Terms and Conditions For Use Of TELEASY Terminals, Services and Website



BY CLICKING ON THE “START” BUTTON OR BY USING ANY OF THE TELEASY SERVICES (INCLUDING, WITHOUT LIMITATION, THE TELEASY FREE OR PAY INTERNET ACCESS SERVICES, SOFTWARE OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY TELEASY, EMAIL SERVICES AND ANY SERVICES PROVIDED ON ANY OF THE WEB SITES MANAGED OR OWNED BY TELEASY OR ON ANY TELEASY PUBLIC ACCESS INTERNET TERMINALS OR KIOSKS OR “TELSTATIONS” (COLLECTIVELY, THE “TELEASY SERVICE OR SERVICES”)), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE ACCEPTABLE USE GUIDELINES FOR THE TELEASY SERVICE, THE TELEASY SOFTWARE LICENSE AGREEMENT AND THE TELEASY PRIVACY STATEMENT WHICH ARE REFERRED TO COLLECTIVELY AS THE “RULES
.”

IF YOU DO NOT AGREE TO BE BOUND BY THE RULES, YOU SHOULD DISCONTINUE AND CLICK ON THE "EXIT" BUTTON, OR DISCONTINUE THE USE OF, THE TELEASY SERVICES. YOUR CREDIT CARD WILL NOT BE CHARGED AND THE CASH DEPOSITED IN THE TERMINAL WILL BE RETURNED ON CLICKING THE “EXIT” BUTTON NOW. Clicking the START button constitutes your consent to abide by the Rules given below, and the authorization to charge your credit card for the amount calculated through the applicable rate stated on the TELEASY terminal.

Please review the Rules at the TELEASY Site prior to accessing the TELEASY Services since the Rules may have changed since the date of production of this software. TELEASY may change the Rules and the scope of the TELEASY Services, in whole or in part, at any time. Posting of the updated Rules at the TELEASY Site will constitute notice to you of any such changes, although TELEASY may choose other types of notice for certain changes. Changes will be effective upon notice, although TELEASY will use reasonable efforts to provide you with thirty days advance notice of material changes that adversely impact you. Your continued use of the TELEASY Services following notice constitutes your acceptance of all changes, and each use of the TELEASY Services constitutes your reaffirmation of your acceptance of the Rules. If you do not agree to changes to the Rules or the scope of the TELEASY Services, your sole and exclusive remedy will be to terminate your use of TELEASY Services, although if you have a prepaid account you will not have the right to terminate your use of the TELEASY Services unless the change is material and adverse to you.

1.0 General
The Rules are your entire agreement with TELEASY and govern your use of the TELEASY Services. TELEASY reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules or which TELEASY believes in its sole discretion to be illegal or potentially harmful to others or may expose TELEASY to harm or liability. TELEASY may suspend or terminate your use of TELEASY Services for any reason at any time, including if it determines that you have failed to comply with any of the Rules. TELEASY reserves the right to take or terminate the use of any user name or email address provided by TELeasy at any time without notice.

TELEASY Services. TELEASY offers a variety of services, including Internet access services. TELEASY retains the right at its discretion to make changes to the TELEASY Services, including its fees and billing methods and the amount of time a user may access the Internet for free or for a specified fee, or to discontinue some or all of the TELEASY Services. TELEASY retains the right to change, suspend or terminate your use of the TELEASY Service at any time for any reason, without notice, and nothing herein shall be construed to limit that right. If you have elected a prepaid, service agreement with TELEASY, you may have rights to a refund as outlined in the Rules.

Collection and Use of Personal Information. TELEASY will collect, store, compile and utilize information about you, your computer, your phone number and your use of the TELEASY Services including, without limitation, information regarding the Web sites you visit and information that you provide in response to TELEASY questionnaires, surveys and registration forms. TELEASY may provide this information to third parties including advertisers, clients, marketing organizations and others. However, TELEASY will not disclose your name, address, telephone number, credit card number(s), e-mail addresses or other personal identifying information to third parties other than those acting on behalf of TELEASY, unless you give TELEASY consent to do so or except as may be required by law. Please refer to the Privacy Statement for the TELEASY privacy policies and information practices.

2.0 Your Obligations

Completion of TELEASY Questionnaires, Surveys and Registration Forms. In exchange for TELEASY providing the TELEASY Services, you agree to provide TELEASY with accurate and complete information it may request, from time to time, through questionnaires, surveys and registration forms.

Charges and Billing. By using the TELEASY Services, you agree to accept the fees you may incur as a result of using TELEASY Services, including but not limited to, fees for supplemental services or features and purchases made through the use of TELEASY Services. You will be notified of any applicable fees prior to incurring liability for such fees and, by providing your billing information; you agree that you are liable for payment of such fees. TELEASY reserves the right to change its fees or billing methods at any time and TELEASY will provide thirty days notice of any such changes in the same manner as described above for changes in the Rules and/or scope of TELEASY Services. If you do not like these changes, you may stop using the TELEASY Services at any time; however, you will not be entitled to receive a refund for the charges you have already incurred and you are responsible for timely payment of such amounts (including any applicable late fees). In the event you have prepaid for an extended period of time and we either terminate your TELEASY Service or we make a material change to the TELEASY Service that adversely impacts you and elect to terminate the TELEASY Service, as your sole and exclusive remedy you will be entitled to a refund for amounts prepaid to cover future periods from the date of termination. The amount prepaid will be based on the cost over the service period. If you pay for our services on a prepaid basis, you will not be entitled to a refund if you elect to terminate your account, although TELEASY will provide you with a pro rata refund for the remainder of the time you have prepaid if TELEASY terminates your account.

For most services for which there is a fee, TELEASY will charge your designated credit card each time you enter your credit card number or insert or swipe your credit card at a TELEASY TERMINAL, KIOSK or TELSTATION to pay for the service, unless you have authorized recurring payments to be charged to your credit card, for which you may be required to only enter the “account number” or “code number” allotted to you for such purposes, You are responsible for all charges that accrue with the account number or code number allotted to you. If you select a recurring payment or automatic billing option for any of the TELEASY fees, you hereby authorize TELEASY to charge the credit card number you provided to TELEASY for such fees on a recurring or automatic basis. You acknowledge and agree that TELEASY will not obtain any additional authorization from you for this recurring payment. Every time you use TELEASY Services, you re-affirm that TELEASY is authorized to charge your credit card. If you have any billing-related questions or want to stop a recurring payment from being charged to your credit card account, call our toll-free billing support number (1-866-267-2058). Some fees that you may incur using the TELEASY Services may accumulate on your TELEASY account before they are charged to your credit card. Once the charges appear on your credit card, you are responsible for payment of such charges. TELEASY will assess a late fee of 1.5% per month (or the highest amount permissible by law, whichever is less) if your payment is more than 30 days past due. You will be liable for any fees TELEASY incurs in its efforts to collect any unpaid balances from you. Any billing problems or discrepancies must be brought to TELEASY’s attention, by you, within 90 days from the date you are billed. If you do not bring them to TELEASY’s attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies with TELEASY. TELEASY may suspend or terminate your use of the TELEASY Services if you fail to provide a valid credit card number upon request or if TELEASY is unable for any reason to bill your credit card for the fees you have incurred.

You are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including but not limited to your children and other members of your family. This means that, unless your account or credit card information is obtained unlawfully or fraudulently by someone other that those authorized to use your account, you will be responsible for all usage and purchases under your account.

You may obtain pricing information for supplemental services or features, as well as answers to common billing questions by going to the TELEASY Site.

Minors. If you are less than 18 years old but older than 12 years old, you should obtain your parent’s permission to use the TELEASY Services. You may not obtain an account for TELEASY’s pay services unless you are at least 18 years old, and you represent that you are at least 18 years old by clicking on the “START” button to use such services. If you are less than 13 years old, you are not allowed to use the TELEASY Service without providing TELEASY with your parent’s consent in writing submitted to TELEASY. Parents may read further information and obtain the Parental Consent Form by going to our Privacy Statement section entitled “Notice to Parents About Children Under Age 13.” If you are a parent permitting a minor to use TELEASY Services, you agree to (i) exercise supervision over the minor’s use of TELEASY Services and access to the Internet, (ii) assume all risks associated with the minor’s viewing of content received through use of TELEASY Services and the minor’s transmission of materials, content, or information to another person via the Internet, (iii) assume any and all liabilities resulting from the minor’s use of TELEASY Services, including any and all payment obligations, and (iv) ensure to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor in response to TELEASY questionnaires, surveys and Registration Forms. TELEASY provides information on the TELEASY Site regarding parental control software available through third party vendors, but you should know that such software is not completely effective in preventing minors’ access to material that is unsuitable for children. TELEASY does not endorse any of these third parties and makes no representation as to them or their software.

Registration Information. When using TELeasy services for commercial transactions or to purchase goods or services, you must register for TELEASY Services using your own name. During registration, you will be asked to provide the name or number you wish to use as your login identification. If the login identification you request is not available you will be asked to supply another login identification. TELEASY reserves the right to verify the accuracy of the information you submit in connection with your online purchases for TELEASY Services (including, without limitation, performing cross tabulations with external databases) and you hereby consent to TELEASY’s verification of such information.

Accessing TELEASY Services. You are responsible to access the TELEASY Services and for ensuring such equipment and services are compatible with TELEASY’s requirements.

Use of your TELEASY Account. You are responsible for all use of your TELEASY Services and for the security of your prepaid account numbers, access codes, your passwords and any security lock code that you use to protect access to your data, TELEASY personal profile, your file name(s) and files, network and user access, and any information you disseminate through use of TELEASY Services or through other Internet services. You may not transfer or permit any other person to use your prepaid TELEASY account.

Transmission and Receipt of Content. TELEASY exercises no control over the content of information passing through its network or equipment. Disputes may arise between you and others or between you and TELEASY related to such content or commerce. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commercial transactions. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the content of information that you transmit, re-transmit or receive through TELEASY’s network or equipment are your sole and exclusive responsibility.

Email. You may not incorporate a third party’s trademark within your TELEASY email address without permission of the trademark owner. Email messages may not exceed 3 megabytes and TELEASY shall have no obligation to transmit files exceeding 3 megabytes to or from your account. Your mailbox account storage may not exceed 5 megabytes and TELEASY shall have no obligation to allow your account to exceed 5 megabytes. Once your mailbox account storage reaches 5 megabytes you will not receive any additional email messages and TELEASY may, without notice, terminate your TELEASY email service and delete any or all email stored in your mailbox account. If your TELEASY Services or TELEASY email service is terminated you will be unable to access any email messages in your TELEASY email account.

TELEASY may, from time to time, place a message and or a hypertext link geared to promoting the benefits of TELEASY Services or a third party sponsor in the footer location of outgoing email messages transmitted from TELeasy Terminals. You agree to permit TELEASY to include such messages or links in email messages you transmit and agree not to alter, obscure or remove such messages or links.

Links to Third Party Sites. The TELEASY Service contains links to other sites on the Internet that are owned and operated by third parties. In some instances these sites are co-branded and the third parties are entitled to use TELEASY’s name and logo on these sites. TELEASY does not control the information, products, or services on these third party sites. The inclusion of any link does not imply endorsement by TELEASY of the site or any association with their operators. Because TELEASY has no control over such sites and resources, you agree that TELEASY is not responsible or liable for the availability or the operation of such external sites, for any material located on or available from any such sites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers on our service, including the payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You further agree that TELEASY shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

Indemnification of TELEASY. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD TELEASY AND ITS SPONSORS, PARTNERS OR OTHER CO-BRANDERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF TELEASY SERVICES THROUGH THE TELEASY TERMINALS OR OTHERWISE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF TELEASY SERVICES PROVIDED TO YOU.

3.0 Termination and Cancellation
Either you or TELEASY may terminate or cancel your account at any time. Except as specified herein, you will not be entitled to a refund for any prepaid amounts. Other than to receive a return of refundable prepayments, cancellation is your sole remedy with respect to any dispute with TELEASY. This includes, but is not limited to, any dispute regarding the TELEASY Services, the Rules and the enforcement or interpretation of the Rules, TELEASY’s policies and practices including our privacy policy, your ability to access the TELEASY Services and TELeasy Terminals the content available on the TELEASY Services, TELeasy Terminals and any matters relating to billing. You can cancel your prepaid TELEASY Services account by following the instructions on the TELEASY Site.

4.0 Warranty Disclaimers
YOU ACKNOWLEDGE THAT TELEASY SERVICES ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE TELEASY SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF TELEASY SERVICES OR THAT TELEASY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TELEASY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. TELEASY DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE TELEASY SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT TELEASY WILL SERVICE OR HAVE ADEQUATE CAPACITY IN ANY SPECIFIC GEOGRAPHIC AREA.

5.0 Limitation of TELEASY's Liability
YOU ACKNOWLEDGE THAT TELEASY SERVICES ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE TELEASY SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF TELEASY SERVICES OR THAT TELEASY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TELEASY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. TELEASY DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE TELEASY SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT TELEASY WILL SERVICE OR HAVE ADEQUATE CAPACITY IN ANY SPECIFIC GEOGRAPHIC AREA.

6.0 Policy to Terminate Use of Services for Copyright Infringement
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, TELEASY will terminate the account of any subscriber who uses his or her account privileges to unlawfully transmit copyrighted material without a license, or legal right to do so. After proper notification by the copyright holder or its agent to TELEASY and later confirmation through court order or an admission by the subscriber that an account has been an instrument of unlawful infringement, TELEASY will terminate the infringing subscriber’s account. TELEASY may also in its sole discretion decide to terminate a subscriber’s account privileges prior to that time if it has good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. § 512(c). TELEASY respects the intellectual property of others, and we ask our subscribers to do the same.

If you believe that your copyright has been infringed through the use of a TELEASY account, please contact us by sending an email through our website.

7.0 Miscellaneous

Liability Limitation. TELEASY shall not be liable for non-performance or delay in performance caused by any reason, whether within or outside of its control.

Entire Agreement. These Rules (as may be modified by updated Rules on the TELEASY Site) together constitute the sole agreement between TELEASY and you respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that you have read the Rules and understand and accept their terms.

Legal Actions. These Rules will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of laws principles. The exclusive personal jurisdiction of and venue for all disputes arising out of these Rules shall be the state and federal courts located in Delaware, USA and you consent to such exclusive jurisdiction and waive all objections to such jurisdiction and venue.

Severability. If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.

No Waiver. Any failure of TELEASY to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules.


 
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