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Terms & Conditions
Orbitfone ("Orbitfone"), provides Internet phone Services (the "Service" or "Services") through http://www.Orbitfone.com (the "Site" or "Website"). These Services include the ability to download and use PC-to-Phone software (the "Software"), purchase Broadband Phone, PC to Phone, or Virtual Calling Card accounts, manage existing user accounts, and other Services. The Site is owned and operated by Orbitfone; your use of this Site is subject to your compliance with the Terms of Use set forth below, including the attached End User License Agreement and all exhibits hereto.
Please read these Terms of Use, End User License Agreement, and Privacy Policy prior to using the Site or Services, or downloading the Software. By using any of the above, you agree to be bound by all of the Terms of Use set forth herein. If you do not wish to be bound by these Terms of Use, you may not access or use the Site, Services, or Software. deltathree may modify the Terms of Use, Privacy Policy, or End User License at any time without notice and such modifications shall be deemed effective immediately upon posting. You agree to review the Terms of Use periodically to be aware of such modifications and your continued use of the Site, Services, and Software shall be deemed your conclusive acceptance of the modified Terms of Use.
SERVICE
Orbitfone offers Voice over Internet Protocol (VoIP, Voice over IP) enabled telephone service, including outbound calling, inbound
phone numbers, and related telephony features. Service is offered on a prepaid basis. Accounts not subject to Automatic Recharge are not
subject to expiration as long as funds remain in the account.
If Orbitfone suspects fraudulent use of your account, it may be suspended or terminated without notice.
In no event will Orbitfone be liable for 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 Site, Software or Services, or any transactions provided on, or hyperlinked, from the Site, even if Orbitfone or its authorized representatives have been advised of the possibility of such damages, or any claim attributable to errors, omissions, or other inaccuracies in the Services and/or materials or information downloaded through, or hyperlinked from, the Site.
PAYMENT and BILLING
You authorize any charges incurred from the use of your Orbitfone account to be billed to you through your account or credit card. You may use the Orbitfone account only so long as your account or credit card remains valid and in good standing. You agree to pay for all charges incurred by use of the Orbitfone account issued to you and comply with all other terms and conditions set forth herein.
In order to protect our customers from fraudulent credit card usage we have developed a sophisticated verification process that we run at sign up and registration. Due to this process it can take up to 48 hours from registration, for your funds to be available in your account.
Your Orbitfone account must not be used after your account or your or credit card has expired or has been withdrawn, revoked, or
terminated. You continue to be responsible to Orbitfone for any charges resulting from the use of your Orbitfone account after your
charge or credit card has been terminated, or after you revoke your authorization to bill your account, which charges will be payable
immediately to Orbitfone.
Charges for the Service will be rated and charged in accordance with the rates provided herein or any promotional offer during the
published terms of such offer by Orbitfone as provided in our price list. Our rates are calculated per second. Certain federal, state,
provincial, municipal, local or other governmental sales, use, excise, value added, personal property, public utility or other taxes,
fees or charges now in force or enacted in the future, may apply, or become applicable from the use of the Orbitfone accounts and you
will be responsible for any such Taxes. Applicable Taxes will be deducted from your account balance or charged directly to your credit
card.
All prices are subject to change without prior notice. Our rates may not include additional charges you may receive for originating a call from a cell phone.
Should your debit account balance drop below $2.50, your credit card will automatically be recharged in the amount specified by you during sign up, unless your account is not subject to Automatic Recharge. All prices are subject to change without prior notice.
BONUSES
All bonuses given due to amount of charge will be activated only after completion of the aforementioned charge. If the bonus is not utilized within 60 days (unless stated otherwise) any unused bonus funds will expire.
All bonuses given due to minutes usage will be activated after the defined usage and will not expire.
Orbitfone reserves the right to change and/or add new types of bonuses and to change the expiration period of the existing types of bonuses.
REFUNDS AND RETURNS
If you are unsatisfied with the Orbitfone service you have purchased, you may request a return of unused funds in your Account Balance within 90 days of your credit card charge. Such funds include those you paid for only and do not include bonuses or other promotional additions to your Account Balance. A $2 refund processing fee will be incurred for all refunds processed (excluding refunds under the terms of the Money Back Guarantee). A refund will be credited for any unused amount in your account after payment of any monthly fees or usage charges.
Money Back Guarantee
Orbitfone offers a comprehensive money-back guarantee to ensure that you are satisfied with your purchase. The money back guarantee is available if you cancel service within 30 days of account activation and if you have not exceeded 50 minutes of usage. If you meet these requirements, Orbitfone will refund the charges for monthly and activation fees.
LEGAL
Orbitfone does not warrant that the Services are completely error free or will operate without packet loss or interruption nor does Orbitfone warrant any connection to or any transmission over the Internet. Orbitfone makes no representation or warranty express or implied including but not limited to any warranty of merchantability or fitness for a particular purpose or as to the quality of the call. Use of the Services shall be in accordance with the Terms of Use attached hereto. User agrees to be responsible for payment of all applicable charges on the undersigned's detail report incurred as a result of the use of user's Orbitfone debit account, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. In no event will Orbitfone be liable for any indirect, special, incidental, or consequential losses or damages arising in any manner from the use of the Orbitfone Services.
Orbitfone logos featured on the Site are trademarks of Orbitfone and may not be used, duplicated, or distributed without the written consent of Orbitfone.
Information on the Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Orbitfone may also make improvements and/or changes to the Site, Software or Services at any time without notice.
All images, text, Software, programs and other materials found in the Website are protected by the United States copyright laws. Any commercial use of the images, text, Software, programs or other materials found in the Website is strictly prohibited without the express written consent of deltathree.
The Software that is made available to download from this Site is the copyrighted work of Orbitfone and/or its suppliers. Use of the Software is governed by the terms set forth in the End User License Agreement set forth below.
Any reproduction or redistribution of the Software not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.
Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Orbitfone Website may be copied or retransmitted unless expressly permitted by Orbitfone.
Any links available on this Site will enable you to leave the Site. The linked sites are not under the control of Orbitfone and Orbitfone 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. It is up to you take precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature. Orbitfone is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Site. Additionally, other marks that appear on this Site may be marks of third parties that are not affiliated with Orbitfone. Neither Orbitfone nor its affiliates control or endorse the content of third party websites. In no event will Orbitfone be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or on any other hyper linked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
Orbitfone cannot and does not guarantee or warrant that the files available for downloading from the Site will be free of infection or viruses, worms, trojan horses or other code that 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, Services and the Internet.
You agree to indemnify, defend and hold Orbitfone, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Site, Software or Services from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use, including the End User License Agreement set forth below. The provisions of this paragraph are for the benefit of Orbitfone and its officers, directors, employees, agents, shareholders, licensors, 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.
These Terms of Use shall be governed and construed in accordance with the laws of the State of Delaware. You agree that in any legal
action or proceeding between you and Orbitfone for any purpose concerning these Terms of Use, you agree to submit to exclusive
jurisdiction in Delaware and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to
the Site, Software or 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. Orbitfone’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be
construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to
modify any provision of these Terms of Use. Orbitfone may assign its rights and duties under these Terms of Use to any party at any time
without notice to you.
All services provided by Orbitfone hereunder are provided "as is". deltathree , its affiliates, contractors, suppliers and agents make
no warranties, express or implied, and specifically disclaim any warranty of merchantability or fitness for a particular purpose or any
warranty of intellectual property non-infringement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY USING THE SITE, SOFTWARE AND SERVICES YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.
For further information, including information on Orbitfone's Price Plans or Broadband Phone, PC-to-Phone, or Virtual Calling Card Services, please consult our Frequently Asked Questions.