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Terms of Service

WorldTel Xchange, Inc. ("WorldTel") makes available for subscribers' use (may also be called "Customer", "Consumer", "Member" "User") on its websites ("Website" or "Site") information, documents, software and products (collectively "Materials") and various services offered by WorldTel (each a "Service" and collectively "Services") subject to the terms and conditions set forth in this document ("Terms of Service"). By accessing or using this Site, which includes your access to or use of any Materials or Services, you agree to be bound by these Terms of Service. If you do not wish to be bound by these Terms of Service, you may not access or use the Site, Materials, or any of the Services. By using the Materials or Service, you are agreeing to be bound by these Terms of Service.

WorldTel may modify the Materials, Services and Terms of Service at any time without notice and such modifications shall be deemed effective immediately upon making such changes. Additionally, when using particular Services or Materials, you shall be subject to all posted agreements, guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Service. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.

WorldTel may maintain many different language versions of the Website, and in the event there is any inconsistency between the English version of WorldTel's Terms of Service, End User License Agreement or Privacy Policy on the Website and any other language version, the English version shall be binding.

SERVICE

Term

Service is offered on a prepaid basis for 1button to wifi and WorldTel Calling card accounts and any balance remaining on such accounts will expire one year from the date of purchase of your account or your last recharge of such account, whichever is later. Service is offered on a Pay as you go basis for all WorldTel accounts for a term which begins on the date that WorldTel activates your Service. WorldTel subscribers purchase our Services on a prepaid Pay as you go basis. This means that you will be placing money into your account through a credit or debit card prior to using the Services, after utilizing any free promotional credits applied to your account. Due to our verification process, all funds applied to the Customer's account will be available for immediate use upon confirmation of a valid credit or debit card clearance.

Consumer

If you have subscribed to one or more of WorldTel's Services said Services are provided to you as an individual user.

This means that you are not using them for any unlawful purpose or for any abusive purpose.

In its sole discretion, if WorldTel determines that our Services are being used for any of the aforementioned activities, WorldTel reserves the absolute right to terminate service immediately.

WorldTelCallingcard

The WorldTelCallingcard service is only accessible from locations where we have provided local access numbers. Local access number will be provided on each Prepaid Calling Card.

PAYMENT

WorldTel charges you in advance for every Service and only accepts payments by Credit Cards (the term "Credit Card" may be substitued and apply to "Debit Card" usage). Your initial purchase through WorldTel of your Control Center or the registration of your Control Center through resellers or retail outlets will provide us with your Credit Card information. This information will be retained on our secure database for your convenience should when reloading your account with addtional funds.

The Customer authorizes WorldTel to charge the Credit Card account number on file when addtional reload to the Customer account is requested. The Customer will be responsible to change/update its Credit Card information on file given WorldTel if the card expires or is replaced. This authorization will remain valid unless WorldTel receives your written notice terminating WorldTel's authority to charge your Credit Card and close your account. Upon payment verification, you may be required to submit additional documentation establishing your identity and place of residence in order to have your Service activated. WorldTel may terminate your Service at any time in its sole discretion, if any charge to your Credit Card on file with WorldTel is reversed. If a Credit Card is declined, it is the responsibility of the Customer to provide new Credit Card information before the account will be reloaded. Since a declined Credit Card will not allow the Customer to use Services once the account balance has been drawn down to $0, WorldTel will not be liable for any consequences associated with the Customer not having access to our Services.

Termination of Service for declined card or reversed charges leaves the Customer FULLY LIABLE to WorldTel for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by WorldTel owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.

By using the Service, you authorize that any charges incurred from the use of the Service shall be debited from your WorldTel account. You hereby agree that you are responsible for payment of all applicable charges on your call detail report incurred as a result of the use of your WorldTel account for the Service, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. All funds in your WorldTel account may not be available for immediate use due to our verification process. WorldTel will not offer any refunds or reimbursements for the purchase price of accounts for the Services. Any fraudulent action by the user to avoid payment will be prosecuted to the fullest extent of the law. If WorldTel suspects fraudulent use of your WorldTel debit account, it may suspend or terminate your WorldTel debit account without notice.

You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree to notify WorldTel immediately, in writing or by calling the WorldTel support line, if you become aware at any time that your Service is being stolen or fraudulently used.

WorldTel recommends that you routinely review your online account history to ensure its accuracy.

BILLING

If you register for one of our pay services, you agree to be responsible for payment of all applicable charges incurred as a result of your use of the WorldTel pay services, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Since all minutes purchased for a WorldTel prepaid calling card have no expiration date, WorldTel will not offer any refunds or reimbursements for the purchase price of a calling card account. Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole cent. All calls for which we receive answer supervision shall incur a minimum one-minute charge. WorldTel relies on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. You must notify us in writing of any disputed charges within thirty (30) days of the charges or you will have waived your right to dispute the charges.

INTELLECTUAL PROPERTY

Trademarks

All corporate names, service marks, logos, trade names, trademarks, websites and domain names of WorldTel (collectively "Marks") are and shall remain the exclusive property of WorldTel and nothing in these Terms of Service shall grant you the license to use such Marks.

Copyright

All Services and/or Materials found in the Website are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Services and/or Materials found on the Website is strictly prohibited, without the express, prior, written consent of WorldTel. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.

EXPORT CONTROL LAWS

The export and re-export of WorldTel Materials are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Materials to any destination requiring such a license. In addition, the Materials may not be exported or re-exported (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (c) any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. By downloading or using the Materials you are certifying that you are not a national of one of the above-listed countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

YOUR CONDUCT

You agree to use the Materials and Services for lawful purposes only. You are prohibited from posting on, or transmitting through, the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct. If WorldTel believes, in its sole discretion, that you have engaged in any of the foregoing conduct, WorldTel may, (i) remove such content from the Site; (ii) terminate or suspend your account or use of the Services and Materials; and/or (iii) forward the offensive materials, your communications with WorldTel, and your personally identifiable information to the proper authorities for investigation or prosecution.

WARRANTIES AND DISCLAIMERS

HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL ENABLE YOU TO LEAVE WORLDTEL'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF WORLDTEL AND WORLDTEL IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. WORLDTEL IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY WORLDTEL OF THE SITE. WORLDTEL AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. ALL SERVICES AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS". WORLDTEL DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES OR MATERIALS, ANY TRANSACTION PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, OR AS TO THE QUALITY OF THE CALL. WORLDTEL SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. WORLDTEL DOES NOT WARRANT THAT THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES WORLDTEL WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. WORLDTEL DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, MATERIALS AND THE INTERNET.

Statements and descriptions concerning the Services, if any, by WorldTel or WorldTel's agents or installers are informational and are not given as a warranty of any kind.

LIMITED OR AVAILABLE LIFETIME WARRANTY FOR CONTROL CENTERS

If you purchased a Control Center new from WorldTel the Control Center includes a 90 day replacement warranty. If you purchased a lifetime warranty at the time of purchase should your Control Center fail to operate under normal usage you may return your Control Center to us and obtain a replacement without charge. See the returns section below for the warranty process to return your Control Center to us.

At the sole discretion of WorldTel, if the device has been abused, tampered with or altered, the service of the customer may be terminated.

EMERGENCY 9-1-1 CALLS

EMERGENCY 9-1-1 CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND NEITHER WORLDTEL NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR SUCH CALLS OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE MATERIALS OR SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT WILL WORLDTEL BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF WORLDTEL OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE.

INDEMNITY

You agree to indemnify, defend and hold WorldTel, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your improper use of any Services or Materials, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of WorldTel and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

TERMINATION

You agree that WorldTel, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services or Materials, if we determine that you are in breach of the terms and conditions of this Agreement. WorldTel may also in its sole discretion and at any time discontinue providing the Materials, Services, or any parts thereof, with or without notice. You agree that any termination of your access to the Services or Materials may be effected without prior notice, and acknowledge and agree that WorldTel may immediately deactivate or delete your account and/or bar any further access to the Services or Materials for just cause. Further, you agree that WorldTel shall not be liable to you or any third-party for any termination of your access to the Services or Materials.

RETURNS AND WARRANTY POLICY

In the event that your Control Center fails within 90 days from the date of receipt as a result of a manufacturing defect, we will ship you a new one, free of charge. To return a Control Center that was purchased from WorldTel, the Customer must first obtain a Return Merchandise Authorization (RMA) from WorldTel.

The RMA may be set up by email or by calling the WorldTel support line. Returns will not be accepted without a Pre-Authorized RMA Number and must be sent back as follows: (i) with a copy of the proof of purchase and original packaging, and (ii) the contents must be undamaged and in original condition, except normal wear and tear. Full refunds are given for any Control Center purchased directly from WorldTel if returned to WorldTel within 30 days of the original delivery date. Original shipping and handling charges are non-refundable. If items are returned in a damaged condition there may be a restocking fee or the return may be refused by WorldTel, in its sole discretion. All new Control Centers sold by WorldTel are sold with our 90 day replacement Warranty. Purchase of a Lifetime Warranty will provide for replacement for any failure provided the Control Center was operated with normal wear and tear.

MANDATORY ARBITRATION

Any dispute or claim between User and WorldTel arising out of or relating to the Service or Materials 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 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 User will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. User acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.

GOVERNING LAW; JURISDICTION

These Terms of Service shall be governed and construed in accordance with the laws of the State of California. You agree that in any legal action or proceeding between you and WorldTel for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction in the state and federal courts of California and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Services or Materials must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. WorldTel's failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. WorldTel may assign its rights and duties under these Terms of Service to any party at any time without notice to you.

PERSONAL INFORMATION AND PRIVACY

To learn about how WorldTel protects your personal information, refer to our Privacy Policy section. Please note that any non-personal information or material sent to WorldTel will generally be deemed NOT confidential.

CHANGES NOTICE

WorldTel may modify these Terms of Service, and the Privacy Policy at any time by posting such modification on the Website and such modification shall be deemed effective immediately upon posting of the modified Agreement. Your continued access or use of the Service shall be deemed your acceptance of the modifications. Notice will be considered received by you, and such changes will become binding on you, on the date posted to the WorldTel Web Site and no further notice by WorldTel is required. You agree to review these documents regularly as there may be modifications. WorldTel may also make changes to the Website, Materials, and/or Services at any time without notice SPAM includes, but is not limited to, unsolicited emails and/or postings in discussion groups, bulletin boards, and other public domain groups. SPAM messages are generally prohibited by most network providers and certain jurisdictions and those users employing them may be subject to fines and/or imprisonment. WorldTel.com does not allow its members to utilize SPAM messages. The company will automatically terminate all spamming accounts.To report SPAM, send an email to: abuse@1buttontowifi.com