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Terms and conditions
1010-565 (the "Service") is an online information and communications service provided to
you by Dial-Around Telecom, Inc. ("Dial-Around"), and subject to your compliance with the terms and conditions set
forth below including all exhibits hereto.
Please read this Agreement carefully before using the Service. By accessing or using
the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by
these terms and conditions, you may not access or use the Service. Dial-Around may modify this Agreement at any time,
and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the
Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed
your conclusive acceptance of the modified Agreement.
- Operating Policies. You agree to comply with the Operating Policies set forth in
Exhibit A (as they may be amended by Dial-Around from time to time), which are the rules that govern your activity
in connection with the Service. Dial-Around has the right but not the obligation to remove any communications and
materials that Dial-Around believes in its sole discretion violate the Operating Policies.
- Copyright, Licenses and Idea Submissions. The entire contents of the Service are
licenced under the United States telecom laws. The owner of the licenses is Dial-Around. You may print and download
portions of material from the different areas of the Service solely for your own non-commercial use. You agree not
to change or delete any proprietary notices from materials downloaded from the Service. You agree to grant to
Dial-Around a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for new or improved products and services) you
submit to public areas of the Service (such as bulletin boards, forums and newsgroups) by all means and in any media
now known or hereafter developed. You also grant to Dial-Around the right to use your name in connection with the
submitted materials and other information as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse against Dial-Around for any alleged or actual
infringement or misappropriation of any proprietary right in your communications to us.
- Use of the Service. You understand that, except for information, products or
services clearly identified as being supplied by Dial-Around, Dial-Around does not operate, control or endorse any
information, products or services on the Internet in any way. Except for Dial-Around -identified information, products
or services, all information, products and services offered through the Service or on the Internet generally are offered
by third parties that are not affiliated with Dial-Around. You also understand that Dial-Around cannot and does not
guarantee or warrant that files available for downloading through the Service 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 Service for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the Service and the Internet.
Dial-Around does not make any express or implied warranties, representations or endorsements whatsoever (including without
limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular
purpose) with regard to the Service, any merchandise, information or service provided through the Service or on the Internet
generally, and Dial-Around shall not be liable for any cost or damage arising either directly or indirectly from any such
transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice,
services, merchandise and other information provided through the Service or on the Internet generally. Dial-Around does not
warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service
and any software made available on the Service are provided on an "as is, as available basis."
In no event will Dial-Around 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 or information, and the like) arising out of the use
of or inability to use the Service, or any information, or transactions provided on the Service or downloaded or hyperlinked
from the Service, even if Dial-Around 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 Service. Because some states do not allow the exclusion or limitation of liability
for consequential or incidental damages, the above limitation may not apply to you. In such states, Dial-Around's liability is
limited to the greatest extent permitted by law
- Indemnification. You agree to indemnify, defend and hold harmless Dial-Around, its officers,
directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
- Third Party Rights. The provisions of paragraphs 3 (Use of the Service), and 4 (Indemnification)
are for the benefit of Dial-Around and its officers, directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
- Term; Termination. This Agreement may be terminated by either party without notice at any time
for any reason; provided that you may no longer use the Service after you have terminated this Agreement. The provisions of
paragraph 2 (Copyright, Licenses and Idea Submissions), 3 (Use of the Service), 4 (Indemnification), 5 (Third Party Rights)
and 7 (Miscellaneous) shall survive any termination of this Agreement.
- Miscellaneous. This Agreement shall all be governed and construed in accordance with the
laws of the state of Florida without regard to choice of law principles. Any civil action or other legal proceeding arising
out of or relating to this Agreement or any dealings between you, on the one hand, and Dial-Around and/or Dial-Around officers,
directors, employees, or agents on the other hand, whether brought before or after any termination of this Agreement, shall be
brought and heard only in Dade County, Florida and the parties hereto expressly waive any rights under any law or rule to cause
any such proceedings to be brought or heard in any other location. You consent to jurisdiction in any state or federal court
located in Dade County, Florida in any legal proceeding arising out of or relating to this Agreement.
Any claim or cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is barred Dial-Around'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. Dial-Around may assign
its rights and duties under this Agreement to any party at any time without notice to you.
Exhibit A
Operating Policies. Your participation in on-line communications occurs in real time and is
not edited, censored, or otherwise controlled by Dial-Around. Dial-Around cannot and does not screen content provided by users
of the Service. Notwithstanding the foregoing, Dial-Around reserves the right to monitor content on the Service and to remove
content which Dial-Around, in its sole discretion, determines to be harmful, offensive or otherwise in violation of these
Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Service
and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others,
or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
- (a)
- Unless you are participating in an area of the Service that requires or encourages anonymity, use your real name in online
communications. You may not falsify user information provided to Dial-Around or to other users of the Service in connection with
the use of a Dial-Around Service.
- (b)
- You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning
any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
- (c)
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including
unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or
service marks used in an infringing fashion.
- (d)
- You may not interfere with other users use of the Service
- (e)
- You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features
- (f)
- You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Service's intent to discourage
you from taking controversial positions or expressing vigorously what may be unpopular views; however, Dial-Around reserves the right to
take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive
and/or harmful.
- (g)
- You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may
not post or transmit any advertising, promotional materials or any other solicitation of other users of the Service for goods or services
except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- (h)
- You may not send unsolicited mass emailings to ten (10) or more people if such e-mail could reasonably be expected to provoke complaints.
- (i)
- You may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any illegal activity or
other activity which infringes the rights of others
- (j)
- You may not engage in any of the foregoing activities by using the service of another provider, but channeling such activities through
a Dial-Around account, re-mailer, or otherwise through a Dial-Around service or using a Dial-Around account as a mail drop for responses.
You may not use the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's
service could reasonably be expected to adversely affect a Dial-Around service.
Dial-Around considers the above practices to constitute abuse of our service and of the recipients of any recipients of any such unsolicited
mailings and/or postings, who often bear the expense. Therefore these practices are prohibited by the terms and conditions of Dial-Around's
User Agreement. Engaging in one or more of these practices will result in termination of the offender's account and/or access to Dial-Around
services.
In addition, Dial-Around reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above
before they are forwarded or otherwise sent to their intended recipients.
Nothing contained in these Operating Policies shall be construed to limit Dial-Around's actions or remedies in any way with respect to any of
the foregoing activities, and Dial-Around to such activities, including without limitation taking action to recover the costs and expenses of
identifying offenders and removing them from the Dial-Around service, and levying cancellation charges to cover Dial-Around's costs in the event
of disconnection of dedicated access for the causes outlined above. In addition, Dial-Around reserves at all times all rights and remedies
available to it with respect to such activities at law or in equity.
Rates and Billing
Rates are subject to change. Rates will not update automatically with the introduction of a new standard product rate plan.
Calls are billed in one minute increments with partial minutes rounded up to the next minute. International Special Services
termination rates may apply for calls terminating to mobile devices, military bases, other wireless devices including pagers,
personal computers, personal digital assistants and to toll services such as Information Services (automated systems like banking
information) and premium rate numbers (such as betting lines and Lottery results). The service is subject to a $1.99 LEC billing recovery fee.
Federal USF fees apply on all services. Customers will receive their charges on the Dial-Around Telecom Bill Page of the Local
Exchange Carrier Bill.
Additional help and resources are available by calling Dial-Around Telecom customer
service toll free at 1-888 331-0565 or 1-305 375-7585
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Available in most areas. Rates exclude governmental taxes and fees, including the Universal Service Fund,
similar state funds, and LEC Billing Recovery Fee ($1.99/bill). All calls will be charged in 1 minute increments. Interstate and international rates are subject
to change without prior notification. We take your Privacy seriously. No part of this web site may be reproduced in any form without written permission.