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TERMS OF USE |
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These Terms of Use ("TOU") constitute the agreement ("Agreement") between Cell Long Distance Inc. (Cell Long Distance) and you ("visitor," "partner," "subscriber," or "investor"), pertaining to Cell Long Distance's proprietary telecom network, services, telephony products, and website or other marketing tools. By reading these TOU or using our network or products or services, you, the Subscriber, acknowledge that you are of legal age to enter into a service agreement with Cell Long Distance and that you have read and fully understood the terms and conditions outlined in the TOU. Cell Long Distance Website All information on the Cell Long Distance website including partner and investor information, white papers, and information about Cell Long Distance's technology is deemed the copyright of Cell Long Distance, Inc. and is proprietary to Cell Long Distance. No part of this information may be reproduced, disseminated, or sold in any form without the express written consent of Cell Long Distance, Inc. Cell Long Distance reserves the right to update the "Terms of Use" at any time without prior notification to parties external to Cell Long Distance. Cell Long Distance also reserves the right to update web content or typographical errors at any time without notifying any external party. While the information on this website is current and updated regularly, neither Cell Long Distance nor its partners, investors, and suppliers are liable for direct or indirect losses resulting from the use or citation of information on this website. Cell Long Distance reserves the right to update these TOU at any time with no prior notification to any party external to Cell Long Distance. These TOU were last updated on June 22nd, 2009. I. Copyright Notice Copyright © 2007. Cell Long Distance, Inc. The copyright for any and all content residing on this website rests with Cell Long Distance, Inc. Content on this website may only be used for informational and evaluation purposes. Any misuse, misrepresentation, or reproduction of the information on this website is subject to legal action. Furthermore, the use of Cell Long Distance-patented technology in similar products is prohibited by law and will lead to serious legal consequences. Potential partners evaluating Cell Long Distance's services may use excerpts of information from Cell Long Distance's website in their internal collateral provided all of the following conditions are met: The information is for internal evaluation purposes only and is not circulated beyond a restricted group of stakeholders. Written permission is obtained from Cell Long Distance, Inc. The information shared contains the following byline, "The copyright for this information rests with Cell Long Distance, Inc. This information is for evaluation purposes only. Internal circulation of this content has been validated and approved by Cell Long Distance. It is prohibited to discuss, circulate, or reproduce any content proprietary to Cell Long Distance. Doing so makes you subject to prosecution, as an individual and an organization." II. Unlawful Use of Information The information on this site may not be used in a manner that constitutes damage, misrepresentation, fraud (including hacking), or unlawful use (including crime, identity theft, or intellectual property theft). Cases of unlawful use are subject to severe legal action. Cell Long Distance's Services and Products Cell Long Distance offers a telecom network for cell phone long distance. The overall framework is comprised of a network, administrative/configurable components, and software. Every product or service obtained from Cell Long Distance is governed by Cell Long Distance, the Canadian Radio Telecommunication Corp. (CRTC), and contracts specific to the service or product. Neither Cell Long Distance nor its partners, suppliers, or investors are liable for losses resulting from services or products provided by Cell Long Distance. You acknowledge that if you make a payment for a service where the end user of the telephone service is a different user, you will share these TOU and all relevant partner legal notices with the actual end user. The Subscriber has the ultimate liability for any services consumed on the Subscriber's account, be they by the Subscriber himself or herself or others on phone numbers registered on the Subscriber's account. I. The Service The service can be used to place the following types of calls: domestic consumer calls and outbound international calls from Canada to over 200 locations around the world. Service cannot be used to place 500, 700, 800, 888, 877, 866, 855, 900 or 976 number service calls, or to place certain operator-assisted calls such as third-party-billed and collect calls. Directory assistance rates are $2.00 per call. Call times are billed in 1-minute increments; partial minutes used are charged as full minutes. The Subscriber is responsible for all calls made from the total set of phone numbers registered on the Subscriber's account. Post-Paid Service which includes the pay as you go mobile plan. Cell Long Distance shall debit the Subscriber's account on a monthly basis for service value consumed during the preceding service billing period. Pre-Paid or Unlimited Service. Cell Long Distance shall debit the Subscriber's account at the beginning of a monthly service period for the fixed Pre-Paid or Unlimited Service amount. Usage of services consumed above and beyond that covered in the Pre-Paid or Unlimited service package will continue to be billed as in the Post-Paid Service case, on a monthly basis at the end of the monthly service period. Cell Long Distance reserves the right to debit the Subscriber's account in less than monthly intervals if the subscriber's service value during the sub-interval exceeds $30. Cell Long Distance reserves the right to change all fee schedules and plan terms at any point with notice to impacted Subscribers. The Subscriber or Cell Long Distance may cancel the Subscriber's service at any point through a written or email notice to the other party. Cell Long Distance will settle the customers account within 7 business days of the cancellation. The account settlement shall consist of a debit or credit directly to the customer's registered payment mechanism of the net of the pro-rated outstanding value of any Pre-Paid Service amounts less the outstanding consumed value of Post-Paid service amounts. II. Fair Use of Services By signing up for the long distance service directly with Cell Long Distance, or thru an authorized partner, you hereby acknowledge that: The service will only be used by a single individual per registered phone number and that the service will not be shared, sold, or transferred, through either manual or automated means, to any party without the express written permission of Cell Long Distance or its partners. The Subscriber or anyone using phone numbers registered on the Subscriber's account will not use the service for unlawful or inappropriate activities (including threats, harassment, impersonation, identity theft, and privacy-invasion). Any unlawful use is subject to severe legal action. In addition, you will be responsible for all fees and damages resulting from unlawful conduct. Cell Long Distance and its partners reserve the right to immediately terminate services or contracts with individuals found to be violating these TOU or for any other reasons that Cell Long Distance sees fit. III. Limited Liability THIS WEBSITE/INFORMATION IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY. Cell Long Distance, FOR ITSELF, ITS DIRECTORS, OFFICERS, EMPLOYEES AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE WEBSITE, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. CELL LONG DISTANCE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF Cell Long Distance HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IV. Indemnification You agree to indemnify, defend and hold Cell Long Distance, its affiliates and any of its and their directors, employees, advisors, suppliers, advertisers, agents or sponsors harmless from and against any and all claims, damages, losses, costs (including, without limitation, reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms; (ii) your violation of the undertaking, representation and covenants mentioned above; and/or (iii) your activities in connection with this Website. V. Geographic Nature of Service If a nomadic user, you acknowledge that you are aware that the quality and availability of cell phone services might be affected by your geographical location and may impact call quality beyond Cell Long Distance's control. You also acknowledge that your mobile service provider may also bill you for long distance charges to call an Cell Long Distance access number if you are outside of the your mobile service provider's local calling area for said Cell Long Distance access number. Cell Long Distance Privacy Statement All information and services are bound by Cell Long Distance's Privacy Statement. Please ensure you read the Privacy Statement on this website before signing up for any services or purchasing any products. Procedure for Claims Contact contact@CellLongDistance.com in the event of claims related to copyrights. Any copyright-related disputes will be settled in the Canadian courts. Contact Contact contact@CellLongDistance.com or any questions about the Terms of Use or Privacy Statement, or to obtain the most current information about Cell Long Distance policies. |
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