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Terms of Service

OctopusBusinessEnterprise User Agreement

This agreement ("Agreement") is between Packetel, Inc. ("we," "us" or "Packetel") and the user ("you", "user", "customer", "reseller", "affiliate", "referrer", "referee") of any Packetel's services ("Service"). This Agreement governs all Services. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. Packetel may change the terms of the Agreement from time to time.

1. Service


a. Term

Services are offered using subscription or prepaid basis. Subscription service term begins on the date that you purchase the Service and ends on the last day of subscription, unless renewed. Services which are related to prepaid voice services will expire in 12 months of inactivity, including but not limited to billing activities, or calling activities. All prepaid credit balances will expire in 12 months from the date of purchase.



b. Lawful Use of Service

Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising,) ,and you agree to use the Service only for lawful purposes. This means that you agree not to use our Services for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks 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 a civil liability, or otherwise violate any applicable local, state, national or international law.


You further agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (2) not to use the Services for any illegal purpose; (3) not to interfere with or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Services for chain letters, junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list. You further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another Customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services.


Packetel reserves the right to terminate your service immediately and without advance notice if you violate the above restrictions, leaving you responsible for the full charges to the end of the subscription, which immediately become due and payable.

2. Charges / Payments / Default / Taxes / Termination / Credit Card Billing Information


a. Billing

You must give us a valid credit card number when the Service is activated. If the card expires, or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Packetel at once. Billing alerts or reminders are sent as a courtesy. Packetel is not liable if you fail to renew your service due to inability of receiving billing alerts or reminders; you have to login to your account or contact our billing department to renew your subscription or pay any past due balance regardless.


You agree that Packetel may submit charges for such usage charges as and when such charges are incurred or by accumulating such charges (in the sole discretion of Packetel), without further authorization from you, until you provide prior notice (in accordance with Packetel’s cancellation and verification procedures, as may be established by the Packetel from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before the Packetel reasonably could act on your notice. If you are using the Services from certain locations, you may also incur charges levied by your Internet service provider, online service provider and/or long distance carrier to access Packetel.


Packetel is not responsible for additional fees charged relating to Packetel long distance or international calling service by your cellular or local telephone company.



b. Billing Disputes

You must notify Packetel in writing within 7 days after receiving your credit card statement if you dispute any Packetel charges on that statement. Packetel reserves the right to terminate the service upon notification of dispute by you, the credit card company or bank.



c. Payment

Packetel only accepts payments by credit card. Your initial use of the Service authorizes Packetel to charge the credit card account number on file with Packetel, including any changed information given Packetel if the card expires or is replaced, for Packetel charges that accrue during the billing cycle. This authorization will remain valid until 30 days after Packetel receives your written notice terminating Packetel's authority to charge your credit card. Packetel may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Packetel is declined or in case of any other non-payment of account charges. Termination of Service for declined card or non-payment leaves you FULLY LIABLE to Packetel for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by Packetel owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.



d. Termination/Discontinuance of Service

Packetel reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Packetel 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 (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, plus a disconnect fee, all of which immediately become due and payable.



e. Taxes

Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Packetel as a result of providing the Service or a Device will be billed to your account when imposed upon Packetel. If Customer is exempt from payment of such taxes, it will provide Packetel with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Packetel receives the Tax Exempt Document.



f. Credit Card Billing Information Storing Disclosure

Although our user and billing databases are designed to securely store all users and billing information using state of the art network security technology, you are advised that you are using our credit card billing information saving features at your own risk. You further understand that you have the choice to elect not to save your billing information to our database at all.

3. Ownership


TRADEMARK INFORMATION

Packetel , packetel.com , packetel.net , Packetel Long Distance Service , pTone , , Packetel Services , Packetel Turbo Meeting, Packetel Web Conferencing, Packetel Audio Conferencing and Packetel Voice Conferencing are trademarks of Packetel, Inc.


The absence of a name, domain names, trade names, service marks, copyrightable material or logo in the above list does not constitute a waiver of any and all intellectual property rights that Packetel, Inc. have established in any of their product, feature, or service names or logos.


All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising Packetel Service are wholly owned by Packetel, Inc. and/or its licensors and service providers except where expressly stated otherwise. You may not use Packetel’s trademarks, trade names, patents, copyrights or other intellectual property rights without Packetel’s prior written permission.

4. Customer Responsibility


You are responsible for notifying us of any changes in your email address by e-mailing us at support@packetel.com, and we may continue to use your previous e-mail address unless and until we have received your notice of address change.


You are fully responsible for the contents of your transmissions through the Services. Packetel simply acts as a passive conduit for you to send and receive information of your own choosing. However, Packetel reserves the right to take any action with respect to the Services that Packetel deems necessary or appropriate in its sole discretion if Packetel believes you or your information may create liability for Packetel, compromise or disrupt the Services for you or other customers, or cause Packetel to lose (in whole or in part) the services of Packetel's ISPs or other suppliers.


You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services; (b) maintain the security of your PIN number, login credentials, and other confidential information relating to your account and; (c) to the full extent permitted by applicable law, be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying Packetel of such use and taking steps to prevent its further occurrence.

5. Limitations


a. Limitation of Liability

Packetel shall not be liable for any failure to provide the Service, at any time or from time to time, or any degradation of voice quality, that is caused by any of the following:

  • 1.) act or omission of an underlying carrier or third party;


  • 2.) equipment, software, network or facility failure;


  • 3.) equipment, software, 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, software, network or facility shortage;


  • 6.) equipment, software or facility relocation;


  • 7.) service, equipment, software, network or facility failure caused by the loss of power to Customer; or


  • 8.) any other cause that is beyond Packetel's control, including without limitation the failure of an incoming or outgoing call to be connected or completed, or degradation of voice quality Packetel's liability for any failure or mistake shall in no event exceed Service charges on account of the affected time period. Packetel is not liable for incidental or consequential damages of any type.


IN ANY ACTIONS ARISING FROM THE ALLEGED BREACH OF THIS AGREEMENT, PACKETEL SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT OR OTHERWISE, EVEN IF PACKETEL HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE. ALL SERVICES PROVIDED BY PACKETEL ARE PROVIDED "AS IS". PACKETEL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR SERVICE WILL BE CORRECTED.



b. Indemnification

Customer agrees to defend, indemnify, and hold Packetel, its officers, directors, employees, shareholders, affiliates and agents and any other supplier and service provider who furnishes services to Customer in connection with this Agreement or the Service, harmless from and against all losses, expenses, costs, claims, including attorneys fees or damages by, or in the right of, Customer relating to this Agreement, the Services, or the Device, or asserted by any third party due to or arising out of your use of or conduct on the Service. This paragraph shall survive termination of this agreement.



c. No Warranties on Service

Packetel 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. Neither Packetel nor its vendors will be liable for unauthorized access to Packetel'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 Packetel's or its vendors' negligence. Statements and descriptions concerning the Service, if any, by Packetel or Packetel's agents or installers are informational and are not given as a warranty of any kind. Packetel cannot and does not guarantee or warrant that the files or email attachments available for downloading will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.



d. No Warranties, or Limited Warranties, for services and devices

If Customer purchased the Device new from Packetel 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 Packetel at the time of purchase, Customer agrees that it accepts its Unit "as is" and that Customer is not entitled to replacement or refund in the event of any defect.

6. Resolution of disputes


a. Mandatory Arbitration

Any dispute or claim between Customer and Packetel 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 San Jose, California in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators must be entered in the state and federal courts of Santa Clara County, California. 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. The arbitrator shall have no authority to award punitive damages. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.

7. Miscellaneous


Packetel utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Packetel 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.packetel.com for additional information.

8. Privacy and Notices


a. Privacy

Packetel utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Packetel 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.packetel.com for additional information.



b. Notices

Notices to Customer shall be sent to the email address on file for Customer at Packetel and will be considered given on the date sent by Packetel.

9. General


This Agreement shall be deemed to have been made in the State of California, and the provisions and conditions of this Agreement shall be governed by and interpreted in accordance with the substantive law of the State of California, without regard to conflict of laws provisions. Any dispute arising out of this Agreement shall be resolved in the state and federal courts in Santa Clara County, California, and each party hereby consents to the exclusive jurisdiction thereof. Packetel also reserves the right to seek compensation for any attorney fee incurred.


Should you have any questions concerning this Agreement, or if you desire to contact Packetel, Inc. for any reason, please contact: support@freedomtocall.com.


FreedomToCall User Agreement

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