FOR SPOOFCARD.COM PHONE SERVICE
This Customer Service Agreement (the "Agreement") sets forth all the terms and conditions associated with your use of the services offered by or through SpoofCard.com.
Your online acceptance of this Agreement will have the same legal effect as if you were providing a handwritten signature of acceptance.
TERMS AND CONDITIONS
1. Services Provided SpoofCard.com offers you, among other things, the ability to make local toll, domestic long distance and international telephone calls by using either a telephone or a computer. In addition, it offers conference calling (Group Spoofing), Call Recording and Caller ID Spoofing capability on voice calls. These services are provided on a pre-paid basis and do not require you to change your current telephone service provider(s) in order to use the services. A complete list of SpoofCard.com services can be found on the Website. SpoofCard.com is not responsible for reimbursement for calls made with another service while SpoofCard.com is temporarily unavailable.
2. Acceptable Conduct You agree to use the SpoofCard.com services only for purposes that are lawful in the jurisdictions where you are calling from and calling to. You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In particular, depending on the state or country in which you are located or the person you are calling is located, you may violate a country’s or a state’s law by listening in on or recording a telephone conversation without informing the other parties that you are doing so. In addition, it is a violation of U.S. law to, and you shall not, use the caller ID spoofing feature in connection with telemarketing or debt-collection calls. If SpoofCard.com concludes that you are spoofing a number to affect the results of a survey or contest conducted by a third party, its network equipment may complete the call after changing the number you have chosen to spoof, and SpoofCard.com may provide the third party with notice that the call has been spoofed (but not, except pursuant to subpoena or other legal process, the actual calling number or any personal information about you). SpoofCard.com reserves the right to immediately, and without notice, terminate or discontinue your Account and PIN in the event it determines in its sole discretion that you have committed fraud or violated any applicable law or regulation or any term or condition of this Agreement. In order to combat harassing or illegal conduct, including fraud and unauthorized access to voicemail, SpoofCard.com may monitor or record customers' calls, review customers' recordings stored on its servers, and provide call detail records or recordings to law enforcement agencies.
3. Opening an Account In order to become a SpoofCard.com customer, you must complete an application form on the Website, provide a valid PayPal account or credit card number and select a non-refundable, preset dollar value of service you wish to purchase. As part of the application, you will provide SpoofCard.com with a unique phone number and personal PIN. SpoofCard.com will then send you an electronic notification (in the form of an e-mail message) confirming that you have become a SpoofCard.com customer and the value of service you purchased for your SpoofCard.com account ("Account"). Alternatively, you can choose to use register your phone and use our new PINless dialing feature.
4. Usernames/[Passwords/Personal Identification Numbers YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME, PASSWORD AND PERSONAL PIN, AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT USING YOUR PASSWORD OR PIN WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. If you believe that your Account, Username, Password or PIN are being used in an unauthorized manner, you agree to contact SpoofCard.com within one calendar day so that appropriate action can be taken to modify your Account. Please be aware that account information will be sent to the email address that you have provided to SpoofCard.com. Therefore, you should use a secure email address. SpoofCard.com is not responsible for the actions of any person that accesses that email account. Please note that you are responsible for any and all charges to your account and SpoofCard.com cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card, password or PIN.
5. Access Numbers To access SpoofCard.com's services in the United States, you must dial either a local access number or one of our toll free access numbers . (If you dial the toll free number, you will be charged 1 extra credit per call (not per minute). If you have not set up PINless dialing, then after dialing an access number you must enter your PIN and then the destination telephone number. In other countries, there may be a charge to call the local access number. Before you use any local access number, check with your local telephone service provider to ensure that no toll charges are associated with calls to that local access number. SpoofCard.com will not reimburse you for any extra charges assessed by your local phone company as a result of dialing one of SpoofCard.com's access numbers.
6. Payment SPOOFCARD.COM'S SERVICES ARE PROVIDED ON A PREPAID BASIS. As you use SpoofCard.com's prepaid services, your Account will be debited accordingly. No prepaid services will be provided if your Account does not have a sufficient balance to cover the cost of the service SpoofCard.com does not issue refunds for billed services. SpoofCard.com is not responsible for overdrafts, over-limit, or any other situation relating to a customer's bank or credit card account balance.
7. Recharging Prepaid Account In the event you want to use services whose cost exceeds the remaining balance in your prepaid Account, you may access the Website and recharge (or supplement) your Account by purchasing additional service in non-refundable, preset dollar values. You also have the option at sign-up and in the control panel to set your Account to “auto-replenish.” If you select this feature, when your Account reaches a balance that you set, the system will automatically charge your credit card or PayPal account and replenish your SpoofCard Account by the amount you have selected.
8. PrePaid Rates SpoofCard.com's rates for prepaid services are listed on its Website and are incorporated by reference herein. You are responsible for checking all applicable rates/promotions before making any call using SpoofCard.com's services. Subject to the provisions of Paragraph 10 below, SpoofCard.com reserves the right, at its sole discretion, to modify its rates at any time and/or to offer special promotions. SpoofCard.com's prepaid rate structure is clearly outlined in the RATES section of the SpoofCard.com homepage, located at http://www.SpoofCard.com. .In addition, though it is not the intent of SpoofCard.com to raise its rates at any point in the future, should market conditions or factors outside of SpoofCard.com's control cause its costs or wholesale rates to some or all destinations to go up, SpoofCard.com reserves the right to adjust its rates accordingly.
9. Surcharges There is a 90-cent surcharge assessed on payphone calls. This surcharge covers charges imposed by the Federal Communications Commission to compensate owners for the use of their facilities to originate a phone call. Although a high percentage of callers do not complete their payphone calls (they hang up before entering a destination number), SpoofCard.com is still charged by the payphone operator for the toll free call. SpoofCard.com has included the average cost of these incomplete calls in this fee
10. Subscription Billing The subscription service is provided for a single monthly fee and is intended for personal use, not business use. You can register only one phone and all subscription service calls must be made from that phone. The subscription plan does not include (i) calls to destinations that incur a charge of more than one credit, (ii) SMS messaging, (iii) system access from a phone other than the registered phone, or (iii) use of the toll free access number. To use any of these SpoofCard features, you must use credits from a prepaid Account. SpoofCard may monitor your usage of the subscription plan and if it concludes that you are using a personal account for business purposes, it may, at its discretion, discontinue service or work with you to fashion a custom solution. There is no specific minimum that will trigger an investigation into business usage, and any usage over 1500 minutes a month will be deemed business usage and subject to service discontinuance without any further inquiry.
11. Features We may from time to time introduce new features to a Service or modify or delete existing features in our sole discretion. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the terms of this Agreement or any Service-specific rules concerning those features.
12. Email Notification You are responsible for maintaining a current email address and for reading email from SpoofCard.com so that we can notify you of updates to SpoofCard.com's service and any customer account information.
13. Billing Increments Charges for telephone calls are measured in whole minutes. All fractions of a minute are rounded up to the next whole minute (e.g., a call which lasts 25 seconds will be charged for one minute). Timing on calls begins when your call is connected . Timing terminates when SpoofCard.com's network receives an "on hook" signal from the terminating carrier. SpoofCard.com will not, and is not obligated to, provide refunds for any calls made using its service.
14. Billing Information SpoofCard.com does not send invoices to its customers. Instead, you have confidential access to your billing information - for the current month and the prior three months only - on the Website. You are responsible for printing out your monthly statements, and SpoofCard.com will not provide monthly invoices other than those available online.
15. Billing Disputes You must notify SpoofCard.com by e-mail of any disputed charges within thirty (30) days of the charge being posted to your Account. SpoofCard.com will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent SpoofCard.com determines, at its sole discretion, that a billing adjustment is warranted, your Account will be credited accordingly. If you fail to notify SpoofCard.com of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges.
16. Ownership of Account SpoofCard.com recognizes the person whose name is listed on the Account as the sole owner of the Account, even where payment on the Account is made using the credit card or PayPal account of a parent or other person.
17. Cancellation You may discontinue service at any time upon notice (either electronic or written) to SpoofCard.com. We will then shut down access to your Account. You will not be entitled to any refund of the unused balance in your Account if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service.
18. Termination SpoofCard.com reserves the right, at its sole discretion and for any reason, to (a) terminate this Agreement and your access to its services, upon one (1) day’s electronic notice and/or (b) to refuse to allow you to recharge your Account. If fraud is suspected, SpoofCard.com has the right to put an Account immediately on hold until further investigation takes place.
19. Government Taxes SpoofCard.com reserves the right to pass any new government taxes, fees or surcharges on to customers by changing its rates.
20. Limitation of Liability SPOOFCARD.COM SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. SPOOFCARD.COM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF SPOOFCARD.COM HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPOOFCARD.COM IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS. SPOOFCARD.COM IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. SPOOFCARD.COM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. SPOOFCARD.COM ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE SPOOFCARD SERVICES IN ANY COUNTRY.
21. No Warranties SPOOFCARD.COM DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PUPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT. SPOOFCARD.COM ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE LEGALITY OF THE USE OF ANY OF THE SPOOFCARD SERVICES IN ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA.
22. Force Majeure SpoofCard.com shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of SpoofCard.com.
23. Indemnity You agree to indemnify, defend and hold SpoofCard.com, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, your use of the WebSite or SpoofCard.com's services, or your transactions or communications with third-party vendors initiated via the Website.
24. Arbitration All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this agreement shall be submitted for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, New York. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.
25. Consent to Communications By entering into this agreement, you consent to the receipt of electronic mail ("e-mail"), text messages and customer service phone communication from SpoofCard.com. In addition to sending you e-mail notifications as provided for above, SpoofCard.com may also send you communications about services and products we believe may be of interest to you. You may opt out of future e-mails and text messages about products or services by contacting us by e-mail at [email protected] SpoofCard.com reserves the right, however, to continue to contact you regarding important information relating to your account, or this agreement.
26. Modifications/Amendments This agreement may be modified or amended by SpoofCard.com at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under "Terms and Conditions." Furthermore, you will be asked to verify acceptance of these terms when you sign up and recharge your account. YOUR CONTINUED USE OF YOUR ACCOUNT AFTER RECEIVING THE NOTICE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE OF ANY SUCH MODIFICATIONS.
27. Trademarks All corporate names, service marks, logos, trade names, trademarks, websites and domain names of SpoofCard.com (collectively "Marks"), including but not limited to "SpoofCard.com" are and shall remain the exclusive property of SpoofCard.com and nothing in this agreement shall grant you the license to use such Marks without the express written permission of SpoofCard.com. SpoofCard.com retains ownership and all rights to the SpoofCard.com name, logo, software, databases, reports, web site, and information. SpoofCard.com reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by SpoofCard.com. However, each individual user has the right to use the SpoofCard. name on their site to further promote the SpoofCard.com service to the Internet community at large if they so wish.
28. Severability If any provision of this agreement is held to be invalid, illegal or unenforceable, the remaining provisions will of this agreement will continue in full force and effect.
29. Integration - Entire Agreement This agreement, together with any written amendments or modifications, constitutes the entire agreement between you and SpoofCard.com with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and SpoofCard.com.
30. Governing Law This agreement, and all modifications/amendments thereto, shall be governed by the law of the State of New York, U.S.A., without giving effect to its conflicts of laws principles.
31. Disclaimer The materials contained on this web site are provided for general information and entertainment purposes only and do not constitute any form of advice. SpoofCard.com assumes no responsibility for the accuracy of any particular statement and accepts no liability for any loss or damage which may arise from reliance on the information contained on this site. Links to other web sites may at times be provided for your enjoyment, but SpoofCard.com accepts no responsibility or liability for access to or the material on any web site which is linked from or to this web site. By providing links to other sites, SpoofCard.com does not guarantee, approve or endorse the information or products available at those sites, nor does a link indicate any association with or endorsement of the linked site by SpoofCard.com.
32. Language All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
33. Email Marketing Please note: When you sign up for an account at SpoofCard, your email address is automatically entered into our newsletter database. The newsletter is generally sent out 2-3 a year, it offers coupon codes, sale items, feature products, and informative articles. Simply click on the unsubscribe button, found at the bottom of the newsletter, if you do not wish receive future newsletters. Email addresses are not sold or shared with other companies. They are used solely by SpoofCard.