1. INTRODUCTION. The intent of Phone Power LLC's Acceptable Use Policy
(AUP) is improving the use of the Phone Power LLC services by proactively
preventing unacceptable use. All Phone Power LLC's customers and customers of
Phone Power LLC's customers or any downstream customers including visitors of
customers using Phone Power LLC services must comply with this AUP.
In consideration of providing VoIP services, Phone Power LLC 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 Phone Power LLC,
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 Phone
Power LLC. Phone Power LLC 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. Phone Power LLC reserves the right to refuse
service to anyone.
2. VIOLATIONS OF Phone Power LLC'S ACCEPTABLE USE POLICY. The following
are violations or Phone Power LLC's AUP:
- Illegal Use: As a user of Phone Power LLC, 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 to minors.
- 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 Phone Power LLC's
authorization.
3. TECHNICAL SUPPORT. Phone Power LLC assumes that the user has a basic
understanding of their computer. Phone Power LLC 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 Phone Power LLC agree that the law of the State
of California, U.S.A. will apply to all matters relating to this Agreement and
to Phone Power LLC, Inc. In addition, you and Phone Power LLC 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 Phone Power LLC, 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 Phone Power LLC's
service. If any part of this agreement is unacceptable to you, you must
immediately terminate your membership with Phone Power LLC. 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. Phone Power LLC 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.