This Agreement covers the terms and conditions that apply to the voice over Internet services that Megalink LLC. (Megalink) offers through Megalink LLC. affiliates or third party providers you, our customer. If you buy the Megalink LLC. VoIP products and services through Megalink LLC. affiliates or third party providers, you are the customer, along with anyone using our service, with or without your consent. By enrolling, activating, signing up for, paying for, or using our Voice over Internet Services (VoIP), you agree to these terms and conditions.
We may modify or cancel service or take corrective action at anytime without prior notice as a result of your violation of any of these terms and conditions. Terms and conditions may change from time to time, so please check the Megalink LLC. website, www.megalinktech.com to stay up-to-date.
You agree not to use Megalink LLC. services in any way that is illegal, fraudulent or abusive as determined by Megalink LLC.. You may not alter any of the hardware or software on your Megalink LLC. products and/or services.
Voice over Internet Services are provided by Megalink using the Megalink LLC. Network through Megalink LLC. phones purchased from Megalink LLC. or one of its affiliates or third party providers. You cannot use our service with any other phone or device. Airtime is intended for domestic and international calling anywhere you connect to the Internet. Local phone numbers and area codes (Virtual Numbers) may not be available in certain affiliate markets.
Quality of service may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions, Internet Service Providers, Wholesale Carriers, and/or Power outages. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service can be provided without interruption. We may give credit for continuous service interruption of more than 24 hours on a case-by-case basis, if such interruption was reasonably within our control, and if you notify Megalink LLC. at 626.796.7688 or send e-mail to:firstname.lastname@example.org within seven (2) days of the interruption.
For this Service to work properly, you must have the Megalink LLC. products and services and access to the Internet.
3. Service Distinctions.
You acknowledge and understand that the Service is not intended as a basic telephone service replacement. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced VoIP Service offering provided by Megalink LLC.. The Service is subject to different regulatory treatment than telephone service. This Service is not a local telephone service, regular long-distance telephone service and is not regulated by the FCC at this time. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies.
4. NO EMERGENCY SERVICES or 911 DIALING.
Non-Availability of Traditional 911 or E911 Dialing Service
You acknowledge and understand that the Service does NOT support traditional 911 or E911 access to emergency services. The Megalink LLC. phone and this Service should not be relied upon for emergency or 911 calls, and this phone or service does not replaceregular telephones or telephone service for emergency 911 calls.
We advise you to have a regular telephone available for emergency 911 calls.
If you use Megalink LLC. to attempt a 911emergency call anyway, you may be significantly delayed or routed to a call center far away from your actual location. If you do call 911 using Megalink LLC. even though we advise you to use a regular telephone to call 911, you must immediately tell the dispatcher your actual physical/geographical location and follow his or her instructions carefully.
Automated Number Identification
At this time in the technical development of Megalink LLC. 911 dialing, it may or may not be possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify your phone number when you dial 911. Megalink ‘s system is configured in most instances to send the automated number identification information; however, one or more telephone companies, not Megalink , route the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and PSAPs are not yet always technically capable of doing so. You acknowledge and understand that PSAP and emergency personnel may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
Automated Location Identification
At this time in the technical development of Megalink LLC. 911 Dialing, it is not possible to transmit identification of the address that you have listed to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you dial 911. You acknowledge and understand that you will need to state the nature of your emergency promptly and clearly, including your location, as PSAP and emergency personnel will NOT have this information. You acknowledge and understand that PSAP and emergency personnel will not be able to find your location if the call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
Alternative 911 Arrangements
You acknowledge that Megalink LLC. does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E911 services.
5. Service Outage
Power Failure or Disruption
You acknowledge and understand that Megalink LLC. service does not function in the event of a power failure or disruption. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service.
Broadband Service / ISP Outage or Termination / Suspension or Termination by Megalink LLC. or Megalink
You acknowledge and understand that service outages or suspension or termination of service by your broadband provider and/or ISP or by Megalink LLC. or Megalink will prevent ALL Service, but you will continue to be billed for the Service unless and until you terminate Service in accordance with this Agreement. You acknowledge that Megalink LLC. out-sources the actual Internet telecommunications through Megalink, who maintains the Voice over Internet switching infrastructure, and you acknowledge that Megalink LLC. will not be liable for any interruptions of service, failure of service or termination of service by Megalink .
Service Outage Due to Suspension of Your Account
You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service.
Megalink LLC. will not directly complete any calls to 1-900, 1-976 or other pay-per-call service.
6. Phone number
The phone number we assign to you is not your property. We may assign the phone number to another customer if you cancel service, your account becomes inactive, or service is terminated under this Agreement, or for technical reasons. There is no minimum period of time that the number will remain idle. We reserve the right to reassign the number any time after the number becomes available. We may have to assign you a different number during the term of this Agreement, but we will notify you in advance.
7. Your Old Phone Number
You may be able to switch an existing wire-line or wireless phone number to be your Megalink LLC. service number. The service, known as Local Number Portability (LNP) is available in certain areas. Please check with your service provider.
You can purchase a PSTN Telephone Number from Megalink LLC. separately. Since this is Internet Voice Services, the calling patterns are not driven by the traditional Area Code format. For example, you can live in California and have a telephone number with an Area Code from New York
While this may seem unusual, it is similar to your mobile phone where it rings wherever you have the mobile phone, regardless of the Area Code assigned. For example, with Megalink LLC., you can take your phone while you travel, say Europe, and when you plug into the Internet, your New York number will ring. Please refer to your service provider for further information on the Virtual Numbers available.
Annual subscriptions and any pre-payments (recharges) are non-refundable, regardless of who actually uses or possesses your phone after you buy airtime, and regardless of whether the phone usage is made with your consent or knowledge. Unused prepayments and annual subscriptions shall not be considered abandoned property under state escheat law but shall be considered payable to Megalink LLC. as liquidated damages.
Calls are billed in one-minute increments, with a minimum time per call of one minute. Billing for calls begins when you press the “send” or “talk” button, and ends when you hit the end key or both parties disconnect. All rates are subject to change without prior notice.
Please contact your service provider for more details.
9. Disputed Charges.
If you think there’s been an error in a charge posted to your account, you need to notify your service provider within 5 days after the charge is posted to your account balance to request an adjustment.
We charge by the minute, not by the month, and you must recharge your account to keep it active for calls to a non-Megalink LLC. phone. You can log on to your account and recharge your account with a credit card in various increments. Please contact your service provider for details.
Recharges are non-refundable.
11. Reactivation and Your Account
If after the first year you fail to recharge your account, or it is otherwise terminated under this Agreement, it will become inactive and you will have to reactivate it to continue calling. You may be assigned a new phone number. This feature is service provider dependant.
12. Lost or Stolen Equipment
If your phone is lost or stolen, you are responsible for charges incurred until you notify us or the service provider of the loss of your Megalink LLC. phone. Once you call us, your account will be suspended. Once you purchase a new Megalink LLC. phone, any money left in your old phone account will be transferred to your new Megalink LLC. phone account.
13. Copyright / Trademark / Unauthorized Usage of Device, Firmware & Software
The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Megalink LLC.’s website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of Megalink LLC. are and shall remain the exclusive property of Megalink LLC. and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that Megalink LLC. will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by Megalink LLC., which Megalink LLC. reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Megalink LLC. against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
15. LIMITATION OF LIABILITY
MEGALINK AND MEGALINK LLC. SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) BY REASON OF ANY ACT OR OMISSION IN OUR PROVISION OF PRODUCTS OR SERVICES. WE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY OTHER COMPANY FURNISHING A PART OF OUR SERVICE OR ANY EQUIPMENT PROVIDED FOR SUCH SERVICE – INCLUDING FOR ERRORS OR OMISSIONS OF ANY VENDORS PARTICIPATING IN OFFERS MADE THROUGH US – OR FOR ANY DAMAGES THAT RESULT FROM ANY PRODUCT OR SERVICE PROVIDED BY OR MANUFACTURED BY THIRD PARTIES. IN NO EVENT SHALL MEGALINK LLC. OR MEGALINK BE LIABLE FOR AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE PHONE AND SERVICE. SOME STATES PROHIBIT LIMITATION OF DAMAGES RESULTING FROM PHYSICAL INJURY OR DAMAGE AND YOU MAY HAVE ADDITIONAL RIGHTS THAN AS SET FORTH ABOVE.
You agree to indemnify and hold harmless Megalink LLC. and Megalink from any and all liabilities, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof resulting from your use of the Megalink LLC. and Megalink products and services) whether based in contract or tort (including strict liability) and regardless of the form of action.
17. LIMITED WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THE MATERIALS ACCOMPANYING THE MEGALINK LLC. PHONE, OR POSTED AT OUR WEBSITE WWW.MEGALINKTECT.COM. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO EMPLOYEES, REPRESENTATIVES OR AGENTS OF MEGALINK LLC., OR MEGALINK AFFILIATES, THIRD PARTY SERVICE PROVIDERS TO MAKE ANY WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. SOME STATES DO NOT ALLOW DISCLAIMER OF EXPRESS WARRANTIES AND YOU MAY HAVE ADDITIONAL RIGHTS THAN AS SETFORTH ABOVE.
You may notify us by mail at: Megalink LLC. (625 Fair Oaks Ave., Suite 383. South Pasadena, CA 91030), phone (626.796.7688) email to email@example.com or electronic means (via our Web site at www.megalinktech.com). Such notices will be considered effective after we receive them. Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via electronic messaging to your Megalink LLC. account.
19. Use of your subscriber information
We may, from time to time, use the information you provide us with to market services to you that may be related to our service offerings. We will always handle your information in a manner consistent with federal subscriber privacy laws and the Megalink LLC. and Megalink privacy policies included on this web site.
20. Choice of Law; Jurisdiction
Any complaint, arbitration or other legal action concerning these terms and conditions shall be interpreted under the laws of the State of Delaware , excluding the choice of law rules. Any dispute arising from the purchase or use of Megalink LLC. products and services shall be brought exclusively in the state or federal courts in the State of Delaware.
21. Entire Agreement
These terms and conditions constitute the entire agreement between you and Megalink LLC. with respect to our products and services and the terms and conditions under which they are offered and provided to you. These terms and conditions supersede all oral or written communications and understandings between you and Megalink LLC. with respect to our products and services to you and the terms and conditions under which they are offered and provided to you.
If any part of these terms and conditions is legally declared invalid or unenforceable, all other parts of these terms and conditions are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these terms and conditions.
23. No Third Party Beneficiaries
No provision of these terms and conditions provides any person or entity not a party to these terms and conditions with any remedy, claim, liability, reimbursement, or cause of action or create any other third party beneficiary rights.Rev.8.06