TELESPOOF CUSTOMER TERMS AND CONDITIONS
FOR TELESPOOF.COM PHONE SERVICE
This Customer Service Agreement (the "Agreement") sets forth all the terms and conditions associated with your use of the services offered by or through TeleSpoof.com.
Your online acceptance of this Agreement will have the same legal effect as if you were providing a handwritten signature of acceptance.
TERMS AND CONDITIONS
Please Note: A maintenance fee of $0.89 will be deducted from your pin every fifteen (15) days, taken from your available balance. This fee is to maintain the account including any recordings that you may save. If you have less than $0.89 remaining balance, you will only be deducted whatever you have left on your PIN. If your card is depleted and no longer has a balance, we do not bill you in any way, nor do we charge your credit card.
1. Services Provided TeleSpoof.com offers you, among other things, the ability to make local toll, domestic and long distance telephone calls using touch-tone telephones by dialing various access numbers made available on its Website (www.TeleSpoof.com) (the "Website"), entering a Personal Identification Number ("PIN") and dialing the called party. In addition, it offers a call recording and caller i.d. changing capability. These services are provided on a pre-paid basis only and do not require you to change your current telephone service provider(s) in order to use the services. A complete list of TeleSpoof.com services can be found on the Website. TeleSpoof.com is not responsible for reimbursements for calls made with another service while TeleSpoof.com is temporarily unavailable.
2. Acceptable Conduct You agree to use the TeleSpoof.com services only for lawful purposes. You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In particular, depending on the state in which you are located or the person you are calling is located, you may violate state law by recording a telephone conversation without informing the other party. In addition, it is a violation of federal law to, and you shall not, use the caller ID change feature in connection with telemarketing or debt-collection calls. TeleSpoof.com reserves the right to immediately, and without notice, terminate, or otherwise discontinue, your Account and PIN in the event it determines that you have violated any such law or regulation, or any term or condition of this Agreement. In order to combat harassing or illegal conduct, including fraud and unauthorized access to voicemail, TeleSpoof.com may monitor or record customers' calls, review customers' recordings stored on its servers, and provide call detail records or recordings to law enforcement agencies.
3. Opening an Account In order to become a TeleSpoof.com customer, you must complete an application form on the Website, provide a valid credit card number and select a non-refundable, preset dollar value of service you wish to purchase. As part of the application, you will provide TeleSpoof.com with a unique Username and a unique Password. TeleSpoof.com will then send you an electronic notification (in the form of an e-mail message) confirming that you have become a TeleSpoof.com customer and the value of service you purchased for your TeleSpoof.com account ("Account"). The electronic notification will also provide you with a unique PIN, username, and password, which you must use when accessing TeleSpoof.com's services.
4. Usernames/Passwords/Personal Identification Numbers YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME, PASSWORD AND PIN AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT USING YOUR PASSWORD AND PIN WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. If you believe that your Account, Username, Password and/or PIN are being used in an unauthorized manner, you agree to contact TeleSpoof.com within one calendar day so that appropriate action can be taken to modify your Account. Please be aware that account information will be sent to the email address that you have provided to TELESPOOF.COM. Therefore, you should use a secure email address. TeleSpoof.com is not responsible for the actions of any person that accesses that email account. Please note that you are responsible for any and all charges to your account and that TeleSpoof.com cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card, password or PIN.
5. Access Numbers To access TeleSpoof.com's services, you must dial a toll free access number. After dialing that access number you must enter your PIN and then the destination telephone number. Before you use any local access number, check with your local telephone service provider to ensure that no toll charges are associated with calls to that local access number. TeleSpoof.com will not reimburse you for any extra charges assessed by your local phone company as a result of dialing one of TeleSpoof.com's access numbers.
6. Payment TELESPOOF.COM'S SERVICES ARE PROVIDED ON A PREPAID BASIS ONLY. As you use TeleSpoof.com's services, your Account will be debited accordingly. No services will be provided if your Account does not have a sufficient balance to cover the cost of the service.
7. Recharging Account In the event you want to use services whose cost exceeds the remaining balance in your Account, you may access the Website and recharge (or supplement) your Account by purchasing additional service in non-refundable, preset dollar values.
8. Rates TeleSpoof.com's rates are listed on its Website and are incorporated by reference herein. You are responsible for checking all applicable rates/promotions before making any call using TeleSpoof.com's services. Subject to the provisions of Paragraph No. 10 below, TeleSpoof.com reserves the right, at its sole discretion, to modify its rates at any time and/or to offer special promotions. TeleSpoof.com's rate structure is clearly outlined in the RATES section of the TeleSpoof.com homepage, located at http://www.TeleSpoof.com. .In addition, though it is not the intent of TeleSpoof.com to raise its rates at any point in the future, should market conditions or factors outside of TeleSpoof.com's control cause its costs or wholesale rates to some or all destinations to go up, TeleSpoof.com reserves the right to adjust its rates accordingly.
9. Toll Free Surcharges There is a 90-cent surcharge assessed on calls made from the following locations: (1) Payphones, (2)Hotels, (3)Dormitories, (4) Hospitals, and (5) Other commercial phone lines. This surcharge covers charges imposed by the Federal Communications Commission to compensate owners for the use of their facilities to originate a phone call. Although a high percentage of callers do not complete their payphone calls (they hang up before entering a destination number), TeleSpoof.com is still charged by the payphone operator for the toll free call. TeleSpoof.com has included the average cost of these incomplete calls in this fee.
10. Email Notification. You are responsible for maintaining a current and operational email address and for reading email from TeleSpoof.com so that we can notify you of updates to TeleSpoof.com's service and any customer account information.
11. Billing Increments Charges for telephone calls are measured in whole minutes. All fractions of a minute are rounded up to the next whole minute (e.g., a call which lasts 25 seconds will be charged for one minute). Timing on calls begins when your PIN is entered. Timing terminates when the TeleSpoof.com's network receives an "on hook" signal from the terminating carrier. TeleSpoof.com will not, and is not obligated to, provide refunds for any calls made using its service. An 89 cents surcharge per fifteen (15) day appplies. Toll Free access from a payphone will incur a 90 cents per call surcharge.
12. Billing Information TeleSpoof.com does not send invoices to its customers. Instead, you have confidential access to your billing information - for the current month and the prior three months only - on the Website. You are responsible for printing out your monthly statements, and TeleSpoof.com will not provide monthly invoices other than those available online.
13. Billing Disputes You must notify TeleSpoof.com by e-mail of any disputed charges within thirty (30) days of the charge being posted to your Account. TeleSpoof.com will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent TeleSpoof.com determines, at its sole discretion, that a billing adjustment is warranted, your Account will be credited accordingly. If you fail to notify TeleSpoof.com of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges.
14. Ownership of Account TeleSpoof.com recognizes that the person whose name is listed on the Account is the sole owner of the Account, even where payment on the Account is made using the credit card of a parent or other person..
15. Cancellation You may discontinue service at any time upon notice (either electronic or written) to TeleSpoof.com. We will then shut down access to your Account. You will not be entitled to any refund of the unused balance in your Account if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service.
16. Expiration Policy Your PIN (and thus any remining balance in your Account) will expire six (6) months from the date of sign up or last recharge on the Account. If you request an extension of the expiration period from TeleSpoof.com (either written or electronic) prior to the expiration of the six (6) month period, TeleSpoof.com may, at is sole discretion, attempt to provide you with an extension of the expiration date of your Account balance and your PIN. All extensions will be confirmed by TeleSpoof.com via e-mail. TeleSpoof.com is not obligated to provide you with such an extension nor is TeleSpoof.com obligated to refund any remaining balance left in your Account.
17. Termination TeleSpoof.com reserves the right, at its sole discretion and for any reason, to (a) terminate this Agreement and your access to its services, upon five (5) days electronic notice and/or (b) to refuse to allow you to recharge your Account. If fraud is suspected, TeleSpoof.com has the right to put an Account immediately on hold until further investigation takes place.
18. Government Taxes TeleSpoof.com reserves the right to pass any new government taxes, fees or surcharges on to customers by changing its rates.
19. Limitation of Liability TELESPOOF.COM SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. TELESPOOF.COM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF TELESPOOF.COM HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TELESPOOF.COM IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS. TELESPOOF.COM IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. TELESPOOF.COM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
20. No Warranties TELESPOOF.COM DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PUPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT.
21. Force Majeure TeleSpoof.com shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of TeleSpoof.com.
22. Indemnity You agree to indemnify, defend and hold TeleSpoof.com, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, your use of the WebSite or TeleSpoof.com's services, or your transactions or communications with third-party vendors initiated via the Website.
23. Arbitration All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this agreement shall be submitted for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, New York. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.
24. Consent to Communications By entering into this agreement, you consent to the receipt of electronic mail ("e-mail") from TeleSpoof.com and customer service phone communication. In addition to sending you e-mail notifications as provided for above, TeleSpoof.com may also send you e-mails about services and products we believe may be of interest to you. You may opt out of future e-mails about products or services by contacting us by e-mail at Sales@TeleSpoof.com. TeleSpoof.com reserves the right, however, to continue to contact you regarding important information relating to your account, or this agreement.
25. Modifications/Amendments This agreement may be modified or amended by TeleSpoof.com at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under "Terms and Conditions." Furthermore, you will be asked to verify acceptance of these terms when you sign up and recharge your account. YOUR CONTINUED USE OF YOUR ACCOUNT AFTER RECEIVING THE NOTICE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE OF ANY SUCH MODIFICATIONS.
26. Trademarks All corporate names, service marks, logos, trade names, trademarks, websites and domain names of TeleSpoof.com (collectively "Marks"), including but not limited to "TeleSpoof.com" are and shall remain the exclusive property of TeleSpoof.com and nothing in this agreement shall grant you the license to use such Marks without the express written permission of TeleSpoof.com. TeleSpoof. retains ownership and all rights to the TeleSpoof. name, logo, software, databases, reports, web site, and information. TeleSpoof. reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by TeleSpoof. However, each individual user has the right to use the TeleSpoof. name on their site to further promote the TeleSpoof. service to the Internet community at large if they so wish.
27. Severability If any provision of this agreement is held to be invalid, illegal or unenforceable, the remaining provisions will of this agreement will continue in full force and effect.
28. Integration - Entire Agreement This agreement, together with any written amendments or modifications, constitutes the entire agreement between you and TeleSpoof.com with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and TeleSpoof.com.
29. Governing Law This agreement, and all modifications/amendments thereto, shall be governed by the law of the State of New York, without giving effect to its conflicts of laws principles.
30. Disclaimer The materials contained on this web site are provided for general information and entertainment purposes only and do not constitute any form of advice. TeleSpoof.com assumes no responsibility for the accuracy of any particular statement and accepts no liability for any loss or damage which may arise from reliance on the information contained on this site. Links to other web sites may at times be provided for your enjoyment, but TeleSpoof.com accepts no responsibility or liability for access to or the material on any web site which is linked from or to this web site. By providing links to other sites, TeleSpoof.com does not guarantee, approve or endorse the information or products available at those sites, nor does a link indicate any association with or endorsement of the linked site by TeleSpoof.com.