General Terms
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1. General
International Telnet Inc. ("we," "us," or "International Telnet Inc.") provides the user ("you," "End-User" or "Customer") with this Terms of Agreement ("Agreement") for the purpose of informing you of your rights and obligations in subscribing to and using International Telnet Inc.'s residential voice and multimedia communications services ("Residential" or "Family" or business voice and multimedia communications services "Business") and any related products or services ("Service").
This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device, ("Device" or "Equipment") used in conjunction with the Service. By signing up for, paying for, activating or using our digital telephony 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. If you have purchased Equipment from any International Telnet Inc. retail dealer, you will be deemed a "Retail Customer" and will be governed by Retail Customer terms and conditions as set forth herein and in the Retail Customer Terms of Agreement.
Our service is provided at our discretion. We can cancel it or take corrective action at anytime without prior notice and for any reason, including, but not limited to, your violation of any of these terms and conditions. We might change our terms and conditions from time to time.
2. Service
2.1. Term. Service is offered on a monthly basis for a term which begins from the 1st day of the month and ends the last day of the month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give International Telnet Inc. written notice of non-renewal. 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 cancellation fee, 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.
2.2 Residential use of Service and Device. If you have subscribed to International Telnet Inc.'s Family 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, telemarketing (including without limitation charitable or political solicitation or polling), 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 International Telnet Inc. 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 International Telnet Inc.'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. International Telnet Inc. reserves the right to immediately terminate or modify the Service, if International Telnet Inc. determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use.
2.3 Business use of Service and Device. If you have subscribed to International Telnet Inc.'s 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 International Telnet Inc. in advance. You agree that the International Telnet Inc. Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. 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 International Telnet Inc. in advance. International Telnet Inc. reserves the right to immediately terminate or modify the Service, if International Telnet Inc. determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities.
2.4 Lawful use of Service and Device.
2.4.1 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 International Telnet Inc.'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. International Telnet Inc. reserves the right to terminate your service immediately and without advance notice if International Telnet Inc., 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 cancellation fee, all of which immediately become due and payable and may at International Telnet Inc.'s discretion be immediately charged to your credit card. 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 provided to you and agree to indemnify and hold harmless International Telnet Inc. against any and all liability for any such use.
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Examples of system or network security violations include, but are not limited to:
1. Interception. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
2. Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system or broadcast attacks.
3. Falsification of Origin. Forging any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
4. Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services.
If International Telnet Inc., in its sole discretion believes that you have violated the above restrictions, International Telnet Inc. may forward the objectionable material, as well as your communications with International Telnet Inc. and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
2.4.2 Use of Service and Device by customers outside the United States. If you use the Device in a country other than the United States and use the Service from there, you do so at your own sole risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all such use of the Service and/or Device by yourself or any person making use of the Service or Device provided to you and agree to indemnify and hold harmless International Telnet Inc. against any and all liability for any such use. Should the use of the Device violate any export or import control law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless International Telnet Inc. against any and all liability for such violation. International Telnet Inc. reserves the right to terminate your Service immediately and without advance notice if it determines that you are using it outside the United States.
2.5 Loss of Service due to power failure or Internet service outage or termination or suspension or termination by International Telnet Inc.. You acknowledge and understand that certain services do not function in the event of power failure. You also acknowledge and understand that certain Services required a fully functional broadband connection to the Internet (which is not provided by International Telnet Inc.) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider (“ISP”) and/or broadband provider, the specific Service will not function, but that you will continue to be charged for the specific Service unless and until you terminates the specific Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the specific Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the specific Service. Should International Telnet Inc. suspend or terminate your specific Service. The specific Service will not function until such time as International Telnet Inc. restores the specific Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).
2.6 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 you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on International Telnet Inc.'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 International Telnet Inc. are and shall remain the exclusive property of International Telnet Inc. and nothing in this Agreement shall grant you the right or license to use any of 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 you 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. You expressly agree that the Device is exclusively for use in connection with the Service and that International Telnet Inc. will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by International Telnet Inc., which International Telnet Inc. 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 International Telnet Inc. against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
2.7 Tampering with the Device or Service or Reverse Engineering or Duplication : You agree not to change the serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from International Telnet Inc. in each instance which International Telnet Inc. may deny in its sole discretion. International Telnet Inc. 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 cancellation fee, all of which immediately become due and payable. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.
2.8 Theft of Service. You agree to notify International Telnet Inc. immediately, in writing or by calling the International Telnet Inc. Customer Support, 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. Until such time as International Telnet Inc. receives notice of the theft or fraudulent use, 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.
2.9 Return of Device and equipment. The Device/Equipment may be returned to International Telnet Inc. within twenty-one (21) days of the termination of Service to receive a credit for the (refer to section 4.6 of the Agreement regarding termination fees), provided: (i) you have retained, and return along with the Device/Equipment, proof of purchase and original packaging; (ii) contents are undamaged and in original condition, reasonable wear and tear excluded; (iii) all parts, accessories, documentation and packaging materials are returned; and (iv) equipment is returned with a valid return confirmation code obtained from International Telnet Inc. Customer Support. You are responsible for the cost and risk of return shipping of equipment. If you receive cartons and/or Devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact International Telnet Inc.'s customer care department immediately. To obtain a return confirmation code, you must contact supp929@inttel.net or 1-305-592-3070.
2.10 Service distinctions. You acknowledge and understand that the certain Services are not telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the Service offering provided by International Telnet Inc.. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies.
2.11 Ownership and risk of loss. You shall be deemed the owner of the Device/Equipment and bear all risk of loss of, theft of, casualty to or damage to the Device/Equipment , from the time it is shipped to you until the time (if any) when it is returned by you pursuant to Section 2.9 and has been received by International Telnet Inc.. This is a applicable to all equipment/devices that are leased or rented to you.
2.12 No 0+, 1-900, or x11 calling. International Telnet Inc.’s Service does not support “0+” calling (including without limitation collect, third party billing or calling card calling). International Telnet Inc. does not support “1-900” number calling or other similar services. International Telnet Inc.’s Service does not support “311,” “411,” “511,” “911” or other x11 services in any service areas. You agree to defend, indemnify, and hold harmless International Telnet Inc., 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 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 access emergency service personnel.
2.13 Billing Duration and Increments: Unless specified by a separate contract all calls will default to Minimum Billing Duration of 1 minute and Billing Increments of 1 min. Please check with us if you have any questions about your billing duration or increments ( supp929@inttel.net or use the support form on this website)
3. Changes to This Agreement
International Telnet Inc. may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the "Terms of Agreements" section of International Telnet Inc.’s website. Such changes will become binding on Customer, on the date posted to the International Telnet Inc. website and no further notice by International Telnet Inc. is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the device or equipment or service or packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device/equipment/Services.
4. Billing
4.1 Billing. You must provide us with a valid credit card number (MasterCard, Visa, Discover, American Express or any other issuer then-accepted by International Telnet Inc.) when the Service is activated. International Telnet Inc. reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise International Telnet Inc. at once. We will bill all charges, applicable taxes, usage-based charges and surcharges monthly in advance to your credit card, including but not limited to: activation fees, monthly Service fees, international usage charges, advanced feature charges, equipment purchases, cancellation fees and shipping and handling charges. International Telnet Inc. reserves the right to bill at more frequent intervals if the amount due at any time exceeds $50. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in a separate contract with you.
4.2 Billing disputes. You must notify International Telnet Inc. in writing within 7 days after receiving your invoice if you dispute any charges on that invoice or such dispute will be deemed waived. Billing disputes should be notified to the following address:
Customer Billing
International Telnet, Inc.
3007 Bird Avenue, Suite 7,
Miami, FL 33133
Email: supp929@inttel.net
Ph: 305 592 3070 Fax: 786 347 3444
4.3 Termination / discontinuance / downgrade of Service. International Telnet Inc. reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If International Telnet Inc. 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 or your acts or omissions that violate any acceptable use policy of International Telnet Inc. or of a third party provider to which International Telnet Inc. 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 the cancellation fee set forth in Section 4.6, all of which immediately become due and payable. If you want to downgrade the service at anytime, you are required to pay a one time $10 fee from your prepaid balance. If the balance in your account is not enough to cover this cost, we will charge this full amount from your credit card.
4.4 Taxes. You are responsible for, and shall pay, any applicable federal, state, provincial, 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 your 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 as set forth in this Agreement. If you are exempt from payment of such taxes, you shall provide International Telnet Inc. with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date International Telnet Inc. receives such certificate.
4.5 Cancellation fee. Customer will be charged a cancellation fee of one month term, if the cancellation is not performed before 30 days of the next billing cycle.The cancellation fee becomes due and payable immediately upon termination and will be billed directly to Customer's credit card. Customer is still required to contact International Telnet Inc. at supp929@inttel.net or 1-305-592-3070 to officially terminate the Service.
4.6 Payphone and international charges.If you make use of International Telnet Inc.’s toll free service feature or any toll free feature that may be offered by International Telnet Inc. in the future, you acknowledge and agree that International Telnet Inc. is entitled to recover from you any charges imposed on International Telnet Inc. by payphone owners or operators or international telephone owners or operators, either directly or indirectly through International Telnet Inc.’s suppliers in connection with toll free calls made to your number, or any charges imposed on International Telnet Inc. by its suppliers to recover such costs. International Telnet Inc. may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as International Telnet Inc. deems appropriate for the recovery of these costs.
4.7 Processing Charges. All transactions related to purchase of minutes that are processed on the website are charged a 3% processing fee. No processing fees are charged to payments made by check, mailed to our mailing address.
5. Warranty and Liability Limitations/ Indemnification
5.1 Limitation of liability.International Telnet Inc. shall not be liable for any delay or failure to provide services 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. Equipment, network or facility failure
2. Equipment, network or facility upgrade or modification
3. Equipment, network or facility shortage
4. Equipment or facility relocation
5. Service, equipment, network or facility failure caused by the loss of power to Customer
6. Outage of Customer’s ISP or broadband service provider
7. Act or omission of Customer or any person using the Service or Device or Equipment provided to Customer
8. Act or omission of an underlying carrier, service provider, vendor or other third party
9. Force majeure events such as (but not limited to) natural disasters, strikes, fire, war, riot, government actions, or
10. Any other cause that is beyond International Telnet Inc.'s control, including without limitation a failure of or defect in any Device or Equipment or Service, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or degradation of voice quality or software errors.
International Telnet Inc.'s aggregate liability for (i) any failure or mistake; (ii) any claim with respect to International Telnet Inc.’s performance or nonperformance hereunder or (iii) any International Telnet Inc. act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.
5.2 Disclaimer of damages. IN NO EVENT SHALL INTERNATIONAL TELNET INC., 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 DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO 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 INTERNATIONAL TELNET INC. WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
5.3 Indemnification. Customer agrees to defend, indemnify, and hold harmless International Telnet Inc., its officers, directors, employees, affiliates and agents and any other service provider who furnish services to Customer in connection with this Agreement or the Service or Equipment or Device, 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, or the Device or the Equipment. This paragraph shall survive termination of this Agreement.
5.4 No warranties on Service. INTERNATIONAL TELNET INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, INTERNATIONAL TELNET INC. DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER INTERNATIONAL TELNET INC. 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 INTERNATIONAL TELNET INC.'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 INTERNATIONAL TELNET INC.'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY INTERNATIONAL TELNET INC. OR INTERNATIONAL TELNET INC.'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
5.5 No warranties, or limited warranties, for Device and Equipment. If Retail Customer purchased the Device new from retailers, Retail Customer must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. If Customer's Device did not include a limited warranty from International Telnet Inc. or manufacturer 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, except that for Retail Customers only, International Telnet Inc. will provide a limited warranty on the Device as to manufacturing defects only for a period of 30 days from the date of purchase. This Retail Customer limited warranty shall not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, shall not apply to any defect caused by damage in transit, retailer handling or Retail Customer handling. Retail Customer’s sole remedy for any breach of this Retail Customer limited warranty is to obtain a repaired or replacement Device, by following the return procedures set forth in Section 2.9. Retail Customer must include with the returned Device a letter stating that the Retail Customer is returning the Device/Equipment for warranty repair or replacement and stating the nature of the defect. This Retail Customer limited warranty shall also apply in lieu of the limited warranty included with the Device if such included limited warranty is less favorable to Retail Customer than that contained herein. The same conditions apply for Devices/Equipments sold to Customer through the International Telnet Inc. Gateway Buyout Program. International Telnet Inc. provides no warranties or limited warranties for devices Customer owned prior to using International Telnet Inc. Service. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, INTERNATIONAL TELNET INC. MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE, DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET CUSTOMER’S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.
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 message, data, information, image, text or other material (collectively, "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. International Telnet Inc. reserves the right to terminate or suspend affected Services, and/or remove your or Users' Content from the Service, if International Telnet Inc. determines that such use or Content doer not conform with the requirements set forth in this Agreement or interferes with International Telnet Inc.'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. Such uses shall include, but shall not be limited to:
1. Content harmful or offensive to third-parties: Do not upload, download, post, distribute, publish, or otherwise transmit (collectively, "Disclose") any Content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise harmful or offensive to third parties
2. Unlawful Content: Do not disclose any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law
3. Infringing Content: Do not disclose any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party
4. Impersonation: Do not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity
5. Interference: Do not do anything to interfere with other users of Service
6. Unapproved promotions or advertising of goods or services: Without our prior written permission, do not disclose on the site any unsolicited promotions of goods or services, commercial solicitation or any advertising, promotional materials or any other solicitation of other users for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. Do not send “SPAM,” “junk mail” or other unsolicited transmittal of commercial messages.
7. Off topic Content: Do not disclose any Content that is off-topic according to the description of a group or list if such Content could reasonably be expected to provoke complaints from its recipients
8. Content harmful to other systems: Do not disclose harmful Content, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, or any other computer programming routines, that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
International Telnet Inc.'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 International Telnet Inc. 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 or Equipment provided to you.
6. Governing Law / Resolution OF Disputes
6.1 Mandatory arbitration. Any dispute or claim between Customer and International Telnet Inc. 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 arbitration shall take place in Miami, Florida and shall be conducted in English. 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 any class action of any kind in court or in 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 International Telnet Inc. shall be governed by the laws of the United States and the State of Florida, without reference to conflict of laws principles. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 6.1, you and International Telnet Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida and waive any objection as to venue or inconvenient forum. The failure of International Telnet Inc. 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 International Telnet Inc.'s website constitute the entire agreement between you and International Telnet Inc. and govern your use of the Service, superseding any prior agreements between you and International Telnet Inc. 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 International Telnet Inc. 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. Other Important Information
7.1 Billing International Telnet provides online billing. Upon signup, your credit card will be charged the Setup Fee and the first recurring Monthly Fee. All Setup and Monthly Fees are non-refundable. After the first billing cycle, your card will be charged a prorated monthly fee for that part of your first month as an active account. Thereafter, it will be charged monthly for usage, plus the next Monthly Fee, and any applicable taxes and government regulatory fees.
7.2 Account Details All details related to your account including payments, invoices, call details and support usage is available for you to view at any time by logging into your account with the username and password already provided.
7.3 Cancellation.If you wish to cancel service at any point in time, you must notify us 30 days ahead of the next billing cycle by email or fax only. There will be no refunds for any of the subscribed services, however If you terminate any service providing you with outbound or inbound minutes a direct refund will not be provided, instead a credit will be provided for other services that you may have or may require at a future date. DIDs may only be cancelled after a minimum of 2 months of service and any earlier cancellation of DIDs will require a payment towards the unused term.
7.4 Refunds. Refunds will be provided on purchases only if the product is not used (this has to be verified by us) and if requested within 14 days from the initial purchase. This is valid only for purchases made through credit card. There are no refunds provided on support or maintenance services.
8. Contact Information
If you have any questions, please feel free to contact Customer Support at supp929@inttel.net or Tel. # 1-305-592-3070
Support Terms
These terms are in addition to general terms stated above.
1. Maintenance and Support
1.1 Support Terms. This section of the contract is applicable to you if you have chosen to use us to provide support for your applications / servers / services.
Support time will be used for all instances of assistance email and/or phone. Programming support is billed at $250 per hour. Onsite support is billed at $300 per hour. Phone/Email Support is billed at $250/hour and will be deducted accordingly from the total support time available. Tickets are handled between 9AM and 9PM EST Monday to Friday. Time period excludes holidays. All charges and/or costs will be doubled for support on holidays and non-business hours. Support is billed in 30 minute increments.Tickets are handled between 9AM and 6PM EST Monday to Friday. Normal response time is between 2 to 4 hours. Response time and resolution time may vary depending on the nature of the issue. Support will be used in the event of restore from backup if the customer requires assistance in the restore process. General assistance or questions are construed as part of support and as such a minimum support block is used unless the questions or assistance needs additional time. Support is not related in the offering and neither offer any guarantee on the working of your application. These charges are not refundable or replaceable with any other service and/or offering. By making a payment you accept these terms. Support is a service for assistance and increased application availability.
1.2 Maintenance Terms. This section of the contract is applicable to you if you have chosen to use us to provide maintenance for your applications / servers / services.
Maintenance provides daily system backups (for a maximum of 14 days) and cleanup of logs, logwatch checks and status monitoring for network, disk, CPU and load average. You also agree to allow International Telnet to remotely monitor your server for changes in statistics of various aspects of the server. Maintenance does not guarantee that hardware or software will not crash and International Telnet bears no responsibility in the event of a hardware or software crash. However the maintenance does ensure that a backup is in place in the event of crash and restore is possible from the backup data used from the daily/weekly backup. Maintenance is not related in the offering and neither offer any guarantee on the working of your application. These charges are not refundable or replaceable with any other service and/or offering. By making a payment you accept these terms. Maintenance is service for assistance and increased application availability.
1.3 Storage and Security. This section applies for all hosted services or storage services and size may change based on your service type.
Data is stored on dedicated servers in our secure data center. Access to the data is allowed only through authenticated IP addresses. In addition to IP authentication a user name and password with access level of 9 is required to access sensitive/secure data. All data on your hosted service is backed up in cloud servers which use 2 factor authentication for storage and retrieval. The data includes database information and call recordings up to a maximum of 50GB. Database information is stored for a maximum of 14 days. Call recordings are stored for up to 1 year unless a separate plan for storage is purchased.
2. Rates. Support and Maintenance rates might change at different points in time. You will be notified and support usage going forward will be applied according to the rates in effect at that point in time.
3. Other Important Information
3.1 Account Details All details related to your account including payments, invoices, and support usage is available for you to view at any time by logging into your account with the username and password already provided.
3.2 Cancellation. If you wish to cancel service at any point in time, you must notify us by email or fax. No refund will be provided for credit remaining in the account.
4. Contact Information
If you have any questions, please feel free to contact Customer Support at supp929@inttel.net or Tel. # 1-305-592-3070