1. INTRODUCTION. The intent of Quality Speaks LLC dba
Acceptable Use Policy (AUP) is improving the use of the PhonePower.com services
by proactively preventing unacceptable use. All PhonePower.com's customers and
customers of PhonePower.com's customers or any downstream customers including
visitors of customers using PhonePower.com services must comply with this AUP.
In consideration of providing VoIP services, PhonePower.com shall charge to the
customers a periodic fee as stated in this agreement. The periodic fee shall be
subject to change upon thirty days written notice. As a user of PhonePower.com,
you agree that you are at least 18 years of age (or have permission from a parent
or guardian to use this service) and will abide by the policies of PhonePower.com.
PhonePower.com may cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil wrong. Violating any terms
listed in this AUP may result in suspension or termination or your account without
notice. PhonePower.com reserves the right to refuse service to anyone.
2. VIOLATIONS OF PhonePower.com's ACCEPTABLE USE POLICY. The following
are violations of PhonePower.com's AUP:
- Illegal Use: As a user of PhonePower.com, you agree not to use the service
in a manner that violates any local, state or federal law.
- Harm to Others: Using the services to harm others, including but not limited
- Threats & Harassment: You agree not to use the service for abusive, profane,
libelous, slanderous, threatening or otherwise harassing calls.
- Fraudulent Activity: Using the service to make or participate in fraudulent
activity including financial scams.
- Copyright or Trademark Infringement: Using the service to transmit any material
that infringes any copyright, trademark, patent, trade secret, or other propriety
rights of a third party.
- Collection of Personal Data: Using the Services to collect, or attempt to
collect, personal information about third parties without their knowledge or consent.
- Reselling the Services: Reselling the Services without PhonePower.com's
- Excessive Use on Residential and Small Business Accounts:PhonePower.com allows
up to four (4) lines on Residential and Small Business Freedom plans. Accounts with
more that four (4) lines may be converted to a multi-line Business account or be
terminated at PhonePower.com's discretion.
3. TECHNICAL SUPPORT. PhonePower.com assumes that the user has a basic understanding
of their computer. PhonePower.com will not train users in basic computer skills
such as, but not limited to deleting files or creating directories. Technical support
is intended to facilitate the setup of your properly functioning computer system
for access to our services. Your computer must recognize your modem or network card,
and receive a dial tone or network link connectivity before any technical support
will be dispensed. Our technical support staff is not trained to and will not assist
you in installing and/or troubleshooting modems, network cards, routers, complex
network configurations or telephone lines.
4. BILLING. There is no money back guarantee for any services unless specifically
written in a special one time promotion. There are no pro-rated refunds for unused
time. Accounts that are more than 1 (one) day delinquent in payment may be suspended
until payment has been received. Your account is not "monitored" for inactivity
and we do not assume that you wish to cancel if you have not used your account.
Customer is responsible for any disputed charges beyond 60 days from the date of
the charge. All accounts suspended for non-payment are subject to a $15.00 re-activation
fee. Any accounts who go into collections status will be transferred to a collections
agency and incur a $25.00 processing fee.
5. CHOICE OF LAW. You and PhonePower.com agree that the law of the State
of California, U.S.A. will apply to all matters relating to this Agreement and to
PhonePower.com, Inc. In addition, you and PhonePower.com agree and consent that
the courts of Los Angeles County, California, U.S.A. will have exclusive jurisdiction
and be the exclusive venue for any legal actions relating to this Agreement or to
the services provided hereunder. Customers agrees to defend, indemnify and hold
harmless PhonePower.com, its officers, directors, employees, agents and licensees,
from any claims and expenses, including reasonable attorney's fees, arising
out of or relating to member's use of PhonePower.com's service. If any part
of this agreement is unacceptable to you, you must immediately terminate your membership
with PhonePower.com. This agreement shall automatically renew on the stated periodic
basis unless terminated by either party giving the other thirty days written notice.
6. REVISIONS TO THIS AUP. PhonePower.com reserves the right to revise, amend,
or modify this AUP and our other policies and agreements at any time and in any
manner. Notice of any revision, amendment, or modification will be posted in accordance
with the Internet Service.