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Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com. User Agreement
THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING USE OF NETPHONE2PHONE.COM, TALKBYPC.COM, INFOLINKTEL.COM
AND INFOLINKNETWORKNETWORK.COM SERVICE AND YOUR RELATIONSHIP WITH NETPHONE2PHONE.COM, TALKBYPC.COM, INFOLINKTEL.COM AND
INFOLINKNETWORKNETWORK.COM. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING
YOUR RIGHTS AND OURS.
This agreement ("Agreement") (including the General and Specific Terms set forth below) contains all of the
terms and conditions between Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com.
("we," "us," "our" or "Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com") and you
and govern the use of the services offered at the Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and
InfoLinkNetwork.com web site (the "Services"). You are deemed to have accepted this Agreement upon the
earlier of: (a) your submission of an online registration; (b) your accepting the Terms of Service electronically
during the course of installing the Software. If you do not agree to any of the terms
set forth herein, you may not use the Service.
I. GENERAL TERMS:
1. Term
2. Residential Use of Service
3. Business Use of Service - Prohibition on Resale
4. Lawful and Moral Use of Service
5. Power Failure and Outages
6. Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
7. General Terms
8. Use of Service and Devise
9. Fees for Unauthorized Use
10. Services
11. Eligibility
12. Links and Account Information
13. COPPA Compliance
14. Refund Policy
II. SPECIFIC TERMS AND CONDITIONS
1. Paid Service
2. Short Form Emergency Services, E911 and 911
3. "900 Numbers"
4. Directory Assistance
5. Theft
6. Service Termination
7. Refunds for interrupted or incomplete calls
8. Privacy
9. Release
10. Information Provided by Users
11. Your Information
12. Your Information (or any items or contents listed therein)
13. Billing and Payment Policy
14. Late Payments/Disputes
15. Notices
16. No Liability
17. Indemnification
18. Community Areas
19. Modification of the Terms of this Agreement
20. Term of Agreement
21. Intellectual Property Rights
22. Notice of Trademark Rights
23. Copyright Complaints and Copyright Agent
24. Limited License
25. Modifications to the Site
26. Privacy
27. User account, password and security
28. No Agency
29. Disclaimer of Warranties
30. Limitation of Liability
31. Arbitration
32. General Provisions
33. Miscellaneous
Term
Service is offered on a monthly basis for a term which begins on the date of download that Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.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 Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com written notice of non-renewal at least ten (10) days before
the end of the monthly term in which the notice is given. You are purchasing the Service for full
monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term,
you will be responsible for the full month's charges to the end of the then-current term, including
without limitation unbilled charges all of which immediately become due and payable. Expiration of
the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges
due in relation to the Agreement.
Residential Use of Service
If you have subscribed to a Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and/or
InfoLinkNetwork.com Residential Plan, the Service is 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 to any other person for any purpose,
or make any charge for the use of the Service, without express written permission
from Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com in
advance. You agree that your use of the Service, or the use of the Service provided
to you by any other person for any commercial or governmental purpose will obligate
you to pay Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
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. Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com reserves the right to immediately
terminate or modify the Service, if Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and
InfoLinkNetwork.com determines, in its sole discretion, that Customer's Service is being
used for non-residential or commercial use.
Business Use of Service - Prohibition on Resale
If you have subscribed to Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com Business Plan, the Service is provided to you as a
small business user. This means that you are not to resell or transfer the
service to any other person for any purpose, without express written
permission from Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and
InfoLinkNetwork.com in advance. You agree that the Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com Business Plan does
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.Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and
InfoLinkNetwork.com reserves the right to immediately terminate or
modify the Service, if Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com determines, in its sole discretion, that Customer's
Service is being used for any of the aforementioned activities.
Lawful and Moral Use of Service
Prohibited Uses
You agree to use the Service only for lawful and morally acceptable purposes. This means that you
agree not to use them for transmitting or receiving any communication or
material of any kind which in Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com 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. You will
not use the Service for any purpose that is abusive, intrusive on another's
privacy, harassing, libelous, defamatory, threatening or hateful, or in any
other way that would violate any applicable governmental law. Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com reserves the right to terminate
your service immediately and without advance notice if Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.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, all of which
immediately become due and payable and may at Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com's discretion be immediately charged to your credit card. You are liable
for any and all use of the Service by yourself and by any person making use of the Service
provided to you and agree to indemnify and hold harmless Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com against any and all liability for any such use.
If Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com, in its sole
discretion believes that you have violated the above restrictions, Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com may forward the objectionable
material, as well as your communications with Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com and your personally identifiable information to the appropriate
authorities for investigation and prosecution and you hereby consent to such forwarding.
Power Failure and Outages
Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension
or Termination by Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
You acknowledge and understand that the Service does not function in the event of
power failure. You also acknowledge and understand that the Service requires a
fully functional connection to the Internet (which is not provided by Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com) and that, accordingly, in the
event of an outage of, or termination of service with or by, your Internet service provider
("ISP"), the Service will not function, but that you will continue to be billed for the Service
unless and until you or Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
terminate the Service in accordance with this Agreement. Should there be an interruption in the
power supply or ISP outage, the Service will not function until power is restored or the ISP outage
is cured. Should Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com suspend
or terminate your Service, the Service will not function until such time as Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com restores your Service (which may require payment of all
invoices owed by you or cure of any breach by you of this Agreement).
Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and any software used to provide the Service or provided to you in conjunction with
providing the Service, and all Services, information, documents and materials on Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com 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 Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com are and shall remain the
exclusive property of Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com 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 software used to provide the Service
or provided to you in conjunction with providing the Service, other than a nontransferable,
revocable license to use such software in object code form (without making any modification thereto)
strictly in accordance with the terms and conditions of this Agreement. You shall not reverse
compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the
binary code of the software.
General Terms
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com owns and operates a
Voice over IP based phone service ("Service") and related web Site. The Service and Site are
provided to Customers according to this Agreement. The Agreement applies to the Service, Site
and any devices utilized, such as an IP Phone.
By activating the Service you will affirm:
You understand and intend that the Agreement is a legally binding agreement
equivalent to a signed, written contract;
You will use the Service in a manner consistent with all applicable laws and
regulations and in accordance with the terms of this Agreement and any other
applicable rules or conditions that govern the use of the Service as they may
be amended from time to time.
Use of Service and Devise
The following requirements apply to the use of our Services:
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
offers the Service only to consumers located in the United States and Canada. While
the Service may be used to make and receive international calls, we do not
represent that the use of the Service is appropriate in locations outside the
United States. If you choose to use the Service from outside the United States and Canada,
you are responsible for compliance with any and all governing foreign and local laws.
Fees for Unauthorized Use
Unauthorized use as described typically results in call detail patterns which
are easily recognized by automated reporting systems. Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com uses such systems to
identify prohibited use of the Service. Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com reserves the right to take any and
all actions it may deem appropriate with respect to such unauthorized use,
including without limitation taking action to recover the costs and expenses
of identifying offenders and removing them from using the Service, and levying
cancellation and toll charges for the unauthorized use. Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com reserves at all times
all rights and remedies available to it with respect to such activities at
law or equity. All domestic phone calls which are identified as unauthorized
use are subject to a charge of up to 2.9 cents per minute (USD). The charge
is due immediately, and will be deducted from the credit card or form of
payment you provided at the time of account activation. If you feel that
such charge was made in error, and that the use did comply with this
agreement, you may dispute the charges. All such disputes must be made
in accordance with our standards. Initiating a chargeback
via your credit card company prior to pursuing the remedy described
constitutes a waiver of your rights
regarding the dispute.
Services
Users may seek the services of third parties and/or other users not related
to Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
through the use of the Site or Service. If there are any issues concerning
advice and/or service received by a user from any third parties or any other
user of the Site or Service unrelated to Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com or any claims, controversies, suits
or any damages whatsoever that may arise, users must deal directly with said
third parties to resolve any disputes. Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com will not be held responsible and
expressly disclaims any liability whatsoever for any claims and/or
controversies that may arise from any disputes between any users of the
Site or Service. By using this Site, you do hereby represent, understand
and expressly agree to hold Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com harmless for any claim or controversy that may
arise from any disputes between users of the Site or Service.
Eligibility
Our services are void where prohibited by applicable laws. Our Service is
offered only to individuals who can form legally binding contracts under
applicable law. Without limiting the foregoing, our Service is not available
to minors under the age of eighteen (18) in the jurisdiction or control of
the United States or to anyone who may not be able to form a legal binding
contract within such person's jurisdiction. Any misstatements and/or
misrepresentations regarding the age, background, experience and/or
eligibility of any users of the Service are not the responsibility of
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com.
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
does hereby expressly disclaim any liability whatsoever for any misstatements
and/or misrepresentations made by any users of this Site or the Service.
Users do hereby represent, understand and agree to hold Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com harmless and to
indemnify Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
for any misstatements and/or misrepresentations, whether made intentionally or not,
made by any users of this Site or the Service.
Links and Account Information
All users do hereby agree to be the sole, authorized user of their account.
Should any user of this Site authorize any third party to use their account,
user does hereby agree to supervise all usage thereof. Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com has no control over the
use of any user's account by a user authorized third party and expressly
disclaims any liability derived therefrom. Should any user suspect that
any unauthorized party may be using their account, user does hereby agree
to contact Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and
InfoLinkNetwork.com immediately. Links from Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com to other Sites on the Web do not
constitute the endorsement of Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com. These links are provided as an information service
only. It is the responsibility of the user to evaluate the content and
usefulness of the information obtained from other Sites. Such hyperlinks
are provided for reference and convenience only. Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com does not control
such web Sites, and is not responsible for their content. Just because
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
has hyperlinks to such web Sites does not mean Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com endorses any of the
material on such web Sites, or has any association whatsoever with their
operators. Users further acknowledge that use of any Web Site controlled,
owned or operated by third parties is governed by the terms and conditions
of use for those Web Sites, and not by Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com User Agreement or Privacy Policy.
Our Privacy Policy is incorporated herein by reference. Links to external
Web Sites (including external Web Sites that are framed by Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com) or inclusions of
advertisements do not constitute an endorsement by Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com of such Sites or
the content, products, advertising or other materials presented on such
Sites, but are for User's convenience. Users access them at their own risk.
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
expressly disclaims any liability for any damages whatsoever incurred by
any user in connection with the use of any web Sites, the access to which
was found through this Site. Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com expressly disclaims any liability derived from the use
and/or viewing of any links that may appear on this Site. All users do hereby
agree to hold Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and
InfoLinkNetwork.com harmless from any liability that may result from the use
of links that may appear on the Site.
COPPA Compliance
Users of this Site or the Service should monitor children's use of the
Internet. Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and
InfoLinkNetwork.com Site and Service is intended for people 18 or over.
We have also made an effort to specifically limit Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com appeal to people
of age 18 and older. Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com will not knowingly collect any information from
children under 13. Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and
InfoLinkNetwork.com takes the Children's Online Privacy Protection Act of
1998 (COPPA) as well as all FTC regulations very seriously. We are also
strong supporters and maintain strict compliance with the Rules and
Regulations set forth thereunder. That being said, we do not assume any
responsibility for any misrepresentations regarding your age or parental
consent when using this Site. Should we determine that you provide any
false information to us when using this Site, your Service will be
terminated immediately. Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com expressly disclaims any liability whatsoever that
may result from any unauthorized use of any user's account or information
obtained as a result of using this Site or the Service. You do hereby
understand and agree to hold Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com harmless for any unauthorized
use of any user's account or personal information.
Refund Policy
If within the first 10 days of use of the service you find that it is not up
to your expectations you may cancel the service for a refund of the monthly fee and
any remaining money on deposit for unused minutes. You may either cancel by email to: customercare&netphone2phone.com,
by mail to: InfoLinkNetwork, 1701 Corinthian Way, Suite H, Newport Beach, CA 92660 or by telephone to:
949-975-1605. The refund will be made back to the original source of the payment within 25 days of receipt of cancellation
notice.
SPECIFIC TERMS AND CONDITIONS:
Paid Service
Payment for Service and applicable taxes is billed on a pre-pay monthly basis,
excluding the minutes used. As minutes are used, the amound for the minutes
is deducted from the deposit on file. Minutes are billed at a rate based
upon the rate chart. Monthly periods are defined as 30 day periods beginning
on the same date as the then current term. You must provide a valid credit
card at the time you sign up for the Service. You agree to maintain a valid
and current credit card on file with Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com at all times. In addition to the
pre-pay monthly fee, a $25.00 deposit for calls will be charged to your
credit card. If and when the on deposit file drops below $10.00 then an
additional $15.00 will be charged to your credit card to maintain the
threshold level of $25.00. Statements will be viewable on line showing
the account balance, charges made, outgoing and incoming calls and any
other pertinent information regarding your account. If charges to your
credit card are declined for any reason, Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com reserves the right to suspend or
terminate your Service until you provide a valid method of payment.
Suspension or termination of your Service leaves you liable for all
accrued charges and fees associated with the collection of such payment
as well as all unbilled charges. You must notify Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com in writing, to
Netphone2phone.com, 1701 Corinthian Way, Suite H, Newport Beach, CA
92660, within 7 days after receiving your credit card statement if
you dispute any Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and
InfoLinkNetwork.com charges on that statement. We will respond to your
dispute in writing, within 30 days. You are responsible for paying all
charges in accordance with your Rate Plan for use of the Service
associated with the Identifier(s) assigned to you, even if you did
not use, or authorize the use.
Short Form Emergency Services, E911 and 911
You acknowledge that we have informed you that the Service presently does
not support 911, E911 or any other type of emergency services; that calls
to " 9-1-1 " cannot be connected; and that you need to make alternative
arrangements to contact emergency services in situations where you would
need to dial 911.
"900 Numbers"
You acknowledge that we have informed you that the Service does not permit
calls to 900 numbers or other pay-per-call services.
Directory Assistance
You acknowledge that we have informed you that calls to Directory Assistance
(411, 1-XXX-555-1212) excluding toll-free Directory Assistance
(1-800-555-1212) will incur a $0.75 per call charge.
Theft
You are responsible for canceling your Service if you become aware that the
Service provided to you is being stolen. Failure to do so may result in
additional charges to you.
Service Termination
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
reserves the right to terminate the Service at any time with or without
notice and for any reason. You agree that Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
Refunds for interrupted or incomplete calls
In certain cases, Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and
InfoLinkNetwork.com may determine, at its sole discretion, that a full
or partial refund should be issued to you for certain phone calls which
were interrupted, not completed, or experienced audio quality issues
"Call Quality Refund"). Call Quality Refunds may take up to 60 days to
appear on your account, and may, at Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com sole discretion, be issued in
the form of (1) credit toward next month's service; (2) credit issued
to your credit card on file; (3) check issued to you via postal mail.
Privacy
Personal data and certain other information submitted by you is subject to
our Privacy Policy. Voice over IP communications are transmitted over
public networks including the Internet. You acknowledge that Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com is not liable for any loss
of privacy arising out of use of the Service.
Release
Because we are not involved in the actual contact between users, in the event
that you have a dispute with one or more users and/or any parties unrelated
to Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
(including, but not limited to, any clients of Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com), you release Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com (and our officers,
directors, principals, agents, investors, subsidiaries and employees) from
all claims, demands and damages (actual and consequential) of every kind
and nature whatsoever, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with
such disputes.
Information Provided by Users
Users are responsible for providing accurate, timely and complete information
to us in connection with their registration for and use of the Site.
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
is not responsible for any claims relating to any inaccurate, untimely or
incomplete information provided to us. Users represent and warrant that
they are the owner or a licensee or otherwise have the right to provide
any information or materials (including pre-existing materials) that they
post or transmit via our Service or Site.
Your Information
"Your Information" is defined as any information you provide to us in the
registration process, through any e-mail feature, electronic submission or
transaction or through traditional mail. You are solely responsible for
Your Information, and we act as a passive conduit for your online
distribution and publication of Your Information. With respect to
Your Information:
Your Information (or any items or contents listed therein):
(a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent
or involve the sale of counterfeit or stolen items; (c) shall not infringe
any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (d) shall not violate
any law, statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising); (e) shall not be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing; (f) shall
not be obscene or contain child pornography or, if otherwise adult in
nature or harmful to minors, shall be posted only in the Adults Only
section and shall be distributed only to people legally permitted to
receive such content; (g) shall not contain any viruses, Trojan horses,
worms, time bombs, cancelbots or other computer programming routines that
are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information; (h)
shall not create liability for us or cause us to lose (in whole or in part)
the services of our ISPs or other partners, affiliates, users or suppliers.
Billing and Payment Policy
Certain users of the Site are obligated to pay for the services offered
therein, unless specifically notified otherwise. Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com will charge a
user's credit card according to the agreed upon fee between user
and Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
for use of the services of the Site. Users will pay fees according to the
applicable "Information" set forth on the Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com Site. No additional notice or
consent will be required for billings to user's credit card for all
amounts (including late charges, minute fees). You must promptly notify
us of any change in your invoicing address or changes related to the
credit card used for payment. Your payment obligations survive any
termination of this Agreement. While Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com will use its best efforts to
ensure the privacy of all credit card and other personal information,
we expressly disclaim any liability for any damage that may result
should any such information be released to any third parties. User
does hereby agree to hold Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com harmless for any damages that may result therefrom.
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
will use a third party service to process your credit card information.
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
is not responsible for any of the services offered by third party. You
do hereby agree to indemnify and hold harmless Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com from any liability whatsoever that may
result from the use of said party's services.
Late Payments/Disputes
For any payment returned for nonpayment or for any credit card chargebacks, we
will assess an additional fee of $25 and we may, without notice to you, suspend Service
and/or terminate this Agreement, in addition to all other remedies. All amounts due,
including disputed amounts, must be paid by the due date regardless of the status of
any objection. All communications concerning disputed amounts owed, including any
instrument tendered as full satisfaction of the amounts owed, or stipulating any
other conditional action, agreement or proposed resolution of any dispute must be
(i) in writing, (ii) marked "Billing Dispute" on the outside of the envelope, (iii)
sent to the address provided in the Notices section below, and (iv) received by us
within 60 days after posting of the invoice.
Notices
We may send you notices by mail or electronic means, in our sole discretion.
Notices to you shall be effective 1) 3 days following the date deposited in
the U.S. Mail or delivered to a nationally recognized courier or delivery
service to your address as kept in our files and/or 2) immediately upon our
transmission using an electronic means such as email or text messaging service.
You are responsible for notifying us of any changes in your mailing or email address.
Written notice to us shall be effective when directed to InfoLinkNetwork, 1701
Corinthian Way, Suite H, Newport Beach, CA 92660 and received by us. Your notice
must contain specific information adequate to identify you and your Service.
Oral and electronic notices shall be deemed effective on the date reflected in
our records.
No Liability
User agrees not to hold Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and
InfoLinkNetwork.com, Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and
InfoLinkNetwork.com principals, agents and employees, officers, directors,
or participants liable for any advice, representations and/or services
delivered which originated through the Site or were otherwise provided
by any user. All users of this Site or the Service release Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com, Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com principal's, agents, officers, directors, and
employees from claims, demands and damages (actual or consequential) of every kind and
nature, known and unknown, disclosed and undisclosed, arising out of or in any way
connected with any such disputes that may arise through the use of this Site or the Service.
Indemnification
By agreeing to the terms of the User Agreement, Users agree to indemnify,
defend and hold harmless Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com, its directors, officers, employees, principals,
agents, licensors, attorneys, independent contractors, providers,
subsidiaries and affiliates (collectively referred to herein as
"Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com")
from and against any and all claim, loss, expense or demand of liability,
including attorneys' fees and costs incurred by Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com and Affiliates
in connection with any claim by a third party (including any intellectual
property claim) arising out of (i) materials and content Users submit,
post or transmit through the Site, (ii) any information and/or services
offered by any parties other than Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com in connection with the Site (iii)
any use of the Site in violation of these Terms of Use or in violation
of any applicable law. Users further agree that they will cooperate as
reasonably required in the defense of any such claims. Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com and Affiliates
reserve the right, at their own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by Users,
and Users shall not, in any event, settle any such claim or matter without
the written consent of Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and
InfoLinkNetwork.com. Users further agree to hold harmless Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com and Affiliates from
any claim arising from a third party's use of information or materials of
any kind that they post in a Public Area.
Community Areas
If the Site contains bulletin board services, chat areas, news groups,
forums, prices, quotes and other information regarding products and/or
services offered by any parties other than Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com, communities and/or other
message or communication facilities, Users agree to use the
community areas only to send and receive messages and material
that are proper and related to the particular forum. By way of
example, and not as limitation, Users agree not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others. Publish,
post, upload, distribute or disseminate any profane, defamatory,
infringing, obscene or unlawful topic, name, material or information.
Use the Site for any purpose which is in violation of local, state,
national or international law. Upload files that contain software or
other material that violates the intellectual property rights (or
rights of privacy or publicity) of any third party. Upload files
that contain viruses, corrupted files, or any other similar
software or Services that may damage the operation of another's
computer. Advertise or offer to sell any goods or services for
any commercial purpose on the Site which are not relevant to
the services offered on the Site or are in any manner incorrect,
inaccurate, false misleading or otherwise illegal. Conduct or
forward surveys, contests, pyramid schemes or chain letters.
Impersonate another person or allow any other person or entity
to use a user's profile, information and/or identification to
post or view comments. Post the same note repeatedly (referred
to as 'spamming'). Spamming is strictly prohibited. Download any
file posted by another user that user either knows, or reasonably
should know, cannot be legally distributed through the Site.
Restrict or inhibit any other user from using and enjoying the
Community areas. All users agree that all
information supplied by any user or any member of user's household
is true and accurate. Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com is not responsible for the accuracy or legality
of any information so provided.
Modification of the Terms of this Agreement
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
reserves the right to make changes to this Agreement from time to time.
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
shall provide notice to User of any substantive and/or material changes to
this Agreement or any policies posted on the Site. It is, however, the
responsibility of the user to review the terms of this Agreement each time
any users view the Site. Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com is not responsible for any damage that may result
should user fail to review this User Agreement following any modifications
that may be implemented herein.
Term of Agreement
This Agreement will become effective immediately upon any use by all users
of the Site or Service and shall remain effective unless terminated by
either party as provided hereunder. Either party may terminate this
Agreement by providing the other with written or email notice of such
termination which shall be effective immediately upon delivery of such
notice to the other party and subject to the conditions set forth in
the section TERM. Furthermore, Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com may terminate this Agreement
between any user immediately for any breach of this Agreement or any
applicable policy of Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com as posted on the Site from time to time. No
reimbursements for any fees charged in connection with services offered
on the Site shall be issued where reason for termination is due to the
violation of any of the terms and conditions set forth herein or in any
other policy posted on this Site. In the event of termination or expiration,
the following sections shall survive: TERM; Term of Agreement; Ownership;
Disclaimer; Limitation of Liability; Notice; and Miscellaneous.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, HTML,
look and feel, photographs, music, sounds, images, software, videos,
designs, typefaces and other content (collectively, "Proprietary Material")
that Users see or read on the Site is owned by Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com or is used with permission of the
rightful owner. This Proprietary Material is protected in all forms, media and
technologies now known or hereinafter developed. Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com owns all Proprietary Material as well as
the coordination, selection, arrangement and enhancement of such Proprietary
Materials as a Collective Work under the United States Copyright Act, as amended.
Users may not copy, download, use redesign, reconfigure or re-transmit anything
from the Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
Site without Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com's
prior express written permission. Furthermore, Users are not allowed to post or
distribute any material they do not own, or which they do not have permission to use.
Violation of this policy may result in copyright, trademark or other intellectual
property rights violations, and subject Users to termination from the use of this Site
or civil or criminal penalties.
In addition, the Site contains material protected by the domestic and international
laws of copyright, patents or other proprietary rights and laws. Any use of such
Proprietary Material, other than as permitted herein, is expressly prohibited
without the prior permission of Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com and/or the relevant right holder.
Notice of Trademark Rights
The service marks and trademarks Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com, Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and
InfoLinkNetwork.com and domain are service marks owned by Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com. Any other trademarks,
service marks, logos and/or trade names appearing on the Site are the property
of their respective owners. Users acknowledge the rights of Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com and the respective third
parties in those marks. Users may not copy or use any of these marks, logos or
trade names without the prior written permission of the owner except as expressly
allowed by these Terms of Use.
Copyright Complaints and Copyright Agent
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
respects the intellectual property of others, and asks Users to do the same.
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com is
in compliance with the Digital Millennium Copyright Act. In order to protect
intellectual property from misuse, we ask Users to help us. If Users believe,
in good faith, that any materials on the Site infringe upon Users' copyrights,
please provide Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
Copyright Agent with the following information: 1. An electronic or physical signature of
the owner of the copyright or of the person authorized to act on behalf of the owner of the
copyright interest; 2. A description of the copyrighted work that you claim has been infringed,
including the URL (Internet address) or other specific location on the Site where the material
that you claim is infringing is located. Include enough information to allow Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com to locate the material and explain why you
believe an infringement has taken place; 3. A description of the location where the original or
an authorized copy of the copyrighted work exists -- for example, the URL (Internet address)
where it is posted or the name of the book in which it has been published; 4. Your address,
telephone number and email address; 5. A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6.
A statement by you, made under penalty of perjury, that the information in your Notice is accurate,
and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The disputed information must be copyrightable and you must state why you believe the information
is so uniquely derivative as to be legally copyrighted.
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com will
terminate access to the Site and Service of those who engage in repeated acts
of infringement and will discontinue use.
Limited License
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
grants its users a nonexclusive, revocable right to use the Site provided
that users do not (i) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source code,
(ii) modify or attempt to modify the Site in any manner or form.
Modifications to the Site
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
reserves the right in its sole discretion to review, improve, modify or
discontinue, temporarily or permanently, the Site or Service or any content
or information on the Site with or without notice to user. Users agree that
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
shall not be liable to any user or any third party for any modification or
discontinuance of the Site or Service.
Privacy
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
Privacy Statement located on its Site as modified by Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com from time to time
shall govern any disclosure or use of user's personal information. By
using this Site or the Service, you do hereby represent, understand and
agree that you have reviewed and agree to those terms.
User account, password and security
Users are responsible for maintaining the confidentiality of any password and
account number provided by themselves or Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com for accessing the Site or Service,
and are fully responsible for all activities that occur under user's password
or account. User agrees to immediately notify Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com of any unauthorized use of a user's
password or account or any other breach of security.
No Agency
You and Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
are not legally affiliated in any way by virtue of your membership or usage of
Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com Site
or Service or intellectual property other then the terms and conditions stated
in this User Agreement and no independent contractor, agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement. Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and
InfoLinkNetwork.com is not an employment service and does not serve as an
employer of any parties that may use this Site. As such, Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com expressly disclaims any
liability that may arise between users of its Site.
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT THE USE OF THE SITE AND SERVICE IS AT USER'S SOLE
RISK. NEITHER NETPHONE2PHONE.COM, TALKBYPC.COM, INFOLINKTEL.COM AND
INFOLINKNETWORK.COM NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SITE OR
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE,
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE
OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE AND SERVICE IS PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER
NETPHONE2PHONE.COM, TALKBYPC.COM, INFOLINKTEL.COM AND INFOLINKNETWORK.COM
NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE
ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE INFORMATION.
NETPHONE2PHONE.COM, TALKBYPC.COM, INFOLINKTEL.COM AND INFOLINKNETWORK.COM
AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES, WORMS ,
TROJAN HORSES OR OTHER HARMFUL COMPONENTS. NETPHONE2PHONE.COM, TALKBYPC.COM,
INFOLINKTEL.COM AND INFOLINKNETWORK.COM AND AFFILIATES TAKE REASONABLE
MEASURES TO ENSURE THAT INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY
TO THOSE SPECIFIED BY USERS. NETPHONE2PHONE.COM, TALKBYPC.COM, INFOLINKTEL.COM
AND INFOLINKNETWORK.COM CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE
PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED,
INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO
HOLD NETPHONE2PHONE.COM, TALKBYPC.COM, INFOLINKTEL.COM AND INFOLINKNETWORK.COM,
PRINCIPALS, AGENTS, CONTRACTORS EMPLOYEES AND AFFILIATES LIABLE FOR ANY LOSS OR
DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION,
DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE SITE.
NETPHONE2PHONE.COM, TALKBYPC.COM, INFOLINKTEL.COM AND INFOLINKNETWORK.COM AND
AFFILIATES ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE
ARISING FROM THE USE OR INABILITY TO USE THE SITE OR SERVICE. SHOULD ANY
INTERRUPTION OCCUR WITH THE SITE OR SERVICE, WHETHER WITHIN THE CONTROL OF
NETPHONE2PHONE.COM, TALKBYPC.COM, INFOLINKTEL.COM AND INFOLINKNETWORK.COM OR NOT,
NETPHONE2PHONE.COM, TALKBYPC.COM, INFOLINKTEL.COM AND INFOLINKNETWORK.COM EXPRESSLY
DICLAIMS ANY LIABILITY WHATSOEVER FOR ANY DAMAGES, INCIDENTAL OR CONSEQUENTIAL THAT
MAY RESULT TO ANY PARTY INCLUDING ANY USER (WHETHER A PAYING MEMBER/USER OR NOT) OF
THE SITE OR SERVICE. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE OR THE DEVICE
OR ANY SERVICES PROVIDED BY ANY THIRD PARTIES, AND DISCLAIM ANY IMPLIED WARRANTY,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO
NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON
ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE DEVICE AND ANY STATEMENT
REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. THIS PARAGRAPH SHALL SURVIVE
TERMINATION OF THIS AGREEMENT.
Limitation of Liability
Under no circumstances will Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com or its Affiliates be liable to any party for any
indirect, incidental, consequential, special or exemplary damages arising
from any provision of this Agreement. Furthermore, the aggregate liability
of Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
or its Affiliates arising with respect to this Agreement and the Site will not
exceed the total amounts paid by user in the previous twelve (12) months under
this Agreement. Any notice or other communication to be given hereunder will
be in writing and given by facsimile, postpaid registered or certified mail
return receipt requested, or electronic mail.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or our
services shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in the State of California
and judgment on the arbitration award may be entered into any court
having jurisdiction thereof. Either you or Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com may seek any interim or preliminary
relief from a court of competent jurisdiction in the State of California ,
necessary to protect the rights or property of you or Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com pending the completion
of arbitration.
General Provisions
Failure by Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com
to enforce any provision(s) of this User Agreement shall not be construed as a
waiver of any provision or right. These Terms of Use, and all other aspects of
use of the Site, shall be governed by and construed in accordance with the laws
of the State of Nevada, without regard to its conflict of laws rules. All
claims and disputes arising out of these Terms or Use or use of the Site, other
than action for specific performance or injunctive relief brought by Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com, shall be exclusively brought
in the federal, state or local courts located in the State of Nevada; and, with
regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise
of personal jurisdiction over them by those courts, and (ii) waive any jurisdictional,
venue, or inconvenient forum objections to such courts. These Terms of Use constitute
the entire agreement between Users and Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com with respect to the Site, and supersede all prior agreements or
understandings, whether written or oral, between Users and Netphone2phone.com, TalkByPC.com,
InfoLinkTel.com and InfoLinkNetwork.com with respect to the Site. If any provision of these
Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be
enforced to the fullest extent possible, and the remaining Terms of Use shall remain in
full force and effect. These Terms of Use and Policy regarding Privacy inure to the benefit
of Netphone2phone.com, TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com, its successors
and assigns.
Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner,
joint venture, agent, legal representative, employer, contractor or employee of
the other. Neither party shall have, or hold itself out to any third party as
having, any authority to make any statements, representations or commitments of
any kind, or to take any action, that shall be binding on the other, except as
provided for herein or authorized in writing by the party to be bound. This
Agreement shall be interpreted in accordance with the laws of the State of
Nevada (excluding any rules governing choice of laws) and any legal
proceeding arising out this Agreement will occur in the State of Nevada.
This Agreement will be binding on and will inure to the benefit of the legal
representatives, successors and assigns of the parties hereto. This Agreement
(and the policies referenced herein and incorporated by reference) constitutes
the entire agreement between Netphone2phone.com, TalkByPC.com, InfoLinkTel.com
and InfoLinkNetwork.com and any user with respect to the subject matter hereof,
and users have not relied upon any promises or representations by Netphone2phone.com,
TalkByPC.com, InfoLinkTel.com and InfoLinkNetwork.com with respect to the subject matter
except as set forth herein.
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