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Terms and Conditions:
By subscribing to and/or using ClassAdd/MyClassAdd services, you agree to the following terms and conditions:
1. GENERAL. Carrier Services provided by Elite Telecom. Rates and charges for services provided are available at the
ClassAdd/MyClassAdd website. Read the FAQ's for other important information
on the services. Rates, fees, taxes, and surcharges are subject to change
without notice except where prohibited by law. Consult customer service or
applicable tariff for current rates, fees, taxes or surcharges. No
connection fees. Directory assistance is $1.00 per call. Payphone
surcharge is $0.75 per call. Government/carrier imposed taxes, fees and
surcharges apply to each call except where prohibited by law. International
cellular calls billed at higher rates. Not responsible for lost, stolen or
misused cards/accounts. Except where prohibited by law, no refunds and no
returns. Expires 180 days after last use.
2. Neither Elite Telecom nor NetworkIP has control over the content of the
information transmitted through its accounts. Elite Telecom & NetworkIP do
not (i) represent or endorse the accuracy or reliability of any opinion,
advice or statement made through a ClassAdd/MyClassAdd account, (ii) assume
any liability for any harassing, offensive or obscene material distributed
or received through a ClassAdd/MyClassAdd account, or (iii) assume any
liability for any material distributed through a ClassAdd/MyClassAdd account
which is distributed in violation of any third party's copyright or other
intellectual property right.
3. Customer shall not use any Elite Telecom or NetworkIP services for any
unlawful purpose and shall use either the Elite Telecom or NetworkIP
services in accordance with the instructions set forth in the website.
Customer is expressly prohibited from using the Services to transmit any
unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane,
hateful, or otherwise objectionable information of any kind, including, but
not limited to, encouraging conduct that would constitute a criminal
offense, infringe third party rights, give rise to civil liability or
otherwise violate any local, state, national or other law. Customer may not
use the Services to upload, post, reproduce or distribute, in any way, any
information, software or other material protected by copyright or any other
intellectual property right without first obtaining the permission of such
right by holder.
4. Customer agrees to comply with all applicable laws, regulations, or
conventions including those related to data privacy, international
communications, and exportation of technical or personal data.
5. LIMITATION OF LIABILITY. As a material inducement for Elite Telecom to
provide the services hereunder, Customer agrees that UNDER NO CIRCUMSTANCES,
INCLUDING NEGLIGENCE, SHALL ELITE TELECOM OR NETWORKIP OR ANYONE ELSE
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
6. ELITE TELECOM & NETWORKIP MAKE NO EXPRESS OR IMPLIED WARRANTIES TO
CUSTOMER AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR
FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVICES PROVIDED. ELITE TELECOM &
NETWORKIP EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A
PARTICULAR PURPOSE.
7. EFFECTS OF TARIFFS. Any and all tariffs and related provisions are made a
part of this Agreement and shall control any inconsistency between the
tariff and the terms and conditions of this Agreement.
8. INDEMNIFICATION. Customer shall defend, indemnify and hold harmless Elite
Telecom & NetworkIP, its officers, directors, employees and agents from any
breach of this Agreement, use of Customer's account or in connection with
the placement or transmission of any message, information, software or other
content using the Services. Elite Telecom & NetworkIP shall give written
notice of any such claim, action or demand within a reasonable time. Elite
Telecom & NetworkIP shall be defended by attorneys of their choice at
Customers's expense.
9. The headings of the sections of this Agreement are inserted solely for
convenience and are not intended to be part of, or affect the interpretation
or meaning of this Agreement.
10. LAW & ARBITRATION. This Agreement shall be governed by and construed in
accordance with Texas State law.
11. SEVERABILITY. If any provision or portion of this Agreement shall be
held invalid under any applicable laws, such invalidity shall not affect any
other provision of this Agreement that can be given effect without the
invalid provision or portion, and, to this end, the provisions or portions
hereof are severable.
12. NO WAIVER. The failure of either party at any time, or from time to
time, to require performance of any obligation under this Agreement shall in
no manner affect the right of either party to enforce any provision of this
Agreement at a subsequent time and shall not be construed as a waiver of any
subsequent breach of that same provision.
13. The purchase of this account and the use of the Services assume that
Customer has read and agrees to the terms in this Agreement. Elite Telecom
reserves the right to suspend or terminate the Services if Elite Telecom, in
its sole discretion, believes Customer is using the Services to engage in
conduct which interferes with other Elite Telecom Customers' use of the
services, is harmful to Elite Telecom, or third parties, or is otherwise in
violation of this Agreement.
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