By becoming BlasterPhone customer you indicate that you accept these Terms and Conditions and agree to be bound by them:
1. Description of Service
BlasterPhone agrees to provide you with the capability to make telephone calls via the Internet as well as other Services pursuant to the terms and conditions of this Agreement. Some parts of the Service may be sponsored by a third party. BlasterPhone or its third party sponsors may provide free offers from time to time. However BlasterPhone or its sponsors may vary its offers, discontinue its free offers or modify or discontinue the Services provided at any time and without notice to you, without being liable for any losses or damages you may suffer as a result.
2. Modification to Terms of Service
BlasterPhone reserves the right in its absolute discretion at any time and without notice to you to amend, vary or discontinue any of its Services. It may also vary its Terms and Conditions including the price of our Services, at any time without notice to you. You will be notified of such changes by a posting on our web site, by notice with your bill, direct mail or by any other reasonable means. You agree that if you should use our Services after notice of any changes have been notified to you as provided in this clause, you will be deemed to have accepted such amendments and become bound by them. Your use of the Service at all times will be conditioned upon your consent and adherence to current Terms of Service of BlasterPhone.
3. Payment for Services
BlasterPhone will charge you for our Services at the current price in accordance with applicable tariffs, taxes and duties in force at the time you use our Services. Services are charged in seconds. Call charges will be rounded up to the next whole penny. Payment for the Service is not refundable in any case unless BlasterPhone terminates its Services while your account is in credit. However should your account be terminated for cause in accordance with the Terms and Conditions herein or for not using the Service for a continuous period of 3 months (see clause 7), you will not be entitled to any refund of credit on your account. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to contact the billing department. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.
4. Offer and Method of Acceptance
All information displayed on our web site and communication made to you by BlasterPhone constitutes an Invitation to Treat, and should in no way be construed as an offer or a unilateral contract. Prices and availability of Services are subject to change. You agree not to change these standard terms and conditions from the form presented to you by BlasterPhone. Your completion of our on line registration form constitutes the offer which BlasterPhone can decide to accept or reject. If BlasterPhone decides to accept your offer, acceptance will be effective once sent by BlasterPhone.
5. User Data
You agree that BlasterPhone may use your personal information data which your provided to it at the time of registration and amended by you subsequently, and to disclose your personal information to but not limited to the following, BlasterPhone’s agents, related companies, carriers, business partners, sponsors and regulatory authorities, for the purpose of administration and management of your account, research, technical support and marketing purposes. BlasterPhone will periodically ask you to update the personal information you have provided. You agree to provide such update when requested. Your credit card details will be kept for three months for security reasons. The information requested is subject to the Data Protection Act.
6. User Responsibilities
You are responsible for maintaining the confidentiality of your password and account details and for any and all activities that occur in the use of your account with BlasterPhone. You agree to immediately notify BlasterPhone of any unauthorized use of your account or any other breach of security known to you within 24 hours of discovering such unauthorized use of your account or breach of security. You may change your password at anytime by following the posted instructions. User agrees that the computer they are using for the BlasterPhone Service meets the Technical Requirements as set out on the Support page of the BlasterPhone web site. You are responsible for establishing and maintaining necessary connections to the World Wide Web at your own expense and for providing all equipment necessary for connection, including a computer and modem. You agree not to interfere with the use and enjoyment of the Service by other users, not to use the Service for illegal purposes, not to interfere with or disrupt the Service or servers or networks connected to the Service, to comply with all requirements, procedures, policies and regulations of networks connected to the Service and to comply with all applicable laws regarding the transmission of technical data. You agree that you are solely responsible for the content of your transmissions through the Service, agree not to transmit any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, defamatory, vulgar, obscene, tortuous or otherwise objectionable material of any kind. You agree not to transmit any material that violates the rights of another including, but not limited to, intellectual property rights, and agrees that you are solely responsible for obtaining any consent necessary to transmit any such material to another. You agree not to transmit any material that violates or promotes the violation of any applicable local, state, national or international law or regulation. You agree not to transmit “junk mail”, “chain letters”, “Spam” or unsolicited mass distribution of email. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. You agree not to attempt to compile or compile lists of BlasterPhone users for any reason or in any form. You agree not to transmit, insert, embed or knowingly cause computer viruses (or any code having virus-like effects) to the BlasterPhone web site, any web site linked to it’s website or to the accounts of any of its respective users. You agree not to resell the Service or use of or access to the Service. You agree to indemnify and hold BlasterPhone, its sponsors, its parents, subsidiaries, affiliates, officers and employees free from any claim or demand including attorney’s fees, made by any third party due to or arising out of your use of the Service, your connection to the Service and your violation of the terms and conditions of this Agreement, or your violation of the rights of a third party.
7. Termination of Services
You agree that BlasterPhone may terminate your password, account or use of the Service if BlasterPhone believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or that you have violated the rights of BlasterPhone, its sponsors, other users or third parties. You further agree that BlasterPhone reserves the right to terminate your password, account and use of the Service if you fail to use the Service at least once in a three-month period.
8. Phone Call Transmission and Other Limitations
BlasterPhone has set no fixed upper limit on the number of calls you may make through the Service. BlasterPhone will endeavor to transmit all your calls to the requested destination as long as your account is in credit, but however assumes no responsibility for failure to transmit any of your calls whatever the circumstances may be.
9. Links to External Sites, Banners and Advertisements
BlasterPhone may include commercial messages on its web sites. These may include links to external sites, banners and advertisements by BlasterPhone and its sponsors. You agree that BlasterPhone and its Sponsors shall not be responsible or liable directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or in reliance on any such content, goods or Services promoted on such commercial messages.
10. Sponsor/Advertiser and User Relationships
Your correspondence or participation in promotions of a Sponsor or other Advertiser promoted on our web site including payment and delivery of related goods and Services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the Sponsor or Advertiser. You agree not to hold BlasterPhone liable for any loss or damage of any sort incurred as the result of such dealings or as the result of the presence of such Sponsors or Advertisers on our web site.
11. BlasterPhone Proprietary Rights
You acknowledge and agree that all content, including but not limited to the text, software, music, sound, photographs, video, or other material contained in this web site and in a Sponsor’s or Advertiser’s advertisements and information presented to you through this Service or the Sponsor’s Service is protected by copyrights, trademarks, Service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only as expressly authorized by BlasterPhone, its Sponsors or Advertisers, and that you may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.
12. Disclaimer of Warranties
You acknowledge and agree that the use of this Service is at your sole risk and that the Service is provided on an “as is” and “as available” basis. BlasterPhone EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY, FUNCTIONALITY OR ANY OTHER ASPECT OF THE SERVICE OR ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICE. THERE ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. No advice or information whether oral or written, obtained by you from BlasterPhone or a Sponsor or Advertiser or through or from the Service shall create any warranty not expressly stated herein. Because some jurisdictions do not permit the exclusion of certain warranties, all of these exclusions may not apply to you.
13. EMERGENCY (911) CALLS
YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY / 911 CALLS ARE NOT INTENDED TO BE CARRIED BY THE SOFTWARE OR SERVICES AND THAT NEITHER BLASTERPHONE, ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, NOR ITS NETWORK SERVICES SUPPLIERS ARE OR WILL BE LIABLE FOR SUCH CALLS OR FOR YOUR FAILURE TO COMPLETE SUCH CALLS USING THE SOFTWARE OR SERVICES.
14. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BLASTERPHONE, ITS PARENT, ITS SUBSIDIARIES, IT’S SPONSORS, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANY PERSON CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT OUT OF THE USE OR INABILITY TO USE THE SERVICE, FROM ANY LOSS OR INACCURACY OF DATA, INCOME, PROFIT, REVENUE, BUSINESS, CONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF BLASTERPHONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BLASTERPHONE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. HOWEVER, NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY ON THE PART OF BLASTERPHONE FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE.
All notices to you or any party shall be in writing and may be notified by pasting it on the web site, via e-mail or conventional mail. BlasterPhone may broadcast notices or messages through the Service to inform you of changes to these terms and conditions, the Service, or other matters of importance; such broadcasts shall constitute notice to you. Except as otherwise expressly provided herein, any provision of this Agreement may be amended and the observance of any provision of this Agreement may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the written consent of BlasterPhone. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS LIABILITY AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL BARGAINED FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. This Agreement shall be deemed to have been made in, and shall be construed pursuant to the United States law without regard to conflicts of laws provisions thereof, and the United States courts shall have exclusive jurisdiction in relation to any disputes arising under this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred. The section headings in this Agreement are for convenience only and have no legal or contractual effect.