2. SERVICE
Upon subscription of TOLL FREE SERVICE, TELEFAX, and VOICEMAIL Services, Pacific Telephone Company™ will hereby assign to you, an individual nonexclusive, non-transferable,
revocable license to access and use the Pacific Telephone Company™ service(s). Subscriber shall have no right to sell, resell, duplicate, copy, distribute, exploit for commercial purposes,
any portion, access, or use of the Pacific Telephone Company™ service(s); nor make any claim of such right. Unless stated otherwise, any new features provided by us that can enhance
the current Pacific Telephone Company™ service(s) shall also be subject to these terms and conditions. Pacific Telephone Company™ is not liable for any communications, information,
content and/or materials that Subscriber submits to the service and assumes all such responsibility and liability. Pacific Telephone Company™ shall have no responsibility for the transmission
or deletion of Subscriber Content. Pacific Telephone Company™ has the right to restrict termination to any telephone numbers at its sole discretion.
Subscriber is required to prepay all uses of this service. Subscriber also agrees not to use service for any unlawful or abusive purpose or in such a way that it creates damage to services'
reputation, employees, facilities, third parties or to the public in general.
Pacific Telephone Company™ provides our service(s) to Subscriber until said service(s) is cancelled. Your service term refers to the period of time for which Pacific Telephone Company™
will bill you in advance (for example: one month or one year). The service term is the term Subscriber selected from the options available when Subscriber signed up for our service. The
Subscriber first service term begins on the subscription date; which is the date Subscriber first ordered service, the date we gave you the phone number, or the date we successfully
processed your payment, whichever is later. Subscriber service will continue until canceled by Subscriber or Pacific Telephone Company™ as provided for herein. Please note that the
obligations of this agreement begin on your subscription date and are indefinite.
Subscriber service term automatically renews for the same term unless service(s) cancelled before the end of your then current service term. The renewal begins on the day after the last
day of your service term.
(A) Acceptable Use
Subscriber is solely liable for any transmissions sent through the Pacific Telephone Company™ service(s). Pacific Telephone Company™ has no control over the content of any
transmission nor will be liable for such content. Subscriber shall not use the service(s) to create or distribute any images, sounds, messages or other materials which are obscene,
harassing, racist, malicious, fraudulent, infringing or libelous, nor use the service(s) for any activity that may be considered or are unethical, immoral, abusive of any third party's rights, or
illegal. Furthermore, you will abide by all rules, regulations, procedures and policies of Pacific Telephone Company™ and any policies of the networks connected to the service(s).
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 the
Subscriber account or password, including the content of Subscriber transmissions through the service(s).
(B) No Directory Listings
The phone numbers provided by Pacific Telephone Company™ are available to be listed in telephone directories at the sole expense of the subscriber.
(C) Registration, Passwords and Privacy
In registering for the Pacific Telephone Company™ service(s), Subscriber agrees to provide and maintain accurate and complete contact and identification information. In registering,
Subscriber will designate a phone number or phone numbers and password and are responsible for maintaining the confidentiality of these items. If Subscriber provides information that is,
or that Pacific Telephone Company™ suspects to be false, inaccurate, incomplete or not current, Pacific Telephone Company™ has the right to suspend or terminate service(s) and refuse
any and all current or future use of all service(s). In addition, Pacific Telephone Company™ reserves the right to immediately disconnect Subscriber service at any time without notice.
Subscriber agrees to enter registered private telephone numbers that are controlled by or under the common control of the Subscriber. Pacific Telephone Company™ respects your privacy.
Subscriber must immediately notify Pacific Telephone Company™ if suspect of any breach of security such as loss, or unauthorized disclosure or use of Subscriber password and account.
3. TERMS
The term of this agreement is a month to month contract. The monthly fee charge is based on the plan Subscriber picked when setting up the account; even if the Subscriber does not
receive calls, the monthly fee will be still charged. Subscriber can cancel at any time. The term of the service shall continue for as long as the Subscriber continues to maintain an active
account and for as many months thereafter as Subscriber chooses to continue service. The agreement is only with the Subscriber. The account is non-transferable. The Subscriber is
responsible for paying all charges posted to their account; including monthly plan charges, deposits, and set up fees, overage minutes and any other charges associated with the account.
(A) Providing Information to Authorities & 3rd Parties
If Pacific Telephone Company™ believes the service has been used for an unlawful purpose, Pacific Telephone Company™ may forward the relevant communication and other information
including Subscriber identity, contact and credit card information to the appropriate authorities for investigation and/ or prosecution. Subscriber consents to the forwarding of any such
communications and information to any and all authorities including but not limited to Emergency 911 Service or Operator Assisted Calling.
Subscriber acknowledges and understands that Pacific Telephone Company™ does NOT allow Subscriber to access any 911, E911 or similar emergency services. Subscriber should
always have an alternative means for accessing 911 or similar emergency services. Pacific Telephone Company™ is not intended as a replacement of Subscribers primary phone service,
such as traditional landline or mobile phone.
The Pacific Telephone Company™ service(s) does not support 0+ or operator assisted calling including, without limitation, collect calls, third party billing calls, 900 or calling card calls. Pacific
Telephone Company™ service(s) may not support 411, 311, 511, and other x11 services in one or more service areas.
(B) Payment for Services
Pacific Telephone Company™ will charge Subscriber the rates in effect under the Subscriber plan as published on the XXX website, plus any enhanced service charges or taxes at the
time of subscription. Such rates may be updated by Pacific Telephone Company™ from time to time and will be effective when published on the Inmate Toll Busters website. Some charges
(including, but not limited to, surcharges and overage minutes) may accumulate in Subscribers account before being charged for such amounts. Subscriber billing cycle starts on the day the
(FX) Foreign Exchange Line is assigned to the Subscriber account. Subscriber agrees that all payments will be made to Pacific Telephone Company™ via a valid credit or debit card,
including MasterCard, VISA, American Express, or Discover. Pacific Telephone Company™ may change the accepted payment method at any time, at the sole discretion of Pacific Telephone
Company™. Subscriber name and address as it appears on the Subscribers account must also be on the credit account from which payment is made. If Subscriber provides a credit card
number that is accepted for payment of Subscribers monthly bill, Subscriber authorizes Pacific Telephone Company™ to charge the amounts owed, then or later, to that credit card account
and to demand immediate payment from the payment card issuer. Every time Subscriber uses the Pacific Telephone Company™ service(s), Subscriber re-affirms that Pacific Telephone
Company™ is are authorized to charge the Subscribers payment card. Subscriber agrees to authorize Pacific Telephone Company™ to charge purchases made online to the credit card
account supplied to Pacific Telephone Company™ when the subscription was initiated, or the card on file when the purchase is made. Subscriber agrees to pay all costs and expenses,
including without limitation, attorney's fees incurred by Pacific Telephone Company™ to collect any monies due under terms of this Agreement.
Subscribers first month's service is prepaid when the account is established. If for some reason the Subscribers phone number is not available when the service is initially purchased ,
Pacific Telephone Company™ will NOT start the first month's service until the (FX) Foreign Exchange Line has been issued to the Subscribers account. Generally a (FX) Foreign Exchange
Line is issued immediately upon purchase but in some cases can take two (2) to ten (10) days or longer. Subscriber cannot order a number from Pacific Telephone Company™ without
purchasing service(s).
Fees and charges are published on the Pacific Telephone Company™ website and are subject to change without notice. Pacific Telephone Company™ may introduce new products and/or
services at special introductory pricing. Pacific Telephone Company™ reserves the right to bill Subscriber more frequently if the account is behind or in default.
(C) Fees upon Disconnection
Disconnection by Subscriber. If Subscriber attempts to disconnect service(s) before the end of the current service term, Subscriber is responsible for all charges in the current term,
including unbilled charges, plus any disconnection fee. In addition, if Subscriber disconnects service(s) that are based upon a predetermined commitment before the end of said commitment,
Subscriber agrees to pay Pacific Telephone Company™ the applicable recovery fees.
Disconnection by Pacific Telephone Company™ without reason. If Pacific Telephone Company™ discontinues Subscriber service(s) without a stated reason, Subscriber will only be
responsible for the charges that have accrued through the date of the disconnection including a pro-rated portion of the final service(s) term charges and any recovery fees.
Disconnection by Pacific Telephone Company™ with a reason. If Pacific Telephone Company™ disconnects Subscriber service for any valid reason, Subscriber will be responsible for all
charges through the end of the current service(s) term, including unbilled charges plus any disconnection charges and any recovery charges.
All charges owed at the time of disconnection will be immediately payable. Pacific Telephone Company™ will pursue collection for unpaid amounts on disconnected accounts and may report
these unpaid charges to the credit bureaus.
(D) Billing and Payment
Billing - When subscribing to the Pacific Telephone Company™ service(s), Subscriber must provide Pacific Telephone Company™ with a valid email address and an accepted payment
method. Pacific Telephone Company™ reserves the right to stop accepting the Subscribers payment method or the Subscribers payments. Subscriber must advise Pacific Telephone
Company™ immediately if the payment method expires, the account is closed, the billing address changes, the email address changes, or the payment method is cancelled and replaced due
to loss or theft. Except for usage-based charges, Pacific Telephone Company™ will bill in advance to the Subscriber payment method all charges, fees, taxes, and surcharges for each
service(s) term. Pacific Telephone Company™ will automatically charge the Subscribers credit card on file monthly or yearly from the day Pacific Telephone Company™ collected full
payment for service(s) and issued the (FX) Foreign Exchange Line phone number. If Subscriber chooses to pay by money order, then payment for monthly or yearly service must be
postmarked within 7 days of the billing due date.
Unused minutes for monthly plans.
At the end of each service month, any unused minutes remaining in your account will be forfeited. Minutes cannot be rolled over from one month to the next. At the
beginning of each months billing cycle, if your account is in good standing, your account will be recharged to the specified amount of minutes in your monthly rate
plan.
Payment - When subscribing to the Pacific Telephone Company™ service(s), Subscriber authorizes Pacific Telephone Company™ to collect from the Subscribers payment method. This
authorization will remain valid until 30 days after Subscriber terminates the Pacific Telephone Company™ authority to charge the Subscribers payment method. Pacific Telephone Company™
will charge Subscriber a disconnection fee and any other outstanding charges upon disconnecting the service.
(E) Collection
If Pacific Telephone Company™ disconnects the Subscriber service(s), Subscriber is responsible for all charges under this agreement and any costs incurred by Pacific Telephone
Company™ to collect said charges, including, but not limited to, collection agency fees, reasonable attorney's fees, and arbitration or court costs.
(F) Notices
Subscriber understands it is difficult for Pacific Telephone Company™ to distinguish between credit and debit cards. Subscriber agrees to waive all rights under Regulation "E" ELECTRONIC
FUND TRANSFERS of the Federal Deposit Insurance Corporation laws and regulations, to receive 10 days advanced notice from Pacific Telephone Company™ regarding the amount to be
debited from the Subscribers payment method. While Pacific Telephone Company™ may provide billing messages from time to time, Pacific Telephone Company™ is not obligated to do so.
Pacific Telephone Company™ may change or cease said messages at any time without notice to the Subscriber.
(G) Billing Disputes
If you want to dispute any Inmate Toll Busters charges on your statement, you must notify us within 7 days after you receive your statement from your bank or credit card issuer. If you do
not dispute the charges within 7 days, you waive any right to contest the charges. (1-866-966-8655)
(H) Taxes
Taxes are not included in Pacific Telephone Company™ service(s) pricing except in the initial set-up transaction fee. State and local governments may assess taxes, surcharges, or fees, or
all of these, on Subscriber use of Pacific Telephone Company™ service(s). These charges are based on the rates applicable to the address provided by Subscriber to Pacific Telephone
Company™. Subscriber is responsible for all applicable taxes, fees, or charges for the subscription, use or payment for Pacific Telephone Company™ service(s). These taxes and fees are
subject to change at any time.
(I) Cancellations & Refunds
Refunds are granted at the full discretion of Pacific Telephone Company™ and Pacific Telephone Company™ has the right to deny any and all refunds. Active accounts should be canceled
prior to the next monthly billing date so Subscriber will not be charged the next monthly service(s).
If applicable, accounts that are canceled within seven (7) days of setup may be refunded the initial monthly service and deposit. However, the set-up fee is non-refundable. Any minutes
used will be deducted from any eligible refund.
If Subscriber cancels the account after seven (7) days of service Subscribers final month's billing will not be prorated. Subscribers account will be canceled at the end of the current billing
cycle and the Subscribers payment method will NOT be billed again.
All setup fees, secondary line charges, service charges, & transfer charges are nonrefundable.
If Subscriber has paid for a full year in advance, and requests a refund within six months of the initial service payment, a refund may be processed. If Subscriber cancels after six months
of service Subscriber waives the right to a refund.
(J) Termination of Service
No one other than the account holder can authorize cancellation of the account. Accounts may be cancelled by contacting our Customer Service department at 866.966.8655 If an
appropriate form of termination is not used Subscriber will remain responsible for all costs and fees associated with the account.
(K) Promotional & Discount Funds
Promotional & Discount funds are non-refundable and must be used for their intended purpose only. Pacific Telephone Company™ may offer discounts or promotions from time to time. These
offers are non-refundable and non-transferable.
(L) Default/Negative Balance on Account
Should any Subscriber of Pacific Telephone Company™ service(s) have a negative balance on a pre-paid account for more than 30 days, Pacific Telephone Company™ will have the right to
assume the account is in default, reserves the right to close the account and proceed with a remedy for collection. Subscriber agrees to be responsible for any Pacific Telephone
Company™ and/or 3rd party collection company fees, attorney fees or any and all fees associated with the Subscribers default account. Reactivation of this account is only possible after
the negative balance is paid in full and any reactivation or late charges that may become due are also paid in full.
If this Agreement is terminated because of Subscriber default, Pacific Telephone Company™ may keep any charges or sums prepaid by Subscriber upon termination. Pacific Telephone
Company™ may require reactivation charges to renew Service after termination or suspension.
Any negative balance upon closing of the account shall have any outstanding balance charged to the credit card on file.
4. DISPUTE RESOLUTION AND BINDING ARBITRATION
It is important to thoroughly read and understand this entire section. This section provides for dispute resolution via a binding arbitration before a neutral arbitrator instead of a judge or jury.
(A) Disputes arbitrated by neutral parties.
An agreement to arbitrate is intended to be given the broadest possible meaning under the law including, but not limited to, disputes and claims arising out of or relating to any aspect of the
relationship between Subscriber and Pacific Telephone Company™, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that
arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and
claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which Subscriber is not a member of a
certified class; and disputes and claims concerning the scope of this arbitration provision. Reference to Pacific Telephone Company™ and Subscriber include our respective subsidiaries,
affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any
prior agreements between Subscriber and Pacific Telephone Company™.
(B) Waiver of Jury Trial
Subscriber and Pacific Telephone Company™ agree to waive the right to a trial by jury, by entering into this Agreement.
5. MONITORING
We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think it is necessary
in order to protect our service, Pacific Telephone Company™ or its parent, affiliates, directors, officers, agents, and employees from harm.
6. NO THIRD PARTY BENEFICIARIES
If you are not a part to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights.
7. ENTIRE AGREEMENT
This agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and Pacific Telephone
Company™. This agreement governs your use of our service, and the use of our services by the members of your household and your guests and employees. This agreement supersedes
any/all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
8. CHANGES TO THIS AGREEMENT
We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications, any
required notices, agreements, changes to agreements and other information Pacific Telephone Company™. It is the subscriber's responsibility to review the terms clearly posted on the
company website to be aware of any changes made. Changes will become binding on the date they are posted. When posted, this agreement supersedes all previously agreed to electronic
and written terms of service, including, without limitation, any terms. If you continue to use our service, we will consider this your acceptance of any changes.
9. PRIVACY POLICY
We do not share or sell your information with anyone in any way. We consider the privacy of our Subscribers to be our top concern and priority.
10. INDEMNITY
Subscriber agrees to defend, indemnify and hold harmless Pacific Telephone Company™, our directors, officers, employees, agents, vendors and affiliates from and against any and all
claims, losses, liabilities (including attorney fees), damages, costs and expenses, in any way arising from or related to Subscriber use of the service(s), your violation of this Agreement or
your communication of any content on or through the service(s). Subscriber agrees that Pacific Telephone Company™ shall not be responsible or liable in any way for deactivation or
deletion of accounts or for loss of voice mails, communications, e-mail, data or information as a result of, or arising out of, administration of the service(s), whether or not you are given prior
notice thereof. If Subscriber cancels the service, Subscribers' number(s) may be made available to other Subscribers.
11. PROPRIETARY RIGHTS
Pacific Telephone Company™ shall retain all right, title and interest to the service(s) including all copyrights, trademarks, patents and all other intellectual property rights thereto, including
without limitation with respect to all technology and telephone numbers used in connection with or provided as part of the service(s). Subscriber may not, nor allow any third party to,
access, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the service(s) for any purpose whatsoever. The copyright notices and
other proprietary legends shall not be removed from the service(s) and no right to use any trademark is granted under this Agreement. Subscriber may not grant any sublicense, lease or
other right in the service(s) to any third party. All rights not expressly granted under this Agreement are retained Pacific Telephone Company™.
12. COPYRIGHT & TRADEMARK
Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty
provisions. Infringement by you may result in civil or criminal prosecution.
13. DISCLAIMER OF WARRANTIES
WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, ANY WARRANTY. WE DO NOT
ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED, OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICE.
WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN SUBSCRIBERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon subscription of TOLL FREE SERVICE, TELEFAX, and VOICEMAIL Services, Pacific Telephone Company™ will hereby assign to you, an individual nonexclusive, non-transferable,
revocable license to access and use the Pacific Telephone Company™ service(s). Subscriber shall have no right to sell, resell, duplicate, copy, distribute, exploit for commercial purposes,
any portion, access, or use of the Pacific Telephone Company™ service(s); nor make any claim of such right. Unless stated otherwise, any new features provided by us that can enhance
the current Pacific Telephone Company™ service(s) shall also be subject to these terms and conditions. Pacific Telephone Company™ is not liable for any communications, information,
content and/or materials that Subscriber submits to the service and assumes all such responsibility and liability. Pacific Telephone Company™ shall have no responsibility for the transmission
or deletion of Subscriber Content. Pacific Telephone Company™ has the right to restrict termination to any telephone numbers at its sole discretion.
Subscriber is required to prepay all uses of this service. Subscriber also agrees not to use service for any unlawful or abusive purpose or in such a way that it creates damage to services'
reputation, employees, facilities, third parties or to the public in general.
Pacific Telephone Company™ provides our service(s) to Subscriber until said service(s) is cancelled. Your service term refers to the period of time for which Pacific Telephone Company™
will bill you in advance (for example: one month or one year). The service term is the term Subscriber selected from the options available when Subscriber signed up for our service. The
Subscriber first service term begins on the subscription date; which is the date Subscriber first ordered service, the date we gave you the phone number, or the date we successfully
processed your payment, whichever is later. Subscriber service will continue until canceled by Subscriber or Pacific Telephone Company™ as provided for herein. Please note that the
obligations of this agreement begin on your subscription date and are indefinite.
Subscriber service term automatically renews for the same term unless service(s) cancelled before the end of your then current service term. The renewal begins on the day after the last
day of your service term.
(A) Acceptable Use
Subscriber is solely liable for any transmissions sent through the Pacific Telephone Company™ service(s). Pacific Telephone Company™ has no control over the content of any
transmission nor will be liable for such content. Subscriber shall not use the service(s) to create or distribute any images, sounds, messages or other materials which are obscene,
harassing, racist, malicious, fraudulent, infringing or libelous, nor use the service(s) for any activity that may be considered or are unethical, immoral, abusive of any third party's rights, or
illegal. Furthermore, you will abide by all rules, regulations, procedures and policies of Pacific Telephone Company™ and any policies of the networks connected to the service(s).
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 the
Subscriber account or password, including the content of Subscriber transmissions through the service(s).
(B) No Directory Listings
The phone numbers provided by Pacific Telephone Company™ are available to be listed in telephone directories at the sole expense of the subscriber.
(C) Registration, Passwords and Privacy
In registering for the Pacific Telephone Company™ service(s), Subscriber agrees to provide and maintain accurate and complete contact and identification information. In registering,
Subscriber will designate a phone number or phone numbers and password and are responsible for maintaining the confidentiality of these items. If Subscriber provides information that is,
or that Pacific Telephone Company™ suspects to be false, inaccurate, incomplete or not current, Pacific Telephone Company™ has the right to suspend or terminate service(s) and refuse
any and all current or future use of all service(s). In addition, Pacific Telephone Company™ reserves the right to immediately disconnect Subscriber service at any time without notice.
Subscriber agrees to enter registered private telephone numbers that are controlled by or under the common control of the Subscriber. Pacific Telephone Company™ respects your privacy.
Subscriber must immediately notify Pacific Telephone Company™ if suspect of any breach of security such as loss, or unauthorized disclosure or use of Subscriber password and account.
3. TERMS
The term of this agreement is a month to month contract. The monthly fee charge is based on the plan Subscriber picked when setting up the account; even if the Subscriber does not
receive calls, the monthly fee will be still charged. Subscriber can cancel at any time. The term of the service shall continue for as long as the Subscriber continues to maintain an active
account and for as many months thereafter as Subscriber chooses to continue service. The agreement is only with the Subscriber. The account is non-transferable. The Subscriber is
responsible for paying all charges posted to their account; including monthly plan charges, deposits, and set up fees, overage minutes and any other charges associated with the account.
(A) Providing Information to Authorities & 3rd Parties
If Pacific Telephone Company™ believes the service has been used for an unlawful purpose, Pacific Telephone Company™ may forward the relevant communication and other information
including Subscriber identity, contact and credit card information to the appropriate authorities for investigation and/ or prosecution. Subscriber consents to the forwarding of any such
communications and information to any and all authorities including but not limited to Emergency 911 Service or Operator Assisted Calling.
Subscriber acknowledges and understands that Pacific Telephone Company™ does NOT allow Subscriber to access any 911, E911 or similar emergency services. Subscriber should
always have an alternative means for accessing 911 or similar emergency services. Pacific Telephone Company™ is not intended as a replacement of Subscribers primary phone service,
such as traditional landline or mobile phone.
The Pacific Telephone Company™ service(s) does not support 0+ or operator assisted calling including, without limitation, collect calls, third party billing calls, 900 or calling card calls. Pacific
Telephone Company™ service(s) may not support 411, 311, 511, and other x11 services in one or more service areas.
(B) Payment for Services
Pacific Telephone Company™ will charge Subscriber the rates in effect under the Subscriber plan as published on the XXX website, plus any enhanced service charges or taxes at the
time of subscription. Such rates may be updated by Pacific Telephone Company™ from time to time and will be effective when published on the Inmate Toll Busters website. Some charges
(including, but not limited to, surcharges and overage minutes) may accumulate in Subscribers account before being charged for such amounts. Subscriber billing cycle starts on the day the
(FX) Foreign Exchange Line is assigned to the Subscriber account. Subscriber agrees that all payments will be made to Pacific Telephone Company™ via a valid credit or debit card,
including MasterCard, VISA, American Express, or Discover. Pacific Telephone Company™ may change the accepted payment method at any time, at the sole discretion of Pacific Telephone
Company™. Subscriber name and address as it appears on the Subscribers account must also be on the credit account from which payment is made. If Subscriber provides a credit card
number that is accepted for payment of Subscribers monthly bill, Subscriber authorizes Pacific Telephone Company™ to charge the amounts owed, then or later, to that credit card account
and to demand immediate payment from the payment card issuer. Every time Subscriber uses the Pacific Telephone Company™ service(s), Subscriber re-affirms that Pacific Telephone
Company™ is are authorized to charge the Subscribers payment card. Subscriber agrees to authorize Pacific Telephone Company™ to charge purchases made online to the credit card
account supplied to Pacific Telephone Company™ when the subscription was initiated, or the card on file when the purchase is made. Subscriber agrees to pay all costs and expenses,
including without limitation, attorney's fees incurred by Pacific Telephone Company™ to collect any monies due under terms of this Agreement.
Subscribers first month's service is prepaid when the account is established. If for some reason the Subscribers phone number is not available when the service is initially purchased ,
Pacific Telephone Company™ will NOT start the first month's service until the (FX) Foreign Exchange Line has been issued to the Subscribers account. Generally a (FX) Foreign Exchange
Line is issued immediately upon purchase but in some cases can take two (2) to ten (10) days or longer. Subscriber cannot order a number from Pacific Telephone Company™ without
purchasing service(s).
Fees and charges are published on the Pacific Telephone Company™ website and are subject to change without notice. Pacific Telephone Company™ may introduce new products and/or
services at special introductory pricing. Pacific Telephone Company™ reserves the right to bill Subscriber more frequently if the account is behind or in default.
(C) Fees upon Disconnection
Disconnection by Subscriber. If Subscriber attempts to disconnect service(s) before the end of the current service term, Subscriber is responsible for all charges in the current term,
including unbilled charges, plus any disconnection fee. In addition, if Subscriber disconnects service(s) that are based upon a predetermined commitment before the end of said commitment,
Subscriber agrees to pay Pacific Telephone Company™ the applicable recovery fees.
Disconnection by Pacific Telephone Company™ without reason. If Pacific Telephone Company™ discontinues Subscriber service(s) without a stated reason, Subscriber will only be
responsible for the charges that have accrued through the date of the disconnection including a pro-rated portion of the final service(s) term charges and any recovery fees.
Disconnection by Pacific Telephone Company™ with a reason. If Pacific Telephone Company™ disconnects Subscriber service for any valid reason, Subscriber will be responsible for all
charges through the end of the current service(s) term, including unbilled charges plus any disconnection charges and any recovery charges.
All charges owed at the time of disconnection will be immediately payable. Pacific Telephone Company™ will pursue collection for unpaid amounts on disconnected accounts and may report
these unpaid charges to the credit bureaus.
(D) Billing and Payment
Billing - When subscribing to the Pacific Telephone Company™ service(s), Subscriber must provide Pacific Telephone Company™ with a valid email address and an accepted payment
method. Pacific Telephone Company™ reserves the right to stop accepting the Subscribers payment method or the Subscribers payments. Subscriber must advise Pacific Telephone
Company™ immediately if the payment method expires, the account is closed, the billing address changes, the email address changes, or the payment method is cancelled and replaced due
to loss or theft. Except for usage-based charges, Pacific Telephone Company™ will bill in advance to the Subscriber payment method all charges, fees, taxes, and surcharges for each
service(s) term. Pacific Telephone Company™ will automatically charge the Subscribers credit card on file monthly or yearly from the day Pacific Telephone Company™ collected full
payment for service(s) and issued the (FX) Foreign Exchange Line phone number. If Subscriber chooses to pay by money order, then payment for monthly or yearly service must be
postmarked within 7 days of the billing due date.
Unused minutes for monthly plans.
At the end of each service month, any unused minutes remaining in your account will be forfeited. Minutes cannot be rolled over from one month to the next. At the
beginning of each months billing cycle, if your account is in good standing, your account will be recharged to the specified amount of minutes in your monthly rate
plan.
Payment - When subscribing to the Pacific Telephone Company™ service(s), Subscriber authorizes Pacific Telephone Company™ to collect from the Subscribers payment method. This
authorization will remain valid until 30 days after Subscriber terminates the Pacific Telephone Company™ authority to charge the Subscribers payment method. Pacific Telephone Company™
will charge Subscriber a disconnection fee and any other outstanding charges upon disconnecting the service.
(E) Collection
If Pacific Telephone Company™ disconnects the Subscriber service(s), Subscriber is responsible for all charges under this agreement and any costs incurred by Pacific Telephone
Company™ to collect said charges, including, but not limited to, collection agency fees, reasonable attorney's fees, and arbitration or court costs.
(F) Notices
Subscriber understands it is difficult for Pacific Telephone Company™ to distinguish between credit and debit cards. Subscriber agrees to waive all rights under Regulation "E" ELECTRONIC
FUND TRANSFERS of the Federal Deposit Insurance Corporation laws and regulations, to receive 10 days advanced notice from Pacific Telephone Company™ regarding the amount to be
debited from the Subscribers payment method. While Pacific Telephone Company™ may provide billing messages from time to time, Pacific Telephone Company™ is not obligated to do so.
Pacific Telephone Company™ may change or cease said messages at any time without notice to the Subscriber.
(G) Billing Disputes
If you want to dispute any Inmate Toll Busters charges on your statement, you must notify us within 7 days after you receive your statement from your bank or credit card issuer. If you do
not dispute the charges within 7 days, you waive any right to contest the charges. (1-866-966-8655)
(H) Taxes
Taxes are not included in Pacific Telephone Company™ service(s) pricing except in the initial set-up transaction fee. State and local governments may assess taxes, surcharges, or fees, or
all of these, on Subscriber use of Pacific Telephone Company™ service(s). These charges are based on the rates applicable to the address provided by Subscriber to Pacific Telephone
Company™. Subscriber is responsible for all applicable taxes, fees, or charges for the subscription, use or payment for Pacific Telephone Company™ service(s). These taxes and fees are
subject to change at any time.
(I) Cancellations & Refunds
Refunds are granted at the full discretion of Pacific Telephone Company™ and Pacific Telephone Company™ has the right to deny any and all refunds. Active accounts should be canceled
prior to the next monthly billing date so Subscriber will not be charged the next monthly service(s).
If applicable, accounts that are canceled within seven (7) days of setup may be refunded the initial monthly service and deposit. However, the set-up fee is non-refundable. Any minutes
used will be deducted from any eligible refund.
If Subscriber cancels the account after seven (7) days of service Subscribers final month's billing will not be prorated. Subscribers account will be canceled at the end of the current billing
cycle and the Subscribers payment method will NOT be billed again.
All setup fees, secondary line charges, service charges, & transfer charges are nonrefundable.
If Subscriber has paid for a full year in advance, and requests a refund within six months of the initial service payment, a refund may be processed. If Subscriber cancels after six months
of service Subscriber waives the right to a refund.
(J) Termination of Service
No one other than the account holder can authorize cancellation of the account. Accounts may be cancelled by contacting our Customer Service department at 866.966.8655 If an
appropriate form of termination is not used Subscriber will remain responsible for all costs and fees associated with the account.
(K) Promotional & Discount Funds
Promotional & Discount funds are non-refundable and must be used for their intended purpose only. Pacific Telephone Company™ may offer discounts or promotions from time to time. These
offers are non-refundable and non-transferable.
(L) Default/Negative Balance on Account
Should any Subscriber of Pacific Telephone Company™ service(s) have a negative balance on a pre-paid account for more than 30 days, Pacific Telephone Company™ will have the right to
assume the account is in default, reserves the right to close the account and proceed with a remedy for collection. Subscriber agrees to be responsible for any Pacific Telephone
Company™ and/or 3rd party collection company fees, attorney fees or any and all fees associated with the Subscribers default account. Reactivation of this account is only possible after
the negative balance is paid in full and any reactivation or late charges that may become due are also paid in full.
If this Agreement is terminated because of Subscriber default, Pacific Telephone Company™ may keep any charges or sums prepaid by Subscriber upon termination. Pacific Telephone
Company™ may require reactivation charges to renew Service after termination or suspension.
Any negative balance upon closing of the account shall have any outstanding balance charged to the credit card on file.
4. DISPUTE RESOLUTION AND BINDING ARBITRATION
It is important to thoroughly read and understand this entire section. This section provides for dispute resolution via a binding arbitration before a neutral arbitrator instead of a judge or jury.
(A) Disputes arbitrated by neutral parties.
An agreement to arbitrate is intended to be given the broadest possible meaning under the law including, but not limited to, disputes and claims arising out of or relating to any aspect of the
relationship between Subscriber and Pacific Telephone Company™, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that
arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and
claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which Subscriber is not a member of a
certified class; and disputes and claims concerning the scope of this arbitration provision. Reference to Pacific Telephone Company™ and Subscriber include our respective subsidiaries,
affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any
prior agreements between Subscriber and Pacific Telephone Company™.
(B) Waiver of Jury Trial
Subscriber and Pacific Telephone Company™ agree to waive the right to a trial by jury, by entering into this Agreement.
5. MONITORING
We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think it is necessary
in order to protect our service, Pacific Telephone Company™ or its parent, affiliates, directors, officers, agents, and employees from harm.
6. NO THIRD PARTY BENEFICIARIES
If you are not a part to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights.
7. ENTIRE AGREEMENT
This agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and Pacific Telephone
Company™. This agreement governs your use of our service, and the use of our services by the members of your household and your guests and employees. This agreement supersedes
any/all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
8. CHANGES TO THIS AGREEMENT
We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications, any
required notices, agreements, changes to agreements and other information Pacific Telephone Company™. It is the subscriber's responsibility to review the terms clearly posted on the
company website to be aware of any changes made. Changes will become binding on the date they are posted. When posted, this agreement supersedes all previously agreed to electronic
and written terms of service, including, without limitation, any terms. If you continue to use our service, we will consider this your acceptance of any changes.
9. PRIVACY POLICY
We do not share or sell your information with anyone in any way. We consider the privacy of our Subscribers to be our top concern and priority.
10. INDEMNITY
Subscriber agrees to defend, indemnify and hold harmless Pacific Telephone Company™, our directors, officers, employees, agents, vendors and affiliates from and against any and all
claims, losses, liabilities (including attorney fees), damages, costs and expenses, in any way arising from or related to Subscriber use of the service(s), your violation of this Agreement or
your communication of any content on or through the service(s). Subscriber agrees that Pacific Telephone Company™ shall not be responsible or liable in any way for deactivation or
deletion of accounts or for loss of voice mails, communications, e-mail, data or information as a result of, or arising out of, administration of the service(s), whether or not you are given prior
notice thereof. If Subscriber cancels the service, Subscribers' number(s) may be made available to other Subscribers.
11. PROPRIETARY RIGHTS
Pacific Telephone Company™ shall retain all right, title and interest to the service(s) including all copyrights, trademarks, patents and all other intellectual property rights thereto, including
without limitation with respect to all technology and telephone numbers used in connection with or provided as part of the service(s). Subscriber may not, nor allow any third party to,
access, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the service(s) for any purpose whatsoever. The copyright notices and
other proprietary legends shall not be removed from the service(s) and no right to use any trademark is granted under this Agreement. Subscriber may not grant any sublicense, lease or
other right in the service(s) to any third party. All rights not expressly granted under this Agreement are retained Pacific Telephone Company™.
12. COPYRIGHT & TRADEMARK
Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty
provisions. Infringement by you may result in civil or criminal prosecution.
13. DISCLAIMER OF WARRANTIES
WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, ANY WARRANTY. WE DO NOT
ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED, OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICE.
WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN SUBSCRIBERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
| 1. INTRODUCTION Terms and Conditions of Service, hereinafter referred to as ("Agreement" "terms") constitute the entire Agreement between Pacific Telephone Company, hereinafter referred to as ("Pacific Telephone Company™" "we" "us" or "our") and the user of Pacific Telephone Company™' communication services , hereinafter referred to as "Subscriber" "you" or "your" with respect to Pacific Telephone Company™ services provided through the website and/or by speaking with a Customer Service Representative. By activating your account you acknowledge having read and accept the terms and conditions provided herein. It is the Subscriber's responsibility to review the terms clearly posted on the company website and stay aware of any changes made. Pacific Telephone Company™ does not use paper for "statements" or "Terms and Conditions of Service". Our terms are permanently posted on our website, however we may on occasion opt to email or post mail the terms and conditions to our customer base. We reserve the right to modify this Agreement at any time. Such modifications shall be effective upon posting on our website. By subscribing to the "Service", including any such future modifications, Subscriber agrees to be bound by this and any subsequent revised Agreement posted on our website at xxxxxx |
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| (FCC) Reg. FRN0019494061 CALIF Public Utility Comm. Reg. 1110 |
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