Please CLICK HERE for
the Terms & Conditions Agreement Form
All provisions in this Service Agreement apply
to all accounts of Xfone USA (hereinafter referred to
as Xfone), its subsidiaries, divisions, and resellers
of Xfone, Inc. The benefits of, or rights conferred by,
this agreement are non-transferable. Use of an account
is expressly limited to the individual or entity whose
name appears on the account. Xfone makes no warranties
of any kind, whether expressed or implied, for the services
it provides. Xfone also disclaims any warranty of merchantability
or fitness for a
particular purpose. Xfone will not be responsible for
damages or losses suffered
due to service interruptions.
Xfone reserves the right to change without notice such
services as (but not limited to) access procedures, menu
structures, commands, documentation, hardware, software,
and services offered.
1. We provide a connection to
the Internet.
Xfone provides subscribers with a connection to the Internet
through its Xfone.com service, and other domain names
or organization names that are owned by Xfone We believe
the Internet to be a valuable resource for communication
and for information retrieval and exchange. However, we
did not create the Internet or the sources connected to
it. All we can do is provide you, our subscriber, a connection.
2. We are not responsible for
what's on the Internet or its reliability.
We are in no way responsible for content, reliability,
suitability or accuracy of information, programs, or other
material. We make no claim regarding fitness for any purpose.
We disavow any responsibility for any kind of damages
or loss you may incur as a result of using the service.
3. You must provide your own
hardware, software and connection lines.
Our business is to provide a connection to the Internet.
But you must provide your own telephone line (or other
connection means) to Xfone's service. It is your responsibility
to purchase the necessary computing and communications
equipment, software programs, and communication line to
establish your connection and to run the applications
that are of interest to you. We do not manufacture, sell
or maintain end-user hardware or software. There are many
reputable vendors from whom you can purchase such products
and whose business it is to support them.
4. Your telephone bill. Please
READ CAREFULLY. Xfone will NOT pay for any charges on
your telephone bill.
(a) You must determine whether the modem dial-up telephone
number you are assigned is a local call. Xfone may assign
or suggest a telephone number for your computer modem
to dial in order to connect to the Internet. Xfone maintains
dial-up lines in many geographical areas in order to provide
local access to as many customers as possible. It is not
practical for Xfone to know that a particular number may
be outside your local calling area and that by dialing
it you will incur long distance charges. Only you can
make that determination. You must determine whether the
Xfone number you dial
to access the service is local or long distance. Xfone
cannot be responsible for long-distance calls.
(b) Local Optional Service (LOS) may also incur charges.
If you use Local Optional Service (LOS) or a comparable
cost-saving plan provided by your telephone company, please
be aware that there may be a time limit on your usage
that may result in additional charges if you exceed the
limit. This is a service provided by your telephone company.
Xfone cannot know about and cannot be responsible for
any charges you incur from your telephone company. You
must check with your telephone company to determine whether
there is a time limit or additional charges. Xfone will
not pay for charges on your telephone bill.
5. We offer connectivity and Internet products on an "as
is" basis.
As a courtesy to our customers we may supply diskettes,
compact disks or other media containing connectivity and
application software. Alternatively, we may provide such
software for downloading from our servers or from external
sites. These may be freeware or shareware products that
we obtain from various sources and configure to work with
Xfone.com or other domains owned by Xfone.
6. We do not guarantee those products.
Although we make every reasonable effort to obtain reliable
products, we cannot guarantee that they will not fail
or that they will not fail catastrophically. We distribute
these products as a courtesy to you on an "AS IS"
basis and you, by accepting these terms and conditions
of subscription, agree to accept them on that basis. We
completely disavow any responsibility for them and any
loss you might experience by installing and using them.
7. You are responsible for your own data, even if it resides
on our computers.
Xfone may provide for the use of web mail, web pages,
or other service in which a subscriber's programs and/or
data reside on Xfone's servers (computers.) It is your
responsibility to insure that your programs and data are
backed up on your own computers or media. You may have
spent a great deal of time, effort and money designing
and building your personal or commercial web page; you
may have sent an important e-mail message that you need
to keep a copy of; you may have meticulously created an
address book or contact list with important data. It is
vitally important to understand that computing and network
systems can and do fail and that, for this reason, it
is essential that you keep your important programs, scripts,
pictures, messages, and data backed up on your own media.
It is in Xfone's best interest to provide you, our customer,
with reliable services and facilities. But Xfone cannot
guarantee that a catastrophic failure will not occur.
Xfone completely disavows any responsibility for any loss
you might incur in regard to the use of such facilities.
8. We purge mail on our servers 30 days old or older (and may
purge it more often
if needed.)
Thousands of people receiving hundreds of thousands of
e-mail messages requires lots of disk space on our servers.
It is necessary, therefore, that we monitor this space
to insure the proper and efficient operation of the mail
system. You are strongly encouraged not to leave mail
on our servers. We regularly purge mail that is 30 or
more days old from our servers. Although we haven't had
to purge mail any more frequently than every 30 days,
if a critical shortage of disk space should arise, Xfone
reserves the right to purge mail even more often, say
after 15 days.
9. There are security and privacy risks associated with using
the Internet.
You should exercise caution when using the Internet. Xfone
cannot guarantee that data or information residing on
your computer connected to the Internet or transmitted
via the Internet will not be compromised or that it will
not be used in some harmful manner even if the programs
you use reside on our servers. Nor can Xfone guarantee
that you will not be the recipient of false, erroneous,
misleading, unlawful, or pornographic material even if
you are using a program or service designed to filter
out such material. You should be extremely cautious when
downloading material from the Internet or when accessing
attachments you receive via e-mail or other facility.
Xfone cannot guarantee that such material will not be
harmful, objectionable, or destructive (as in the case
of computer viruses, worms, Trojan horses, and the like.)
Again, Xfone completely disavows any responsibility for
any loss you might incur in regard to the use of such
facilities.
10. Guard your passwords.
You are responsible for the confidentiality of your password(s).
Xfone will cancel access and change access to your account(s)
upon notification that your password has been compromised.
11. Use the service legally and within the bounds of acceptable
Internet standards.
In subscribing to Xfone.com, or any other service owned
by Xfone, you agree to use the service only for legal
purposes. You agree that you will not use your Xfone.com
account or any other account obtained through Xfone or
one of its subsidiaries, nor allow your account to be
used (1) for the transmittal or exchange of material that
would be in violation of copyright laws, (2) for the transmittal
or exchange of libelous, slanderous, obscene or pornographic
material, (3) for sending threatening or harassing messages,
(4) for violating the export laws of the United States
of America, (5) for spamming, that is, flooding Internet
mailboxes with unsolicited or commercial messages via
e-mail or other messaging facility or (6) for any other
illegal or immoral purpose.
12. Do not engage in abusive or harmful activity.
You further agree that you will not (1) seek unauthorized
access to system directories, files, data, and programs,
(2) intercept nor attempt to intercept private messages
or other material not intended for you, (3) log in to
your account more than once at any particular time, that
is, you and a friend or other family member cannot both
be logged into the same account at the same time, (4)
log in and remain logged in all day or all night at one
time; if you find that you need a continuous log-in, you
should upgrade your account for that type of service,
and (5) run programs or store massive amounts of data
that consume excessive system resources.
13. You are billed for service in advance and payment is due
upon receipt of bill.
Xfone offers billing on monthly, quarterly, and annual
cycles. You may choose to be billed by U.S. mail, e-mail,
credit card, and ACH withdrawal from your banking account.
(For technical reasons, not all of those options are available
at all locations or on all products.
Please check with your local representative.) Charges
are due when billed and will include the fee for the next
cycle plus any fee due for excess time and resources previously
used. (Fees incurred for excess usage will be billed no
less frequently than monthly, regardless of the chosen
billing cycle.) Any invoice not paid within one month
following the statement date shall result in a late payment
charge. Past due invoices not brought current within ten
(10) days of the late charge assessment will be suspended.
Reactivation is subject to a reactivation fee.
14. By logging in to your account, you accept these terms and
conditions.
When you log into your account for the first time, you
are accepting and agreeing to the terms and conditions
stated herein and to the charges that accrue by use of
the account until you tell us in writing to close the
account.
15. You will be charged for your account until you tell us in
writing to close the account.
As long as your account is open, we will charge you for
it whether you use it or not. It is your responsibility
to inform us to close the account when you no longer want
or need the service. If you inform us by voice (by telephone
or in person) that you want the account closed, we will
cordially comply with your wishes and thank you for having
used our service. However, for your own protection, we
strongly suggest that you make your request in writing
and keep a copy for your records.
16. We reserve the right to change prices with 30 days advance
notice.
Xfone will post price change notices on its paper and
e-mail bills and on its web pages.
17. You can be billed for the use of excessive resources.
If by web page, mail or other facility, you allow your
account to consume excessive resources (like web page
hits, disk storage, etc.) Xfone will charge you for them.
18. Your personal files will be deleted from our servers upon
termination of service.
19. You can lose your account and incur extra charges for violating
the terms
and conditions.
If you violate the terms and conditions herein, Xfone
may revoke your service and not give you a refund. Additionally,
Xfone may charge you for any damage you caused or services
or resources you used over and above your normal subscription
rate.
20. We will vigorously prosecute illegal and/or abusive activity.
Please be warned that Xfone strongly objects to the use
of its facilities or the Internet for illegal and immoral
activities and will vigorously prosecute those who knowingly
and illegally abuse the service. Within the framework
of the law, Xfone cooperates with law-enforcement officials
in the pursuit of criminal activities and those who perpetrate
such activities.
21. You must be a competent adult to subscribe.
To subscribe to and use the facilities of Xfone
(Xfone.com or other domain or facility
owned by Xfone), you must be a competent
adult, 18 years of age or older, OR you must gain authorization
from your parent or guardian. Students accessing the system
through school accounts will be deemed to have appropriate authorization.
That is, the subscriber is responsible for the use of subscriber's
account.
22. Twelve (12) Month Commitment Required to Receive FREE Modem
and FREE Shipping.
In order to receive a FREE Modem and FREE Shipping of Modem,
you must agree to use one of the Xfone
Total Solutions for the Home bundled service packages, including
DSL Service for 12 months.
23. FREE Modem and Shipping Credit.
Xfone may provide a
refurbished modem. You will be billed for the selected
modem and Xfone will apply a
credit equal to the amount billed for the modem and for
shipping of the modem. Should you select Professional
Installment, you will be billed for the professional installation
fee less the Modem cost and Xfone
will apply a
credit equal to the amount billed for the professional
installation charges only. You will be responsible
for any additional wiring/installation costs outside of
ordinary installations and you will be billed according
to the rates listed on the Installation Work Order that
will be presented for your approval by an Xfone
technician prior to additional installation costs incurred.
To qualify for this special offer, you must maintain your
Xfone
Total Solutions for the Home bundled service, including
DSL Service, for at least twelve months after the Ship Date and pay all
applicable charges in connection therewith in a timely
fashion.
24. Early Termination Fee.
If you don’t maintain Xfone Total
Solutions for the Home bundled service, including DSL Service
for 12 months, Xfone may charge you
for the modem (unless you have returned the modem in accordance
with the procedures outlined below) as follows: 100% of the
credit amount for your modem, whether shipped or professionally
installed (unless you return your modem within 30 days - see
below), and 100% of the credit amount for shipping charges,
if the modem was shipped to you.
25. Limited time offer.
Xfone
reserves
the right to discontinue the FREE Modem Credit offer,
or any offer, at
any time.
26. Scope of FREE Modem Credit Offer and other FREE Tools.
Offer is for residential customers only who order Xfone Total Solutions for the Home bundled service, including DSL
Service. Additional
Free Tools consists of Spam Filter, Pop-Up Blocker, Mobile
Briefcase® and On-Line Account Center
® which can be downloaded after the installation
of Total Solutions DSL for the Home.
27. Xfone Total Solutions for
the Home DSL Equipment - Payment Terms.
If you are a new customer and
elect to purchase a modem from Xfone, the equipment will
be billed to your credit card at the time of subscription.
If you are a new customer and elect the 12 month commitment
for Xfone Total Solutions for the Home bundled service,
including DSL Service, your credit card will not be billed
for the equipment and shipping charges. If you are an
existing customer and choose Xfone Total Solutions for
the Home bundled service, including DSL Service and elect
the 12 month commitment, you will be billed for the equipment
and shipping charges, however, you will also receive a
credit on your bill for the total amount of the equipment
and shipping charges. If you are a new customer or an
existing customer and do not commit to a 12 month term
for your bundled services, your credit card will be billed
in advance at the time of subscription for the modem,
shipping charges and for installation charges. Equipment
credit will be applied for DSL modems returned within
30 days of equipment ship date (or professional installation
date). However, no equipment credits will be applied for
cancellations of Xfone Total Solutions for the Home service.
Also no credit will be given for DSL modems returned after
30 days of equipment ship date (or professional installation
date).
28. Xfone Total Solutions for
the Home DSL Equipment Return Policy.
If you decide within thirty (30) days of the Ship Date or
Installation Date that you want to return the modem for
any reason, you may return it and you will not be charged
for the modem, but (1) you must notify Xfone at 1-800-310-4481 within 30 days
of the Ship Date/Professional Installation Date; (2) you
must return the modem with the return authorization number
and label obtained from Xfone. Xfone must receive the modem in good working order with all original
parts, accessories, disks, instruction manuals and related
documentation intact within thirty (30) days after your
notification to Xfone.
29. Installation and Service Activation
Most customers will be able to
self-install the equipment necessary for Xfone Total Solutions for the Home DSL service. If you request or
are deemed by Xfone
to require an authorized technician to install your service,
Xfone will charge you a one-time installation fee of $99.95.
If you are unsuccessful in self-installing the equipment
necessary for Xfone Total Solutions for the Home
DSL service and request installation assistance at your
home, you will be charged the professional installation
fee of $99.00. These
installation fees may include any of the following items
of equipment if required: phone line splitter and a reasonable
amount of inside wiring and cabling materials as may be
necessary to install the service at your location. The
amount of these installation fees is not dependent on
whether or how much equipment or materials are required
(within Xfone‘s standard installation parameters).
30. Modem Support.
For modem customers, Xfone will provide DSL technical support only for the computer
for which the modem is installed. If you have obtained
a router or Home Networking gateway from a source other
than Xfone, Xfone does
not at this time provide technical support for such equipment.
In such event, Xfone will not be responsible for any system
incompatibilities or hardware/software conflicts that
may arise due to incompatible equipment installed beyond
the router interface; the DSL must be restored to a single-user
configuration before troubleshooting support can be provided.
31. Back-up Internet Dial Account.
Xfone Total Solutions for
the Home DSL service includes access to a back-up Xfone
Dial Internet Service account. This account is intended
to be used while you are traveling or in the event that
DSL is temporarily interrupted. The back-up dial account
provides for 1,000 minutes of usage per month at no additional
cost to you. (You will, however, be responsible for any
long distance charges that may be incurred for all back-up
dial usage.) In the event you use your back-up dial account
for more than 1,000 minutes of usage in any month, you
agree to pay Xfone $0.05 per minute of use each additional
minute of usage in excess of 1,000 minutes of use. The
total charge for the back-up dial account will not exceed
$50.00 per month. Should it appear that the back-up dial
account is consistently using in excess of 1,000 minutes
of use every month, Xfone has the right to terminate the
back-up dial account.
32. Billing.
Unless otherwise specified in any applicable promotion,
upon registration or selection of the Xfone Total Solutions
for the Home DSL service pricing plan, you will be billed
in full for the applicable installation and service activation
charges.
33. Regulatory Cost Recovery Fee.
Xfone imposes a Regulatory Cost Recovery
Fee of $2.97 per month to offset costs incurred in complying
with regulatory obligations. This fee, in the aggregate, offsets
Xfone's Universal Service Fund payments
for the DSL used in our Xfone Total
Solutions for the Home DSL service and recovery of other expenses
incurred to support specific regulatory requirements unique
to Xfone as a DSL provider. This fee
is not a tax or charge imposed by a government entity.
34. The Federal Universal Service Charge.
All telecommunications
service providers are required to contribute to the Federal
Universal Service Fund. The Universal Service Fund subsidizes
programs for schools, libraries, and health care providers.
Xfone recovers the cost of these contributions through
a surcharge on its customers' bills.
35. Refusal to Serve Customers
A. COMPLIANCE BY CUSTOMER - We may decline to serve a
customer or prospective customer until he has complied
with all state and/or municipal regulations governing
the service applied for and has also complied with the
reasonable rules and regulations of Xfone USA.
B. INADEQUATE FACILITIES - We may decline to serve an
applicant for service, or materially change the service
of any customer, if in our judgment, the applicant does
not have adequate facilities to render the service applied
for or the desired service is of such character that is
likely to affect unfavorably the service to other customers;
provided, if our facilities otherwise obligated to serve
the applicant or change the service of the customer, we
shall do so as soon as it may reasonably provide the required
facilities.
C. HAZARDOUS EQUIPMENT - We may refuse to serve a customer
if, in our best judgment, the customer's installation
of equipment is regarded as hazardous or of such character
that satisfactory service cannot be given. This rule shall
not be construed as imposing any duty upon Xfone USA to
determine the safety or suitability of a customer's installation
of equipment for the use intended.
D. FOR INDEBTEDNESS - We may decline to serve any applicant
who is indebted to us for the same kind of service as
that applied for; provided, however, that in the event
the indebtedness of the applicant for service is in dispute,
the applicant shall be served upon complying with the
deposit or payment required in addition thereto, making
a special deposit in an amount equal to the net balance
in dispute. Upon settlement of a disputed account, the
balance, if any, of such special deposit due the applicant
shall be promptly repaid.
E. COMPLAINT TO COMMISSION - In any case of a dispute
concerning refusal of service, we will inform the customer
that he is privileged to lodge a complaint with the state
Public Service Commission concerning the matter if choosen
to do so.
F. DANGEROUS CONDITIONS EXIST - Where a dangerous condition
exists on a customer's premises, service may be refused
or discontinued without notice.
36. Billing Cancellation
You may cancel billing for your service at any time by
calling Xfone's customer service number or by using such
other means as Xfone may make available from time to time,
and you will remain liable for any fees to which you have
committed at the time of registration.
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