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Terms of Service

By indicating your acceptance of these terms and conditions, you ("Subscriber") acknowledge and agree to be bound by the provisions of this agreement for the use of features and services provided to you on this site, ("services") provided by BSD Telecom, Inc. or a subsidiary. If you are not willing to be bound by these terms and conditions do not click the box next to "I Agree to the Terms of Service" box. By clicking this box or by using or accessing the service, you agree to be bound by the following terms and conditions.

In response to the Children's Online Privacy Protection Act ("COPPA") we require that subscriber be at least 18 years old to use BSD Telecom's services.

GRANT OF RIGHTS TO USE SERVICES

ACCEPTABLE USE OF SERVICE

You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. BSD Telecom reserves the right to immediately, and without notice, terminate, or otherwise discontinue, your Account and PIN in the event it determines that you have violated any such law or regulation, or any term or condition of this Agreement. In order to combat harassing or illegal conduct, including fraud and unauthorized access to voicemail, BSD Telecom may monitor customers' calls and review customers' recordings stored on its servers.

NO 911 OR EMERGENCY SERVICE

You acknowledge and understand that BSD Telecom does NOT currently allow you to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). You should always have an alternative means of accessing 911 or similar emergency services. Please inform others who use your BSD Telecom service and devices used to access BSD Telecom that they must access these numbers directly through a traditional landline or mobile phone. BSD Telecom is not intended to replace your primary phone service, such as traditional landline or mobile phone.

BSD TELECOM'S PROPRIETARY RIGHTS

SUBSCRIBER REGISTRATION

TERMINATION

WARRANTY DISCLAIMER

LIMITATION OF LIABILITY

IN NO EVENT SHALL BSD TELECOM BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. BSD TELECOM'S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE LICENSE FEE PAID BY SUBSCRIBER FOR THE SERVICES, IF ANY. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.

INDEMNIFICATION

Subscriber shall indemnify and hold harmless BSD Telecom, its subsidiaries, directors, officers, employees, distributors and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent acts, omissions or willful misconduct by Subscriber, Subscriber's use of the Services and/or any breach of the terms and conditions of this Agreement by Subscriber.

INTERNATIONAL USE

BSD Telecom makes no representation that materials on its web site(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Subscriber agrees to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which Subscriber resides.

MODIFICATION TO SERVICES

MODIFICATION TO AGREEMENT

BSD Telecom reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service or its successor site.

RULES AND REGULATIONS

Subscriber agrees to abide by all applicable local, state, national, foreign and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's account or password, including the content of Subscriber's transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to:

RECORDING CONVERSATIONS

BSD Telecom provides a function that allows Subscriber to record individual telephone conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by state to state. Subscriber is responsible for applying the local laws in the relevant jurisdiction when using this feature.

COMMUNICATIONS WITH BSD TELECOM

Subscriber may provide information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans and ideas to BSD Telecom. Such information shall be deemed non-confidential and BSD Telecom assumes no obligation to protect such information from disclosure. The submission of such information to BSD Telecom shall in no way prevent the purchase, manufacture, or use of similar products, services, plans and ideas by BSD Telecom for any purpose whatever. BSD Telecom shall be free to reproduce, use, disclose and distribute such information to others without restriction. Subscribers shall have no recourse against BSD Telecom for alleged infringement or misappropriation in connection with any information or materials submitted to BSD Telecom hereunder.

BILL PAYMENT

Subscriber may be required to pay monthly subscription charges, enhanced service charges, and/or usage charges in connection with the Services, as stated by BSD Telecom. There may be additional fees if Subscriber requests a change in any Services. Depending upon the level of Services selected by Subscriber, there may be charges for calls to or from certain locations, including without limitation payphones, calls placed, and areas within extended calling zones. There may also be applicable taxes, surcharges, assessments, government fees and charges for any special or enhanced services Subscriber uses. Any of the foregoing may be billed to Subscriber when they reach a limit as BSD Telecom determines at its sole discretion.

BSD Telecom will charge Subscriber the rates in effect under Subscriber's subscription plan, plus any enhanced service charges at the time of subscription, as such rates may be updated by BSD Telecom from time to time. Some charges (such as, but not limited to, surcharges) may accumulate in Subscriber's account before Subscriber is charged for such amounts, or such amounts may be charged to Subscriber as assessed. If Subscriber has enrolled in a then-current subscription plan and chooses to change the plan, and if there are one or more days remaining on Subscriber's current subscription, Subscriber will be credited for those days in the calculation of Subscriber's charges. Subscriber's billing cycle starts on the day the subscription purchase is successfully processed. If there is a change in subscription plan, there may be a resulting change in Subscriber's billing date.

Users may purchase prepaid credits to be used for BSD Telecom services as described on the Website. BSD Telecom will not offer any refunds or reimbursements for the purchase price of such prepayments. Unused balances shall expire six (6) months from the most recent date of use, and may not be transferred. Usage of minutes is billed in one minute increments. Minutes are deducted for inbound calls and per minute charges shall accrue for outbound calls. Prepaid credits are billed at the time of purchase. If Subscriber selects "Auto-Recharge", such credits are automatically purchased and charged to Subscriber when the available balance reaches a threshold, determined by BSD Telecom in its sole discretion.

A maintenance, storage, connection or any other daily, weekly or monthly or per call fee may be deducted from your pin or plan, and result in a lower available balance. These fees are to maintain the account including service, and any recordings that you may save. If you have less than $1 remaining balance, you will only be deducted whatever you have left on your PIN. If your card is depleted and no longer has a balance, we do not bill you in any way, nor do we charge your credit card.

BSD Telecom's rates are listed on its Website and are incorporated by reference herein. You are responsible for checking all applicable rates/promotions before making or excepting any calls using our service.

There is a 90-cent surcharge assessed on calls made from the following locations: (1) Payphones, (2)Hotels, (3)Dormitories, (4) Hospitals, and (5) Other commercial phone lines. This surcharge covers charges imposed by the Federal Communications Commission to compensate owners for the use of their facilities to originate a phone call. Although a high percentage of callers do not complete their payphone calls (they hang up before entering a destination number), BSD Telecom is still charged by the payphone operator for the toll free call. BSD Telecom has included the average cost of these incomplete calls in this fee.

If Subscriber changes Subscriber's Services from a billed plan to a free plan, Subscriber will be billed through the end of the billing cycle in which such a change is made.

Subscriber agrees that all payments will be made to BSD Telecom via credit or debit card, issued by a US bank, including MasterCard, VISA, AmericanExpress, or Discover. BSD Telecom may change the credit cards accepted at any time, at its sole discretion. Subscriber's name and address as it appears on Subscriber's BSD Telecom account must also be on the credit account from which Payment is made. If Subscriber provides a credit card number that BSD Telecom accepts for payment of Subscriber's monthly bills, Subscriber is authorizing BSD Telecom to charge the amounts Subscriber owes, then or later, to that credit card account and to demand immediate payment from the card issuer. Subscriber also agrees to pay, under the terms of Subscriber's agreement with the card's issuer, the amounts charged to Subscriber's credit card. Every time Subscriber uses BSD Telecom Services, Subscriber re-affirms that BSD Telecom is authorized to charge Subscriber's card. Subscriber agrees to authorize BSD Telecom to charge purchases made online to the credit card account supplied to BSD Telecom when the subscription was initiated, or the card that BSD Telecom has on file when the purchase is made. Subscriber agrees to pay all costs and expenses, including without limitation attorney's fees, incurred by BSD Telecom to collect any monies due under terms of this Agreement.

You must notify BSD Telecom by e-mail of any disputed charges within thirty (30) days of the charge being posted to your Account. BSD Telecom will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent BSD Telecom determines, at its sole discretion, that a billing adjustment is warranted, your Account will be credited accordingly. If you fail to notify BSD Telecom of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges.

BSD Telecom recognizes that the person whose name is listed on the Account is the sole owner of the Account, even where payment on the Account is made using the credit card of a parent or other person.

GENERAL