Terms Of
Service_______________________________________________
Terms and Conditions for Use:
This agreement ("Agreement") is between
Christian Kingdom, LLC. ("we," "us" or "CallMe-Online.com") and the user
("you," "user" or "Customer") of CallMe-Online.com's Residential
(Residential 100, Residential 500, Residential 1000, Residential Unlimited,
Business Unlimited) communications services and any related services
("Service"). This Agreement governs both the Service and any devices, such
as a CallMe-Online.com Phone Adapter, CallMe-Online.com Router & Phone
Adapter, CallMe-Online.com WiFi Phone, CallMe-Online.com Multiline IP
Phone, or any other IP connection device provided by CallMe-Online.com for
use in conjunction with the Service ("Device" or "Equipment"). BY ENROLLING
IN, ACTIVATING, USING OR PAYING FOR THE SERVICES OR DEVICE, YOU ACKNOWLEDGE
THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS
IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND THAT YOU AGREE TO BE BOUND
BY ALL TERMS HEREIN. IF YOU HAVE NOT READ AND UNDERSTOOD THIS ENTIRE
AGREEMENT, AND DO NOT AGREE TO BE BOUND BY ITS TERMS, DO NOT USE THE
SERVICES OR DEVICE, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING
CallMe-Online.com VIA E-MAIL AT
billing@CallMe-Online.com AND STATING YOUR
NAME, ACCOUNT INFORMATION AND DESIRE TO CANCEL SERVICE.
1. SERVICE
1.1 Term
Service is offered on a monthly basis for a term which begins on the date
that CallMe-Online.com 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 CallMe-Online.com written e-mail 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, plus a disconnect fee
if applicable under the terms of this Agreement, all of which
immediately become due, payable, and chargeable to your credit card.
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 Equipment Requirements
The Service requires standard SIP based equipment which may be provided by
CallMe-Online.com or by the Customer on a BYOD (Bring Your Own Device) plan
pursuant to the terms of this Agreement. If you elect to provide your own
equipment, then you are solely responsible for maintaining it and ensuring
that it is compatible with the Service, and you agree that if it is not
compatible with, or properly configured for CallMe-Online.com,
CallMe-Online.com may terminate the Service in its sole discretion.
1.3.1 Residential Use of Service
If you have subscribed to CallMe-Online.com's Residential services, the
Service is provided to you as a single usage (user) residential plan, for
your own personal, residential, non-business and non-professional use. This
means that you agree not to use, and may not use, the Service for any
commercial activities, governmental activities, profit-making activities,
and/or non-profit activities, including but not limited to home office,
business, sales, tele-commuting, tele-marketing, auto-dialing, continuous or
extensive call forwarding, call relaying, fax broadcast, fax blasting and
any other activity that would be inconsistent with normal residential usage
patterns. This also means that you agree not to, and may not, sell, resell
or transfer the Service to any other person for any purpose, or make any
charge for the use of the Service, without the prior express written
permission from CallMe-Online.com. You agree that if CallMe-Online.com
determines in its sole discretion that you have used the Service, and/or
anyone else has used the Service for any activities and purposes prohibited
by this section it may immediately charge you CallMe-Online.com's higher
rates for its Business service for all periods, including past periods, in
which you use, or used, the Service for such prohibited activities together
with a US$100.00 administrative fee for same, and that CallMe-Online.com
may immediately charge such amounts on your credit card. CallMe-Online.com reserves
the right to immediately terminate and subject you to the
disconnect fee pursuant to Section 7.6 or modify the Service, if CallMe-Online.com
determines, in its sole discretion, that Customer's Service is being used
for such prohibited activities or in any other manner prohibited by this
Agreement. In addition to and without prejudicing or waiving any other
remedies that it is entitled to, CallMe-Online.com, after it has determined
in its sole discretion that you have violated this Section 1.3.1, may
retroactively charge you $.10 per minute for all US and Canadian calls made
since the activation of your account. Violations of this Section 1.3.1
regarding International calls will likewise be retroactively billed at the
then current published rates plus $.10 per minute. You agree that
any payment made to CallMe-Online.com pursuant to this section is made
as liquidated damages and not as a penalty, because it would be difficult if
not impossible to ascertain damages. In the event that CallMe-Online.com has
to take legal action to enforce the provisions of this section, the
prevailing party shall be entitled to its
reasonable expenses, including attorney?s fees, regardless of whether in
house or outside counsel is employed. If in house counsel is employed,
billing shall be at the rate of $300.00 per hour and billed in six minute
increments.
1.3.2 Business Use of Service
If you have subscribed to CallMe-Online.com's Business services, the Service
is provided to you as a business user. This means that you agree not to, and
may not, sell, resell or transfer the Service to any other person for any
purpose, or make any charge for the use of the Service, without the prior
express written permission from CallMe-Online.com. You agree that the
CallMe-Online.com Business Plan does not confer the right to use the Service
for auto-dialing, call center activities, continuous or extensive call
forwarding, call relaying, telemarketing, fax broadcasting or fax blasting,
and that
you may not use the Service for those purposes, without prior
written permission. CallMe-Online.com reserves the right to (1)
immediately terminate or modify the Service, and (2) charge an
administrative fee of US$100.00 per day of service during which Customer
engaged in prohibited activities, if CallMe-Online.com determines, in its
sole discretion, that Customer's Service is/was being used for
such prohibited activities or in any other manner prohibited by
this Agreement.
1.4 Prohibited Uses of Service
You agree to use the Service only for lawful purposes. You agree not to use
the Service for any unlawful purpose, including for example, using the
Service in a way that (1) interferes with our ability to provide Service to
you or other customers, or (2) avoids your obligation to pay for the
Services. You also agree not to use the Service for transmitting or
receiving any communication or material of any kind which would (1)
constitute a criminal offense, give rise to a civil liability, or otherwise
violate any applicable local, state, national or international law or (2)
encourage conduct that would constitute a criminal offense, give rise to a
civil liability, or otherwise violate any applicable local, state, national
or international law. CallMe-Online.com reserves the right to terminate the
Service immediately and without advance notice if CallMe-Online.com, 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, plus a
disconnect fee, all of which immediately become due, payable and chargeable
to your credit card. If CallMe-Online.com, in its sole discretion believes
that you have violated the above restrictions, CallMe-Online.com may forward
the objectionable material, as well as your communications with CallMe-Online.com
and your personally identifiable information to the appropriate authorities
for investigation and prosecution, and by using the Service you thereby
consent to such forwarding.
1.5 Use of Service and Device by Customers
Outside the United States
CallMe-Online.com allows use of the Service inside or outside of the United
States. However, if you use it outside the United States you do so at your
own risk. If you remove the Device to a country outside the United States
and/or use or attempt to use it there, you do so at your own risk, including
but not limited to the risk that such activity violates the laws of the
country where you do so, and/or violates the export laws of the United
States and/or the import laws of that other
country.
1.6 Loss of Service Due to Power Failure or Internet
Service/Broadband Outage
You acknowledge and understand that the Service does not function in the
event of power failure without a battery backup. 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 the Device and other equipment prior to using the Service.
You also acknowledge and understand that the Service requires a fully
functional broadband connection to the
Internet (which is not provided by CallMe-Online.com) and that, accordingly,
in the event of an outage of, or termination of broadband service with or by
your Internet service provider ("ISP") and/or broadband provider, the
Service will not function. If there is an interruption in the power supply
and/or an ISP/broadband outage, the Service will not function until the
power supply is restored and/or the ISP/broadband outage fixed. You will
continue to be billed for the Service during such failures, terminations
and/or outages unless and until you or CallMe-Online.com terminate the
Service in accordance with this Agreement.
1.7 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 CallMe-Online.com'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 CallMe-Online.com
are and shall remain the exclusive property of CallMe-Online.com and nothing
in this Agreement shall grant you the 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 in object code form (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. You
expressly agree that the Device is exclusively for use in connection with
the Service and that CallMe-Online.com will not provide any passwords, codes
or other information or assistance that would permit or enable you to use
the Device for any other
purposes. If you decide to use the Service through an interface device not
provided by CallMe-Online.com, which CallMe-Online.com 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 CallMe-Online.com against any and all liability
arising out of your use of such interface device with the Service. You agree
not to reverse compile, disassemble or reverse engineer or otherwise attempt
to derive the source code from the binary code of the firmware or software.
1.8 Tampering with the Device and Service
You agree not to change the electronic serial number, MAC or
equipment identifier of the Device without express permission from CallMe-Online.com
in each instance which CallMe-Online.com may grant or deny in its sole
discretion. CallMe-Online.com 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, plus a disconnect fee, all of which immediately become due
and payable. You agree not to attempt to make any use of the Service that is
inconsistent with its intended purpose.
1.9 Theft of Service or Device
You agree to notify CallMe-Online.com immediately, in writing or by calling
the CallMe-Online.com 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.
1.10 Number Transfer on Service Termination
CallMe-Online.com may, solely at the Company's discretion, release
any telephone number that was ported in to CallMe-Online.com by you and used
in connection with your Service 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; (ii) your CallMe-Online.com account is completely
current including payment for all charges and disconnect fees; and (iii)
you request the transfer upon terminating your account. CallMe-Online.com may
not transfer or release telephone numbers that it has assigned for use in
conjunction with your Service.
1.11 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 CallMe-Online.com. Some, but not all, of these
distinctions are described in this Agreement. The Service is subject to
different regulatory treatment than telephone
service. This treatment may limit or otherwise affect your rights of redress
before Federal and State telecommunications regulatory agencies or judicial
forums.
1.12 No 900 Calls
The Service does not permit calls to 900 numbers or other
pay-per-call services.
1.13 No Operator Service
The Service does not support calls to operator services.
1.14 No Collect Calls
The Service does not support collect calls.
1.15 Directory Assistance
You agree that calls to Directory Assistance (411, 1-XXX-555-1212) excluding
toll-free Directory Assistance (1-8---555-1212) will incur a US $0.99 per
call charge.
2. Emergency Services - 911 And E911 Dialing
You acknowledge and understand that the service does not function the same
as traditional 911 and E911 services. You understand that we will send your
billing information to 911 and E911 service providers unless you provide a
different number. If you travel with your device, 911 and E911 may not be
available.
3. INDEMNIFICATION
THE TERM "CallMe-Online.com" AS USED IN THIS SECTION SHALL MEAN Christian
Kingdom, LLC. AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS
AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES
TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
YOU ARE LIABLE FOR ANY AND ALL USE OF THE SERVICE AND/OR DEVICE BY YOURSELF
AND BY ANY PERSON MAKING USE OF THE SERVICE OR DEVICE, AND YOU AGREE TO
DEFEND, INDEMNIFY AND HOLD HARMLESS CallMe-Online.com AGAINST ANY AND ALL
LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS AGREEMENT. YOU
AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CallMe-Online.com FROM ANY AND
ALL CLAIMS AND/OR LIABILITY FOR DAMAGES, PERSONAL INJURY, DEATH, FINES,
PENALTIES, COSTS, EXPENSES, LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY
DAMAGE, ATTORNEYS? FEES, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND
NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO
USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, THE
INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL,
THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE
PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF
AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE,
AND/OR THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE AGREEMENT.
4. LIMITATION OF LIABILITY
THE TERM "CallMe-Online.com" AS USED IN THIS SECTION SHALL MEAN Christian
Kingdom, LLC. AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS
AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES
TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
IN NO EVENT SHALL CallMe-Online.com BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS,
RELATING TO OR ARISING OUT OF THE SERVICE, THE USE
OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF
THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE
PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE
PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR
INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS
AGREEMENT. NOR SHALL CallMe-Online.com BE LIABLE FOR ANY DELAY OR FAILURE TO
PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO
TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY
ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF
AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT,
NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE,
SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE
EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES,
FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE,
EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR
INTERNET SERVICE TO CallMe-Online.com OR CUSTOMER, AND ANY CAUSE THAT IS
BEYOND CallMe-Online.com?S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE
OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO
BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE
QUALITY. CallMe-Online.com SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO CallMe-Online.com?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 CallMe-Online.com?S NEGLIGENCE OR
OTHER ACTS OR OMISSIONS. CallMe-Online.com?S LIABILITY FOR ANY ACT OR
OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE
AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS
FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY,
TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY WHETHER OR NOT CallMe-Online.com
WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER,
YOU AGREE TO REIMBURSE CallMe-Online.com FOR ALL COSTS AND EXPENSES RELATED
TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS? FEES AND LITIGATION
COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT
OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL,
THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST CallMe-Online.com
TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. THIS SECTION SHALL SURVIVE THE
AGREEMENT.
5. WARRANTIES
THE TERM "CallMe-Online.com" AS USED IN THIS SECTION SHALL MEAN Christian
Kingdom, LLC. AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS
AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES
TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
CallMe-Online.com MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE
OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR
PURPOSE. CallMe-Online.com DOES NOT WARRANT
THAT THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE,
DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF
CONTENT, DATA OR INFORMATION. CallMe-Online.com DOES NOT AUTHORIZE
ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR
REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD
NOT RELY
ON ANY SUCH STATEMENT. IF CUSTOMER PURCHASED THE DEVICE NEW FROM CallMe-Online.com
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 SUCH WARRANTY. IF CUSTOMER?S DEVICE DID NOT
INCLUDE A LIMITED WARRANTY FROM CallMe-Online.com AT THE TIME OF PURCHASE,
CUSTOMER AGREES THAT IT ACCEPTS THE DEVICE "AS IS" AND THAT CUSTOMER IS NOT
ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. THE PROVISIONS
OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT
IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN
THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST CallMe-Online.com
TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
6. CHANGES TO THIS AGREEMENT
CallMe-Online.com may change the terms and conditions of this Agreement from
time to time. Changes to this Agreement supercede all previously agreed to
electronic and written Terms and Conditions. IF YOU CONTINUE TO BE ENROLLED
IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES,
AND/OR TERMS AND CONDITIONS HAVE BEEN MADE, YOU AGREE TO THE CHANGES.
Notices will be considered given and
effective on the date posted on the CallMe-Online.com website at www.CallMe-Online.com.com/terms
and/or the date we notify you of changes by the following: email at the
address provided by you, postcard, letter, recorded announcement, message on
your bill, an insert in your bill, newspaper ad, or a call to your billed
telephone number, whichever occurs first.
7. CHARGES / PAYMENTS / DEFAULT / TAXES /
TERMINATION
7.1 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 CallMe-Online.com at once by changing your credit card information in
your account portal. We will bill all charges monthly to your credit card,
including but not limited to: activation fees, monthly Service fees,
surcharges, applicable taxes, disconnection fees, international usage
charges, advanced feature charges, equipment purchases and shipping and
handling charges. CallMe-Online.com reserves the right to bill at more
frequent intervals if the amount due at any time exceeds US$25.00.
7.1.1 ?One Time Use? or Disposable Credit Cards
CallMe-Online.com strictly prohibits the use of ?one time use? or disposable
credit cards. If you use such a card to activate the CallMe-Online.com
Service and such use results in CallMe-Online.com not being able to collect
charges for the Service, you will be subject to a $500.00 fee as liquidated
damages and not as a penalty, plus any reasonable in-house or outside
counsel attorney?s fees incurred by CallMe-Online.com to collect such unpaid
charges and liquidated damages.
7.2 Billing Disputes
You must notify CallMe-Online.com in writing within seven (7) days after
receiving your credit card statement or from the time funds are debited from
your CallMe-Online.com Master Account if you dispute any CallMe-Online.com
charges on that statement or that have been debited from your
CallMe-Online.com Master Account, or such dispute will be deemed waived.
Notification of all billing disputes shall be sent to the following address:
Customer Care Billing Department, Christian Kingdom, LLC. , 4741 Trump
Drive, Indianapolis, IN 46235 or
billing@CallMe-Online.com.
7.3 Payment
CallMe-Online.com only accepts payments by credit card. Your initial use of
the Service authorizes CallMe-Online.com to charge all amounts due
CallMe-Online.com as stated in the Agreement on the credit card account
number on file with CallMe-Online.com, or on any other credit card provided
by Customer if the original card expires or is replaced. This authorization
will remain valid until 30 days after CallMe-Online.com receives your
written notice terminating CallMe-Online.com's authority to charge your
credit card. CallMe-Online.com may terminate your Service at any time, in
its sole
discretion, if any charge to your credit card on file with CallMe-Online.com
is declined or reversed, if your credit card expires and you have not
provided CallMe-Online.com with a new valid and approved credit card, or in
case of any other non-payment of account charges. Termination of Service for
a declined or expired credit card, reversed charges or non-payment leaves
you fully liable to CallMe-Online.com for all charges accrued before
termination and for costs incurred by CallMe-Online.com to collect all
monies owed by Customer, such as (but not limited to) collection costs and
in house
or outside attorneys? fees as defined is Section 1.3.1. CallMe-Online.com
may make billing adjustments for the Service
retroactively for a period of one hundred eighty (180) calendar days after
the date a Service is rendered if they are made within two (2) months of
CallMe-Online.com?s receipt of any invoice for the payment of additional
fees and charges imposed by law.
7.4 Termination/Discontinuance of Service
CallMe-Online.com reserves the right to suspend or discontinue providing the
Service generally, or to terminate your Service, at any time in its sole
discretion. If CallMe-Online.com discontinues providing the Service
generally, or terminates or suspends 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 or suspended for any stated reason,
including without limitation, violation of any terms 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
or your acts or omissions that violate any acceptable use policy of CallMe-Online.com
or of a third party provider to which CallMe-Online.com is subject), 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
if applicable, all of which immediately become due, payable and chargeable
to your credit card.
7.5 Taxes
Customer is responsible for, and shall pay any applicable federal, state,
municipal, local or other governmental sales, use, excise, Universal Service
Fees, value-added, personal property, public utility and other taxes, fees
and 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 credit card. If Customer is exempt from payment
of such taxes, it will provide CallMe-Online.com with an original
government-issued
certificate attesting to tax-exempt status. Tax exemption will only apply
from and after the date CallMe-Online.com receives such certificate.
7.6 Disconnect Fee
Customer will be charged a disconnect fee of US$49.95 per voice line upon
termination of Service for any reason or for convenience of Customer, unless
(1) the Customer is eligible for waiver of the fee pursuant to the terms of
the Money Back Guarantee as provided in this Agreement, (2) the Customer
used their own equipment on a BYOD plan (3) if the Customer purchased the
Device from a CallMe-Online.com authorized retailer or agent and did not
redeem a rebate for same, (4) the Customer is eligible for a credit for the
voice line pursuant to Section 7.7 of this Agreement, or (5) the Customer
used the Service for more than twelve (12) consecutive months in accordance
with the terms of this Agreement and has fully paid for such Service.
The disconnect fee becomes due and payable immediately upon termination and
will be billed directly to Customer's credit card.
7.7 Return of Device
A Device may be returned to CallMe-Online.com within fourteen (14) days of
the termination of Service to receive a credit for the $49.95 disconnect fee
for the voice line or lines assigned to that Device provided that the
Customer first returns the Device and all of its parts, accessories,
documentation, packaging, and packaging materials in an undamaged and
original condition. CallMe-Online.com will not credit Customer if the Device
is damaged or not in its original condition as received by the Customer or
if Customer does not fully comply with this Section. If Customer initially
receives packaging and/or a Device that is visibly damaged, Customer agrees
to note the damage on the carrier's freight bill or receipt, keep a copy,
and immediately notify CallMe-Online.com by email at billing@CallMe-Online.com.com.
Keep the Device and the original packaging, packing materials and parts
intact and contact CallMe-Online.com's customer care department immediately.
7.8 Money Back Guarantee; Limitations and
Conditions
CallMe-Online.com offers a hassle free 30-day money back guarantee from the
date of activation of your Service. The money back guarantee applies only to
the first-ordered line, not to additional or secondary lines. Under the
terms of the Money-Back Guarantee, CallMe-Online.com will refund the
activation fee, the monthly charge for the first month of Service and waive
the disconnect fee provided that:
A. you have not exceeded 250 minutes of in-plan usage;
B. you cancel your Service within the applicable period;
C. you return any issued CallMe-Online.com Device to us in
original condition, normal wear and tear excluded, within 14 days after
the cancellation of your Service;
D. the Device is returned in the original packaging with the bar
code intact and is accompanied by all components, cables,
accessories, parts, manuals, and other documentation;
E. you have not previously exercised the CallMe-Online.com 30-day money
back guarantee and obtained a refund from CallMe-Online.com as a result of
any other CallMe-Online.com account, and prior to returning the Device to
us, you obtain a valid return authorization number from our customer care
department, which can be reached at
billing@CallMe-Online.com.
CallMe-Online.com B.Y.O.D. accounts will be issued a refund upon
valid cancellation notification. Shipping and handling charges cannot
be refunded. You will be responsible for any charges for out of plan usage,
CallMe-Online.com toll free numbers, out of plan toll free minutes, premium
features, and directory assistance. We reserve the right to terminate or
revoke this money back guarantee at any time, without prior notice. The
Money Back Guarantee will not be honored if the Customer fails to meet all
above requirements.
8. 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. CallMe-Online.com reserves the right to terminate or suspend affected
Services, and/or remove your or Users' content from the Services, if
CallMe-Online.com determines that
such use or content does not conform with the requirements set forth in this
Agreement or interferes with CallMe-Online.com'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. CallMe-Online.com'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 harmless
CallMe-Online.com 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.
9. RESOLUTION OF DISPUTES BY BINDING
ARBITRATION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION
PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION
BEFORE A NEUTRAL ARBITRATOR INSTEAD OF BY A JUDGE, JURY, OR CLASS ACTION
LAWSUIT. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL
OR STATE REGULATORY AGENCY. THIS SECTION DOES NOT APPLY TO RESIDENTS OF
CALIFORNIA.
9.1 Mandatory Binding Arbitration
All disputes arising out of or related to this Agreement, the Service and/or
the Device (whether based in contract, tort, statute,
fraud, misrepresentation, or any other legal or equitable theory) must
be resolved by final and binding arbitration. This includes any
dispute based on any Device, Service, advertising or otherwise having
a connection to this Agreement. The arbitration will be conducted by
one arbitrator using the procedures described by this Section. If any
portion of this Resolution of Disputes by Binding Arbitration Section is
determined to be unenforceable, then the remainder shall be given full force
and effect.
The arbitration of any dispute shall be conducted in accordance with the
American Arbitration Association?s ("AAA") Supplementary Procedures for
Consumer-Related Disputes, as modified by this Agreement, which are in
effect on the date a dispute is submitted to the AAA. To the extent that
such procedures differ from this Agreement, this Agreement shall govern to
the fullest extent permitted by law. You have the right to be represented by
counsel in an arbitration. In conducting the arbitration and making any
award, the arbitrator shall be bound by and strictly enforce the terms of
this
Agreement and may not limit, expand, or otherwise modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A
DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS WIDE BASIS. THE
ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY
NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS? FEES. YOU AND CallMe-Online.com
BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS
AGREEMENT.
In the event that a dispute arises out of this Agreement, the prevailing
party shall be entitled to its reasonable expenses,
including attorney?s fees, regardless of whether in house or outside counsel
is employed. If in house counsel is employed, billing shall be at the rate
of $300.00 per hour and billed in six minute increments.
9.2 Arbitration Information and Filing
Procedure
Before you take a dispute to arbitration or to small claims court, you must
first write to us at Christian Kingdom, LLC., 4741 Trump
Drive, Indianapolis, IN 46235 and give us an opportunity to resolve
the dispute. Similarly, before CallMe-Online.com takes a dispute
to arbitration, we must first attempt to resolve it by contacting you.
9.3 Time for Filing Claims
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 year after such claim or cause of action
arose or be forever barred.
10. GOVERNING LAW
This Agreement and the relationship between you and CallMe-Online.com shall
be governed by the laws of Indiana without regard to its conflict of law
provisions.
11. ENTIRE AGREEMENT
This Agreement and any modifications to it pursuant to Section 6, and the
rates for Services found on CallMe-Online.com's website, constitute the
entire agreement between you and CallMe-Online.com and govern your use of
the Service, superseding any prior agreements between you and
CallMe-Online.com and any and all prior or contemporaneous statements,
understandings, writings, commitments, or representations concerning its
subject matter. No changes to this Agreement shall be binding upon either
you or CallMe-Online.com unless they are made pursuant to Section 6.
12. 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.
13. PRIVACY
CallMe-Online.com Service utilizes, in whole or in part, the public Internet
and third party networks to transmit voice and other communications. You
acknowledge and understand that CallMe-Online.com cannot guarantee that
voice over IP communication is completely secure. You agree that
CallMe-Online.com may access all features of your account and the Services
to determine whether the Services are being used fraudulently and/or in
violation of this Agreement, and for
any other purposes. YOU AGREE THAT CallMe-Online.com SHALL NOT BE LIABLE FOR
ANY LACK OF PRIVACY. Please refer to our Privacy Policy at www.CallMe-Online.com
for additional information.
14. ASSIGNMENT
CallMe-Online.com may assign all or part of its rights or duties under the
Agreement without notifying you. If we do that, we have no
further obligation to you. You may not assign the Agreement or the Service
or Device without our prior written agreement.
15. NO THIRD PARTY RIGHTS
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.
16. SURVIVAL
The provisions of this Agreement relating to indemnification, limitations on
liability, warranty limitations and disclaimers, resolution of disputes,
billings and your obligation to pay for the Service provided and any
additional usage charges, shall survive the termination of the Agreement and
the termination of the Service.
