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TERMS AND CONDITIONS Effective June 1st 2005 TERMS OF USE PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE SIGNING UP OR USING THE AWAKETEL WEBSITE (www.awaketel.com). BY SIGNING UP FOR AN ACCOUNT WITH AWAKETEL OR BY USING THE AWAKETEL WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW (Agreement). WE MAY CHANGE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE. IF CHANGES ARE MADE WHICH YOU DO NOT WISH TO BE BOUND, YOU CAN CANCEL AT ANY TIME BY DISCONTINUING USE OF AWAKETELS SERVICES AND WEBSITE. THIS AGREEMENT COVERS THE TERMS THAT WE (AwakeTel) AGREE TO PROVIDE AND YOU ACCEPT FOR ANY SERVICE WE MAKE AVAILABLE TO YOU INCLUDING INTERNATIONAL CALLING, ACCESS TO OUR WEBSITE, ETC (Collectively, the Services). SIGN UP During account signup we require you to provide a valid credit card belonging to you. Your credit card will be pre-authorized for an amount ($10 USD) at that time to verify the validity of the card only. You must provide the mailing address where your credit card is billed. In addition you must provide your e-mail address to which AwakeTel can send communications regarding your account. You acknowledge that you are the person whose information you have provided, and that all of said information is true. You agree to only provide AwakeTel with phone numbers which belong directly to you. If any of this information changes, then you agree to update your account information with AwakeTel prior to the end of the current billing cycle. CHARGES If your account balance reaches or exceeds $30.00 USD, your credit card will be charged for your current balance at that time. Otherwise, your credit card will be charged automatically during the first week of each month for the previous month's usage, rounded up to the nearest cent (USD $0.01). There is no additional monthly recurring fee or signup fee. You are also responsible for any charges incurred accessing our service (e.g. airtime, roaming or any other applicable charges from your phone or wireless provider). You are responsible for any and all usage of our Services by any phone number registered to your account. If you remove a phone number from your account, you are still responsible for any charges incurred by that number for up to 24 hours after removal. You will be assessed charges based on usage of our international calling access numbers. Usage charges are calculated based on the time a call is received by our Services until the connection is broken. Partial minutes are rounded using 60/60 rounding (any call between 1 and 60 seconds is billed as 1 minute, all calls over 60 seconds are rounded up to the nearest minute). The per-minute rate you are charged will be based on the date the call started. AwakeTel can change the per-minute rate to any destination without notice. Any such changes will be available on the AwakeTel Web Site. SERVICE USAGE You agree not to use the Services in any abusive, excessive, harmful, fraudulent, or unlawful manner as determined by us, state, and federal laws. You may not resell the Services in any manner without express written permission from AwakeTel. If we believe that any such violation is taking place, we may suspend or terminate the Services and will cooperate with any appropriate legal authorities. CONTENT You agree to only access, copy, or use information, web pages or materials (Content) from AwakeTel and its Web Site solely for your personal use. You may not sell, copy, modify, imitate or distribute any AwakeTel Content, whole or in part, without AwakeTels prior written consent. You agree that you are responsible for restricting access to AwakeTel content by keeping your password confidential, and making all reasonable efforts to prevent a third party from accessing your account. If you access AwakeTel Web Site, you agree to exit entirely out of your web browser to prevent unauthorized access. WARRANTIES AWAKETEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE SERVICES OR THIS WEBSITE. THE INFORMATION PROVIDED ON THIS WEBSITE AND ALL SERVICES ARE PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU AGREE TO ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES. AWAKETEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE INFORMATION ON THIS SITE. AWAKETEL RESERVES THE RIGHT TO CORRECT ANY BILLING ERRORS UP TO 30 DAYS AFTER THE END OF ANY BILLING CYCLE. YOU AGREE THAT IN NO EVENT SHALL AWAKETEL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE PERFORMANCE OF THE SERVICES OR THE INFORMATION ON THIS SITE, EVEN IF AWAKETEL OR AN AWAKETEL AUTHORIZED REPRESENTATIVE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH, AND WHETHER BASED IN AN ACTION IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY. THE SOLE REMEDY AND MAXIMUM AGGREGATE LIABILITY OF AWAKETEL TO YOU SHALL BE A REFUND OR REBATE OF ANY AWAKETEL CHARGES RELATED TO YOUR CLAIM INCURRED DURING THE LAST 30 DAYS OF SERVICE. Documents posted on this website may include technical inaccuracies or typographical errors. Changes may be periodically made to these documents. AwakeTel may make improvements and/or changes in the products, or the programs described in these publications at any time without notice. |
