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Terms and Conditions

PennyTalk is a service provided by Net2Phone, Inc., a wholly owned subsidiary of IDT. Telecommunications services provided by IDT. By utilizing the PennyTalk service, Customer agrees to the following terms and conditions of use. A 99¢ monthly service fee applies to all accounts and is charged on each monthly anniversary of activation. Connection fee of 49¢ charged at the time each call is made and answer supervision is received. IDT may choose to waive the connection fee for calls made from the PennyTalk Mobile application. Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. All calls for which we receive answer supervision shall incur a minimum one-minute charge. Cellular surcharges may apply. Check with your cellular service provider for details. A payphone operator recovery fee of 90¢ will be applied to calls made from payphones. USF surcharge applies to total cost of each U.S. inter-state call. Rates and charges subject to change without notice. Check www.pennytalk.com for current rates, charges and terms of use.

 

The PennyTalk service is available for domestic and international calls. The PennyTalk Mobile application (available for iPhone, Android and BlackBerry) can only be used for international calls; it cannot be used for domestic calls, with the exception of dialing a domestic PennyTalk Save-orite phone number.

 

Net2Phone relies on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Where no answer supervision is received, we will commence billing forty (40) seconds following dial time unless the caller has terminated the call. You must notify us in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.

 

You assume total responsibility and risk for your use of the service. All services are provided on an "as is, as available" basis. Net2Phone and IDT disclaim any and all warranties and representations, express or implied, including without limitation all warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose. Net2Phone and IDT do not warrant that the service is completely error-free or will operate without packet loss or interruption nor does Net2Phone warrant any connection to or any transmission over the Internet. Net2Phone and IDT shall not be liable for any cost or damage arising from your use of or the failure of the service.

 

The account is non-transferable. Customer shall remain responsible for all charges for the service including, but not limited to, the use or misuse by an unauthorized third party, accidental use or loss of the card.

 

If you choose promotional alerts, you will receive up to 12 messages per month. Text STOP to 12345 to cancel. Text HELP to 12345 for help. Message and data rates may apply. Customer Support available at 888-311-8360. Our participating carriers include (but are not limited to) AT&T, Sprint, Verizon Wireless, U.S. Cellular®, T-Mobile®, & Metro PCS. Our privacy policy is available at: http://www.pennytalk.com/privacy_policy.

 

Customer agrees to timely inform Net2Phone of any unauthorized use or as to any changes in credit card account information and/or change of Customer's billing address. Net2Phone reserves the right at any time to cancel Customer's account for any reason. Your account will expire if it has no calls or payments for 90 consecutive days after reaching a zero balance.

 

This agreement shall be construed according to the laws of the State of New Jersey. Customer agrees to the exclusive jurisdiction of the federal and state courts of the State of New Jersey for any and all disputes arising hereunder.

 

All trademarks, service marks and related logos are the property of IDT Corporation. ©2013 IDT Corporation. All rights reserved.

PENNYTALK TERMS OF USE

The IDT Web Site is comprised of various Web sites and Web pages operated by IDT Corporation or its subsidiaries, affiliates and business partners (collectively, the "IDT Web Sites").

By using the IDT Web Sites, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use the IDT Web Sites. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of the IDT Web Sites following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Your use of a particular IDT Web Site included within the IDT Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").

Additionally, the IDT Web Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular IDT Web Site, then these terms shall control.

AGREEMENT TO RULES OF USER CONDUCT

By posting information in or otherwise using any communications service, chat room, virtual television channel, message board, newsgroup, software library, or other interactive service that may be available to you on or through our Web sites, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates IDT Corporation's rules or policies;

- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

- impersonates any person or entity, including any employee or representative of IDT Corporation.

You also agree that you will not harvest or collect information about the users or members of the IDT Web Sites or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.

You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.

IDT Corporation generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the IDT Web Sites. However, IDT Corporation and its agents have the right at their sole discretion to remove any content that, in IDT Corporation's judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate. IDT Corporation is not responsible for any failure or delay in removing such content.

THIRD PARTY SITES

The IDT Web Sites may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of IDT Corporation, and you acknowledge that IDT Corporation is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by IDT Corporation or any association with its operators.

Proprietary Rights

You acknowledge and agree that all content and materials available on the IDT Web Sites are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by IDT Corporation, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from the IDT Web Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from IDT Corporation is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the IDT Web Sites is strictly prohibited without the express written permission of IDT Corporation. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please email IDTLegal@corp.idt.net.

COPYRIGHT NOTICE

All contents of the IDT Web Sites are: Copyright (c) 1994 - 2013 IDT Corporation and/or its Content Providers, 520 Broad Street, Newark, New Jersey 07102 U.S.A. All rights reserved.

TRADEMARK NOTICE

IDT owns US trademarks and service mark registrations on Colombianita, Debit Talk, Dominicall, Genie, IDT, IDT and antenna design, La Universal, and Megatel. We also own trademark and service mark registrations overseas on Imperial Telecard and Genie. The company also has applications pending for the registration of service marks relating to its various operations, including, but not limited to, ABCGONLINE, Beep2Talk, Clic Aqui, Click2Reserve, Click2Take, Columbiana, Cyberspace Kids, Diplomatic Expo, EZ Road, FreeAtLast, FreeAtLast.Com, Gifts for Gab, Global America, Global Call, HealInc, Internet Industry & Design, IP Central Office, La Linea Latina, LogInData, Mega Mexico, Mexicall, Net2Dine.com, Net2Torah, Netventure, No One Does It For Less, NuBill, NuBill.Com, NuPage, NuSserve, Skipid, Nuestra Voz, The Wonder of Broadband, Traveler SOS, TV.TV, TV.TV Broadband Network, Virtual Dime, Webony, Webony.com, and ZeroDinero. Other products or services referenced herein are either trademarks or registered trademarks of IDT and or its affiliates or subsidiaries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

USER'S GRANT OF LIMITED LICENSE

By posting or submitting content to the IDT Web Sites, you:

- grant IDT Corporation and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, Web sites and for any purpose; and

- warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by IDT Corporation will not infringe or violate the rights of any third party.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

IDT Corporation, Inc., its subsidiaries, and affiliate companies respect the intellectual property of others, and we ask our Content Providers and those posting materials to the IDT Web Sites to do the same. If you believe that your copyrighted work has been copied and is accessible on the IDT Web Sites in a way that constitutes copyright infringement, please let us know right away by providing our copyright agent with the following information:

- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.

- a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

- identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Web Site where it is posted or the name of the book in which it has been published.

- identification of the URL or other specific location on the IDT Web Sites where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.

- your name, address, telephone number, and email address.

- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on the IDT Web Sites can be reached as follows: By mail: Diane Clark, Managing Attorney, IDT Corporation, Inc., 550 Broad Street, Newark, NJ 07102, U.S.A.

By phone: (973) 438-4167.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE IDT WEB SITES (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IDT CORPORATION, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE IDT WEB SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE IDT WEB SITES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL IDT CORPORATION, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE IDT WEB SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF IDT CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IDT CORPORATION'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by IDT Corporation, you agree to defend, indemnify, and hold harmless IDT Corporation and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the IDT Web Sites. IDT Corporation reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with IDT Corporation in asserting any available defenses.

INTERNATIONAL USE

IDT Corporation makes no representation that materials on the IDT Web Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the IDT Web Sites from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW & FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the IDT Web Sites shall be filed only in District Court, Southern District of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and IDT Corporation with respect to the IDT Web Sites and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and IDT Corporation with respect to the IDT Web Sites. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION

IDT Corporation reserves the right, in its sole discretion, to terminate your access to all or part of the IDT Web Sites, with or without notice.

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