Terms of Service

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The PennyTel website (the "Site"), provides you with the online communications service ("Service") offered by PennyTel ("PennyTel"), through which various PennyTel communication Software (as defined below) may be downloaded, subject to your compliance with the terms and conditions set forth below.

These terms and conditions apply to all applicable PennyTel services offered by PennyTel ("Agreement"). This Agreement and the PennyTel Privacy Policy ("Privacy Policy") are legal agreements between you and PennyTel regarding the use of any of the software you download from the Site, including all programs, related documentation and updates which may be periodically provided by PennyTel (collectively, the "Software").

PLEASE READ CAREFULLY AND REVIEW ALL OF THE TERMS, CONDITIONS, AND STATEMENTS MADE WITHIN THIS AGREEMENT AND THROUGHOUT THIS SITE, BEFORE CONSENTING TO THIS AGREEMENT. ONCE YOU REGISTER WITH PennyTel YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND TO AND BECOME A PARTY TO THIS AGREEMENT AND ANY OTHER TERMS CONTAINED THROUGHOUT THIS SITE. IF YOU DO NOT AGREE TO ANY OR ALL OF THE TERMS OF THIS AGREEMENT, DO NOT REGISTER FOR THE PennyTel SERVICE. If you do not wish to be bound by these terms and conditions, you may not access or use the Site, Software or Service.

PennyTel may modify this Agreement, including but not limited to, its rates or any terms or conditions, at any time by posting such modification on the Site and such modification shall be deemed effective immediately upon posting of the modified Agreement.

You agree to review this Agreement and Site regularly as there may be modifications. Your continued access or use of the Site, Software or Service shall be deemed your acceptance of the modified Agreement. PennyTel may also make changes to the Site, Software or Service at any time without notice. PennyTel reserves the right to change or update information on the Site without notice. All images, text, graphics, logos, sound, programs and any other material found on the Site are protected by United States copyright law and international treaties. Any reproduction or use of such material by you is expressly prohibited. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

PAYMENT/TERM/REFUNDS
By entering a credit card number and/or using the Services at PennyTel.com, you authorize PennyTel to charge your credit card the monthly fee of your current plan stated on the Site on a month-by-month basis until you cancel your membership. You represent that the information you submit is true and accurate, and you agree to pay all charges and fees incurred. Service will begin on the date the credit card is charged and will continue on a month-to-month basis. Service is subject to availability and capacity of the Site, Internet connections, and telecommunications vendors and is not guaranteed to be available to you. Fees are charged on the basis of one month or any part thereof. Call Records are immediately available on the website and you have five (5) days to report any discrepancy. For callback, no refunds are accepted when the second leg of the call is unreachable for any reason. Although PennyTel utilizes industry standard security technology to protect your information, PennyTel does not guarantee or warrant against third parties breaching its security technology and obtaining and/or using your information. YOU, AND NOT PennyTel, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU. NO REFUNDS WILL BE GIVEN TO YOU UNDER ANY CIRCUMSTANCES.

CANCELLATION
You can cancel your subscription anytime. You can request cancellation by sending an email to support@pennytel.com or by lodging a support ticket. You agree to cancel your account at least 5 days before your billing period ends. If our system charged you your next monthly subscription fee because you have cancelled within the 5 days before your billing period ends, we will not refund that charge.

TELEMARKETING CALLS
If the service is being used for Telemarketing calls, the minimum charged duration will be one minute. Any duration after the minimum will be charged per second.

PENNYCARD EXPIRATION
PennyCard expires one year after the first usage.

GRANT OF LICENSE
After registering for PennyTel service, this Agreement permits you the non-exclusive right to use the Software, Service and the Site. You are alowed to have (1) copy of the Software, for your internal purposes only, on only one computer. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.

LICENSE RESTRICTION
The Software, Service and the Site are made available solely for use by you in accordance with the terms of this Agreement. You may not share, divulge or otherwise distribute the user name and password that is associated with your account with the intent to defraud or permit unauthorized or fraudulent use of the PennyTel Service. Reselling the Service is strictly forbidden. If such use is detected, PennyTel may suspend or terminate your account without notice. As stated above, no refund will be given. Should PennyTel, in its sole determination, detect use of the PennyTel Service in a manner that is inconsistent with the terms of this Agreement, PennyTel shall have the right to terminate service to the account in question without notice, and no refund will be given. This includes, but is not limited to, the furnishing of false or misleading information by you to PennyTel during registration for and/or subsequent use of the Services, Software or Site contained herein.

The Software is made available solely for use by you in accordance with the terms of this Agreement. Any violation is expressly prohibited by law and may result in severe penalties. Violators will be prosecuted to the maximum extent possible. The Software that is available for download from this Site is the copyrighted work of PennyTel and/or its suppliers. Any redistribution or reproduction of the PennyTel Software not in accordance with these terms is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT COPY THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION.

PennyTel reserves all rights in the Services, Software and Site not expressly granted herein, including without limitation ownership and proprietary rights.


TRADEMARKS, COPYRIGHT AND THIRD PARTY MATERIALS
PennyTel shall retain all right, title and interests in its trade names, logos, trademarks, service marks, trade dress, copyrights, websites, domain names and proprietary technology (collectively "Marks"), which shall remain the exclusive property of PennyTel, and nothing in this Agreement shall grant you the license to use such Marks. All intellectual property rights in the Software, including, but not limited to, all copyrights, technology secrets, audio, images and text incorporated into the Software are owned by PennyTel and/or its suppliers and are protected by United States copyright laws and international treaty provisions. PennyTel shall retain all rights in the Software and its Marks, including, but not limited to, ownership and proprietary rights. You may not reverse-engineer, decompile or disassemble the Software in any way. The boundaries contained herein apply equally without stipulation to any updates or new PennyTel products that may be periodically provided to you by PennyTel.com.

THIRD PARTY WEBSITES, PRODUCTS AND SERVICES
LINKS AVAILABLE ON THIS SITE MAY ENABLE YOU TO LEAVE THE SITE. THE LINKED SITES CONTAIN OTHER TERMS AND CONDITIONS, ARE NOT UNDER THE CONTROL OF PennyTel AND PennyTel 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. PennyTel IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PennyTel OF THE SITE. PennyTel cannot and does not guarantee or warrant that the Software or other files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing 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 are responsible for taking precaution to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.
PennyTel may offer you products and services provided by third parties. These third party products and services are provided to you only as a matter of convenience and are not under the control of PennyTel. PennyTel is not responsible or liable for the contents, quality, performance or terms of use of any such third party products or services.


YOUR CONDUCT
You agree to use the Service, Software and Site only for lawful purposes. You are prohibited from posting on or transmitting through the Service and Site 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.
If PennyTel is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by you, PennyTel may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Service or Site. PennyTel may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request or (ii) to protect the rights or property of PennyTel and its users.

PennyTel reserves the right to prohibit conduct, communication or content that it deems in its sole discretion to be harmful to individual users, PennyTel, the communities that make up PennyTel, or any rights of PennyTel or any third party, or to violate any applicable law.


NO OTHER WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PennyTel DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, SITE AND SERVICE AND ANY TRANSACTION PERFORMED THROUGH THE SOFTWARE, SITE OR SERVICE OR ON THE INTERNET GENERALLY. PennyTel cannot and does not guarantee or warrant that the Software or other files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing 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 SITE, SOFTWARE AND SERVICE. ALL SERVICES PROVIDED BY PennyTel ARE PROVIDED "AS IS". PennyTel DOES NOT WARRANT THAT THE SITE, SOFTWARE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICE WILL OPERATE WITHOUT ANY PACKET LOSS OR INTERRUPTION, OR THAT ANY DEFECTS IN THE SITE, SOFTWARE OR SERVICE WILL BE CORRECTED. PennyTel MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OF THE CALL OR ANY CONNECTION TO OR ANY TRANMISSION OVER THE INTERNET. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY
YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT PennyTel AND ITS SUPPLIERS OR LICENSORS WILL NOT BE LIABLE FOR (1) ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, SITE OR SERVICE, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THIS SITE, SERVICE AND SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION
You agree to indemnify, defend and hold PennyTel, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Site, Software or Service harmless from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation by you of the Agreement or asserted by any third party due to or arising out of your use of or conduct on the Site, Software or Service. The provisions of this paragraph are for the benefit of PennyTel and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Site, Software or Service. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

TERMINATION
PennyTel reserves the right to terminate the Site, Software and/or Services offered by PennyTel and/or your use of the Software, Service and Site at any time without notice and for any or no reason. You may terminate this Agreement at any time simply by ceasing to use the Software, Site and Service; Termination may also occur as your membership and/or account expire; however, the provisions of this Agreement shall survive such termination. NO REFUNDS WILL BE GIVEN TO YOU UNDER ANY CIRCUMSTANCES.

GENERAL
This Agreement is governed by the laws of Australia and the state of New South Wales, without reference to conflict of laws principles. Any dispute between you and PennyTel regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the state of New South Wales.

This Agreement is the entire agreement between you and PennyTel and supersedes any other communications or advertising with respect to the Software, Site, and Service. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. PennyTel's failure to insist upon or enforce strict performance of any provision of this Agreement 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 this Agreement. PennyTel may assign its rights and duties under this Agreement to any party at any time without notice to you.

Should you have any questions concerning this Agreement, or if you desire to contact PennyTel for any reason, please contact: support@pennytel.com.