make every effort to safeguard your account number and PIN. Icallsimple is not responsible for lost or stolen PINs or unauthorized use.

8. Refund/Credit Policy

At Icallsimple we are committed to delivering high quality service every day. However, circumstances beyond our control may result in occasional disruptions in service. We will issue a credit or a refund only in the following circumstances:

* If you are charged for a call that was never completed (there was no answer). Upon verification, we will credit your account the amount charged; * If you have unintentionally created two or more Icallsimple accounts and want to close the additional account.

* If you were incorrectly charged for services not received or for which you did not authorize. In such cases, you must contact Icallsimple within 24 hours of the attempted call or discovery of the erroneous charges in order to be eligible for any refunds.

9. Additional terms for Subscriptions

Subscriptions are for individual use only. Each subscription is to be used by one person only and is not to be shared with any other user (whether via a PBX, call centre, computer or any other means).

Icallsimple reserves the right to withdraw or change the subscriptions at any time. If Icallsimple changes the Products included in Your subscription, Icallsimple will send a notification by e-mail, stating the changes and their effective date. If You do not wish to accept these changes, You are entitled to terminate Your subscription, in writing or by e-mail to billing@icallsimple.com, with effect from the date on which the changes are due to take effect.

In the event that there is, or Icallsimple suspects that there is, any fraudulent activity or misuse of Your subscription, Icallsimple reserves the right to terminate Your subscription with immediate effect and without a refund.

You may terminate Your subscription at any time.

If You choose to pay for Your subscription monthly, every 3 months or annually (as applicable), You acknowledge and agree that this is a recurring payment and payments shall be made to Icallsimple by the method You have chosen at the recurring intervals chosen by You, until the subscription is terminated by You or by Icallsimple.

Cancellation Policy

You may discontinue service at any time by providing written notice (either electronic or through the postal service) to Icallsimple customer service. We will then shut down access to your account. Icallsimple is not obligated to refund any of the unused balance in your Icallsimple account as of the date you discontinue service, so we recommend that you use up the remaining balance before terminating the account. If you are using the pay as you go plan and you haven’t used your minutes after 60 days, from the last time of use; your credit will be lost. Icallsimple will not be liable for any failure of performance due to causes beyond its control, including, but not limited to, Acts of God, fires, floods or other catastrophes, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties, preemption of existing services in compliance with any law, order, regulation or other action of any governing authority or agency thereof. No warranty, express or implied, is made regarding the condition or fitness of the services offered or use of the service for any particular use or purpose, including warranties of title or implied warranties of merchantability or non-infringement. Icallsimple does not authorize anyone to make a warranty on its behalf and you may not rely on any statement of warranty as a warranty by Icallsimple. With respect to any allegation, claim, or dispute related to use of the service provided there under, the liability of Icallsimple, or any of its employees, agents, or cooperating service Providers (the “Parties”) shall be limited to an amount equal to the charge for such affected service. IN NO EVENT WILL THE PARTIES BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. USER ACCEPTS THESE TERMS AND CONDITIONS BY USING THE SERVICE. You will indemnify, defend, and hold harmless Icallsimple and its distributors and agents against all claims of loss or damage arising from use of the Service, including (a) allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via the Service, and (b) all other allegations and claims arising out of any intentional act or omission, whether giving rise to criminal or civil liability, by you or others authorized by you to use the Service. Icallsimple may deny or limit use of the Service for any lawful reason. If Icallsimple suspects fraudulent use of the Service, it may be suspended or terminated, and Service calls may be intercepted, without notice.

icallsimple will not be liable for any act or omission of any company furnishing a portion of the service or of any third party, including those vendors participating in offerings made to You, or for damages associated with service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with Icallsimple services. No dispute or claim may be brought as a class action or as a private attorney general, and you will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim.
No waiver of the Terms is valid. icallsimple, in its sole discretion, may modify and assign these Terms.

The Terms are binding upon You and Icallsimple and upon, respectively, your and Icallsimple’s agents and heirs. If any part or provision of these Terms is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of these Term, which will still be given full force and effect.

If you have a dispute concerning your Service, you should first call the Customer Service number listed on the Icallsimple web site. If you are unable to resolve the dispute with Customer Service, you agree that the exclusive forum for resolution shall be through arbitration instead of court proceedings, trials, and class actions. Arbitration is final and binding. You agree that all disputes arising out of or related to these Terms (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) will be submitted to the American Arbitration Association (”AAA”), for final and binding arbitration. For Consumers, the arbitration will be conducted under the AAA Arbitration Rules for the Resolution of Consumer-Related Disputes Commercial Arbitration Rules (”AAA Rules”), as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by these Terms. For businesses that purchase Icallsimple Business Service, the arbitration will be conducted under the AAA Arbitration Rules for Commercial Disputes, as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by these Terms.

Effective Date

This Privacy Statement is effective as of October 4th 2009.

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