Terms of Service
LTDN NextGenFone Ltd. Co. TERMS OF SERVICE
Terms and Conditions for Use
This agreement ("Agreement") is between LTDN NextGenFone Ltd. Co. ("we," "us" or "LTDN NextGenFone Ltd. Co.") and the user ("you," "user" or "Customer") of LTDN NextGenFone Ltd. Co.'s enhanced Residential communications services or enhanced Small Business communications services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, LTDN NextGenFone Ltd. Co. phone adpater, Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.
1. SERVICE
1.1 Term
Service is offered on a monthly basis for a term which begins on the date that LTDN NextGenFone Ltd. Co. activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give LTDN NextGenFone Ltd. Co. written notice of non-renewal at least ten [10] days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation unbilled charges, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
1.2.1 Residential Use of Service and Device
If you have subscribed to LTDN NextGenFone Ltd. Co.'s Residential services, the Service and Device are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, tele-marketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from LTDN NextGenFone Ltd. Co. in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay LTDN NextGenFone Ltd. Co.'s higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. LTDN NextGenFone Ltd. Co. reserves the right to immediately terminate or modify the Service, if LTDN NextGenFone Ltd. Co. determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use.
1.2.2 Small Business Use of Service and Device - Prohibition on Resale
If you have subscribed to LTDN NextGenFone Ltd. Co.'s Small Business services, the Service and Device are provided to you as a small business user. This means that you are not to resell or transfer the service or device to any other person for any purpose, without express written permission from LTDN NextGenFone Ltd. Co. in advance. You agree that the LTDN NextGenFone Ltd. Co. Small Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. LTDN NextGenFone Ltd. Co. reserves the right to immediately terminate or modify the Service, if LTDN NextGenFone Ltd. Co. determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities.
1.3 Lawful Use of Service and Device
1.3.1 Prohibited Uses:
You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in LTDN NextGenFone Ltd. Co.'s sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. LTDN NextGenFone Ltd. Co. reserves the right to terminate your service immediately and without advance notice if LTDN NextGenFone Ltd. Co., in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless LTDN NextGenFone Ltd. Co. against any and all liability for any such use that fails to comply with this Section 1.3.1. If LTDN NextGenFone Ltd. Co., in its sole discretion believes that you have violated the above restrictions, LTDN NextGenFone Ltd. Co. may forward the objectionable material, as well as your communications with LTDN NextGenFone Ltd. Co. and your personally identifiable information to the appropriate authorities for investigation and prosecution.
1.3.2 Use of Service and Device by Customers Outside the United States:
While we encourage use of the Service within the United States to other countries you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you.
1.4 Loss of Service Due to Power Failure
You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service.
1.5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on LTDN NextGenFone Ltd. Co.'s website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of LTDN NextGenFone Ltd. Co. are and shall remain the exclusive property of LTDN NextGenFone Ltd. Co. and nothing in this Agreement shall grant you the right to right or license to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by LTDN NextGenFone Ltd. Co., which LTDN NextGenFone Ltd. Co. reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless LTDN NextGenFone Ltd. Co. against any and all liability arising out of your use of such interface device with the Service.
1.6 Tampering with the Device
You agree not to change the electronic serial number or equipment identifier of the Device, or to
perform a factory reset of the Device, without express permission from LTDN NextGenFone Ltd. Co. in each instance. LTDN NextGenFone Ltd. Co. reserves the right to terminate your Service should you tamper with the Device,
leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable.
1.7 Theft of Service
You agree to notify LTDN NextGenFone Ltd. Co. immediately, in writing or by calling the LTDN NextGenFone Ltd. Co. customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
1.8 Return of Device
The Device must be returned to LTDN NextGenFone Ltd. Co. within fourteen (30) days of the line termination to receive a refund for
the $49.95 sign up deposit (refer to section 4.6 of this document regarding termination), provided: (i) Customer retained proof of purchase and original packaging and (ii) contents are undamaged and in original condition
and (iii) and all documentation and packaging materials are returned. If Customer receives cartons and/or Devices that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a
copy. Keep the original carton, all packing materials and parts intact and contact LTDN NextGenFone Ltd. Co.'s customer care department immediately. Warranty coverage varies depending on the type of Device that
Customer chooses. Please refer to the LTDN NextGenFone Ltd. Co. warranty materials included in the packaging of your Device(s).
1.9 Number Transfer on Service Termination
LTDN NextGenFone Ltd. Co. may, solely at the Company's discretion, release the telephone number that was ported in to LTDN NextGenFone Ltd. Co. by you and used in connection with your Service provisioned by LTDN NextGenFone Ltd. Co. to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; and (ii) your LTDN NextGenFone Ltd. Co. account is completely current including payment for all charges; and (iii) you request the transfer upon terminating your account.
1.10 Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by LTDN NextGenFone Ltd. Co.. The Service is subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies.
1.11 Local Number Portability
Certain services such as LNP (local number portability) and local numbers is not available in all areas.
2. EMERGENCY SERVICES- 911 DIALING
2.1 Non-Availability of Traditional 911 or E911 Dialing Service:
You acknowledge and understand that the Service does NOT support traditional 911 or E911 access to emergency services.
2.3 Service Outage:
2.3.1 Power Outage
You acknowledge and understand that dialing does not function in the event of a power failure. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service.
2.3.2 Broadband Service Outage
You acknowledge and understand that service outages by your broadband provider will prevent ALL Service.
2.3.3 Service Outage Due to Suspension of Your Account
You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911dialing.
2.3.4 Other Service Outages
You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
2.3.5 Limitation of Liability and Indemnification
You acknowledge and understand that the Company's liability is limited for any Service outage and/or inability to dial 911 from your
line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless LTDN NextGenFone Ltd. Co., its officers, directors, employees, affiliates and agents and any
other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation,
reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of Customer or any
third person or party or user of Customer's Service to be able to dial 911 or to access emergency service personnel.
3. CHANGES TO THIS AGREEMENT
LTDN NextGenFone Ltd. Co. may change the terms and
conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted. Agreement posted supercedes all previously agreed to electronic and written Terms of Service.
4. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
4.1 Billing
You must give us a valid credit card number when the Service is activated. If the card expires, you close your account or
your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise LTDN NextGenFone Ltd. Co. at once. We will bill all charges monthly to your credit card, including but not
limited to: activation fees, monthly Service fees, international usage charges, advanced feature charges, equipment purchases and shipping and handling charges. LTDN NextGenFone Ltd. Co. reserves the right to bill at more
frequent intervals if the amount due at any time exceeds $50.
4.2 Billing Disputes
You must notify LTDN NextGenFone Ltd. Co. in writing within 7 days after receiving your credit card statement if you dispute
any LTDN NextGenFone Ltd. Co. charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:
billing@nextgenfone.com
4.3 Payment
LTDN NextGenFone Ltd. Co. only accepts payments by credit card. Your initial use of the Service authorizes LTDN NextGenFone Ltd. Co. to charge the credit card account number on file with LTDN NextGenFone
Ltd. Co., including any changed information given LTDN NextGenFone Ltd. Co. if the card expires or is replaced, for LTDN NextGenFone Ltd. Co. charges that accrue during the billing cycle. This authorization will remain
valid until 30 days after LTDN NextGenFone Ltd. Co. receives your written notice terminating LTDN NextGenFone Ltd. Co.'s authority to charge your credit card. LTDN NextGenFone Ltd. Co. may terminate your Service at any
time in its sole discretion, if any charge to your credit card on file with LTDN NextGenFone Ltd. Co. is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined
card, reversed charges or non-payment leaves you FULLY LIABLE to LTDN NextGenFone Ltd. Co. for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by LTDN NextGenFone Ltd. Co. owing to your non-payment, such as (but
not limited to) collection costs and attorney's fees.
4.4 Termination/Discontinuance of Service
LTDN NextGenFone Ltd. Co. reserves the right to suspend or discontinue providing the Service generally, or to
terminate your Service, at any time in its sole discretion. If LTDN NextGenFone Ltd. Co. discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be
responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, including without limitation violation of
this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the full month's charges to the end of
the current term, including without limitation unbilled charges, all of which immediately become due and payable.
4.5 Taxes
Customer is responsible for, and shall pay any applicable federal, state, municipal,
local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or
use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your account. If Customer is exempt from payment of such taxes, it will provide
LTDN NextGenFone Ltd. Co. with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date LTDN NextGenFone Ltd. Co. receives the Tax Exempt Document.
4.6 Disconnect Fee
There is no disconnect Fee. The deposit will be refunded to you when you disconnect or cancel our service. To receive a refund for the deposit of $49.95 per phone adapter, Customer must
return the Device(s) undamaged and in original condition within thirty (30) days of termination. LTDN NextGenFone Ltd. Co. will not refund Customer if the Device(s) is damaged or not in its original condition as received by the
Customer. In the event Customers multiple lines, LTDN NextGenFone Ltd. Co. will issue Customer a refund upon receipt of all Device.
4.7 Money Back Guarantee
LTDN NextGenFone Ltd. Co. offers a
30-day money back guarantee, applicable to one primary line per account, not additional or secondary lines. Under terms of the Money-Back Guarantee, LTDN NextGenFone Ltd. Co. refunds the first month of service, and refund the
phone adapter deposit. LTDN NextGenFone Ltd. Co. reserves the right to terminate or revoke the Money-Back Guarantee at any time, without prior notice.
User must cancel service within 30 days of the account
activation. Equipment must be returned within 30 days. Usage must not exceed 200 minutes within the first 30 days of service. User is responsible for any charges for overage, international traffic or directory assistance.
Accounts exceeding 200 minutes of usage are not eligible for refund.
All returned equipment must be in the original packaging with the UPC or bar code intact. All components, manuals and registration card(s) must
be included. Equipment must be returned with a valid return authorization number obtained from LTDN NextGenFone Ltd. Co. Customer Care. User is responsible for return shipping of equipment. The money back guarantee will not be
honored if user fails to meet all above requirements.
To obtain a return authorization number, user must contact billing@nextgenfone.com
5. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION
5.1 Limitation of Liability
LTDN NextGenFone Ltd. Co. shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any
time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
1.) act or omission of an underlying carrier, service provider, vendor or other third party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation;
7.) service, equipment, network or facility failure caused by the loss of power to Customer; or
8.) any other cause that is
beyond LTDN NextGenFone Ltd. Co.'s control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed , including 911 dialing,
or degradation of voice quality.
LTDN NextGenFone Ltd. Co.'s liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.
5.2 No Consequential Damages
In no event shall LTDN NextGenFone Ltd. Co., its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with this
Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out
of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims
founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not LTDN NextGenFone Ltd. Co. was informed of the likelihood of any particular type of
damages.
5.3 Indemnification
Customer agrees to defend, indemnify, and hold harmless LTDN NextGenFone Ltd. Co., its officers, directors, employees, affiliates and agents and any other service provider who
furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or
on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, including 911dialing, or the Device. This paragraph shall survive termination of this Agreement.
5.4 No Warranties on Service
LTDN NextGenFone Ltd. Co. makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a
particular purpose. LTDN NextGenFone Ltd. Co. does not warrant that the Service will be without Service failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither
LTDN NextGenFone Ltd. Co. nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will
be liable for unauthorized access to LTDN NextGenFone Ltd. Co.'s or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer's data files,
programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of LTDN NextGenFone Ltd. Co.'s or its service provider's or vendors'
negligence. Statements and descriptions concerning the Service or Device, if any, by LTDN NextGenFone Ltd. Co. or LTDN NextGenFone Ltd. Co.'s agents or installers are informational and are not given as a warranty of any
kind.
5.5 No Warranties, or Limited Warranties, for Devices
If Customer purchased the Device new from LTDN NextGenFone Ltd. Co. and the Device included a limited warranty at the time of purchase, Customer must
refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from LTDN NextGenFone Ltd. Co. at the
time of purchase, Customer agrees that it accepts its Device "as is" and that Customer is not entitled to replacement or refund in the event of any defect.
5.6 No Third Party Beneficiaries
No
provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
5.7 Content
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content
will at all times comply with all applicable laws, regulations and written and electronic instructions for use. LTDN NextGenFone Ltd. Co. reserves the right to terminate or suspend affected Services, and/or remove Your or
Users' content from the Services, if LTDN NextGenFone Ltd. Co. determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with LTDN NextGenFone Ltd. Co.'s ability to
provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. LTDN NextGenFone Ltd. Co.'s actions or inaction under this Section shall not constitute
review or approval of Your or Users' use or Content. You will indemnify and hold LTDN NextGenFone Ltd. Co. against any and all liability arising from the content transmitted by or to you or to Users using the
Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
6. GOVERNING LAW / RESOLUTION OF DISPUTES
6.1 Mandatory Arbitration
Any dispute or claim between Customer and LTDN NextGenFone Ltd. Co. arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by
arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall follow the plain meaning of the relevant
documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or
exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a
punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a
jury trial.
6.2 Governing Law
The Agreement and the relationship between you and LTDN NextGenFone Ltd. Co. shall be governed by the laws of the Commonwealth of Texas without regard to its conflict of law
provisions. You and LTDN NextGenFone Ltd. Co. agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Texas. The failure of LTDN NextGenFone Ltd. Co. to exercise
or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be
forever barred.
6.3 Entire Agreement
This Agreement and the rates for Services found on LTDN NextGenFone Ltd. Co.'s website constitute the entire agreement between you and LTDN NextGenFone Ltd. Co. and govern
your use of the Service, superseding any prior agreements between you and LTDN NextGenFone Ltd. Co. and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its
subject matter. No amendment to this Agreement shall be binding upon LTDN NextGenFone Ltd. Co. unless and until posted in accordance with Section 3 hereof.
6.4 Severability
If any part of this Agreement
is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this
Agreement.
7. PRIVACY
LTDN NextGenFone Ltd. Co. Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. LTDN NextGenFone
Ltd. Co. is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy at www.LTDN NextGenFone Ltd. Co..com for additional information.
8. CHANGES; NOTICES
Notice to Customer of any changes to the "Terms of Service" shall be considered given by posting to the "Service Announcements" section of the LTDN NextGenFone Ltd. Co. Web
Site. Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the LTDN NextGenFone Ltd. Co. Web Site and no further notice by LTDN NextGenFone Ltd. Co. is
required.
Last Updated: December 22, 2004
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