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MYTUNU™
Website
Corporate Disclosures
DISCLOSURE
ON ALL PAGES OF WEBSITE:
MYTUNU™
is owned and controlled by TELINTEL LTD (a Florida Company) by and
through www.mytunu.com
all rights are reserved by TELINTEL LTD in relation to MYTUNU™
Service and System.
Electronic
Contract and Applicable
Policies of Service
Please
read the following TELINTEL LTD Terms of Service carefully before
accessing or using the Service. By accessing or using the Service,
you agree to be bound by the terms and conditions set forth below.
Any use of,
purchase through, this web site is expressly conditioned on your
acceptance of all terms and conditions stated herein and any others
that may be available on
www.mytunu.com.
DO
NOT USE THIS WEBSITE OR PURCHASE THROUGH THIS WEBSITE if
you do not accept all
the terms and conditions stated on this website.
WARNING:
It is a Federal AND State Offense to purchase any
product or service by fraudulent means. Any and all Products and
Services purchased through this web site shall not be used for any
unlawful purpose.
This
Agreement, its validity, construction, effect and enforcement, and
the relationship between TELINTEL LTD and you shall be governed in
accordance with the laws of the State of Florida and the applicable
federal laws of the United States of America in effect in the State
of Florida. Any dispute between you and TELINTEL LTD regarding this
Agreement will be subject to the exclusive jurisdiction of the state
and federal courts in the State of Florida. You agree to submit to
exclusive jurisdiction in the State of Florida, and you expressly
waive all defenses to jurisdiction.
Please
carefully read the terms and conditions below. If
you do not agree to the terms of this Agreement,
DO NOT click the
"I Accept"
button. By clicking on
the "I Accept" button, you are consenting to, and agreeing
to be bound by, the terms of this Agreement.
Terms
of Use of MYTUNU™
Electronic
Contract for Service.
All services, or products, purchased on www.mytunu.com
are done by electronic format contract. TELINTEL
LTD shall make available your agreement in electronic format upon
request. You may request access to these electronic records in either
Adobe Acrobat ever. 7.0 or higher or text formats. At all times, you
retain the right to request and receive documents on paper upon
request to TELINTEL LTD via e-mail or fax.
The
following conditions and expressed terms apply to all MYTUNU™
hardware and software that are applicable to any MYTUNU™
system purchase or obtain through TELINTEL LTD; the Following Terms
are applicable to all
TELINTEL LTD Services and Product lines offered through this website:
Customer
Representation. You
represent and warrant that you are at least 18 years of age or, as
applicable, the age of majority in the country, state or province in
which you reside, and that you possess the legal right and ability to
enter into this Agreement. You represent and warrant that your name,
user name, contact information and Registered Location are true and
correct and if for business use, you are authorized to act on behalf
of your company. You understand that TELINTEL LTD
and MYTUNU™
rely on the information you supply and that providing false or
incorrect information may result in Service provisioning and delivery
delays, the suspension or termination of your Service and the
inability of a 911-dialed call to be correctly routed to emergency
service personnel, as further explained below. You agree to promptly
notify MYTUNU™
whenever your personal or billing information changes (including, for
example, your name, address, e-mail address, telephone number, and
credit card number and expiration date). You agree to be financially
responsible for your use of the Service as well as for use of your
account by others.
Governing
Law, Jurisdiction & Venue. These
Terms of Use shall be governed exclusively and construed in strict
accordance with the laws of the State of Florida. Customer, by
virtue of purchase through this website, agrees to submit to
exclusive jurisdiction and venue of the state and federal courts of
Broward County Florida, and, expressly waive all defenses to
jurisdiction without any consideration of conflict of law theories,
case law or principles. Because
this
Agreement
and Electronic Contract
is
a
transaction
in
interstate
commerce,
the
Federal
Arbitration
Act
will
exclusively govern
the
interpretation
and
enforcement
of
the
arbitration
under dispute resolution in connection to this Agreement.
TELINTEL
LTD as the Interconnected VoIP
Provider: TELINTEL LTD is
the carrier providing their prepaid and postpaid interconnected VoIP
calling services, and, sells consumer and business VoIP services to
Customers in connection with MYTUNU™
services and their supporting software, devices, and/or hardware
components. TELINTEL LTD is a
Florida certified Inter-exchange carrier and an Interconnected VoIP
service provider for federal regulatory purposes. Any and all
services provided through this website are pursuant to Florida and
U.S. federal authorization and regulation of as a Florida
inter-exchange carrier and as an Interconnected VoIP service
provider. All VoIP services furnished by TELINTEL
LTD herein are done exclusively under Florida and
U.S. Federal law and administrative regulation. Any claim or
complaint as to quality of service, service interruption or
furnishing of services shall be directed to the attention of Telintel
LTD for resolution, or alternatively, made with
the Florida
Public Service Commission with
TELINTEL LTD as the
inter-exchange carrier. TELINTEL LTD,
as an Interconnected VoIP service provider, complies with all
applicable federal requirements of the Federal Communication
Commission’s E-911 Order and any questions, concerns or complaints
regarding TELINTEL LTD’s
E-911 services may be directly addressed to the FCC through the
VoIP911
website. Florida and U.S. Federal
law and administrative regulation exclusively regulate all VoIP
services furnished by TELINTEL LTD .
Service outages extending
over few hours to a couple of days may occur with any Interconnected
VoIP service provider due to external events not within the control
of TELINTEL LTD.
TELINTEL LTD will
not be liable for any such outage, and customers shall have no right
to any refund, credit, compensation or damages from TELINTEL
LTD because of such service
outages or any other situation arising out of service outage that is
not in the control of TELINTEL LTD.
Any concern related to outrages may be directed to the Florida
Public Service Commission.
Service
Defined: MYTUNU™
is an Internet Telephone Service designed
to provide Interconnected Local and Long Distance VoIP Calling
through a Customer’s personal computer (PC) or PBX server; IP
Telephone; a standard telephone supported by an ATA or any
combination thereof which is connected existing broadband
connection(s) and provisioned by a ISP provider by and through
specialized and proprietary software of MYTUNU™
that is purchased and downloaded through this website. The MYTUNU™
Service allows Customers to make Calls
directly from their PBX/ATA and personal MYTUNU™
account to any national or international destination. For
purposes
of
this
Agreement,
the
term
“Service”
shall
mean
MYTUNU™
Broadband
Phone
Service,
including
all
Software,
equipment
and
other
features,
products
and
services
provided
by
MYTUNU™
under
the
pricing
plan
that
you
have
selected.
For
purposes
of
this
Agreement,
“Equipment”
shall
mean
a MYTUNU™
provided
Telephone
Adapter
(“Adapter”)
and
accompanying
Ethernet
Cable.
Prices
and
Fees.
MyTunu
and TELINTEL fees
and
charges
for
the
Service
are
supplied
to
you
during
the
ordering
process
unless
otherwise
provided
for
in
this
Agreement.
You
hereby agree
to
pay
any
applicable
one-time
and
recurring
charges.
You
further
agree
that
any
taxes
and
other
charges,
including
but
not
limited
to,
account
setup
fees,
early
termination
fees,
adapter
fees,
equipment
charges,
shipping
and
handling
and
other
nonrecurring
charges
will
be
charged
to
your
credit
card.
Recurring
charges
will
be
billed
and
automatically
charged
to your
credit
card
on
the
first
day
of
every
billing
cycle.
Your
billing
cycle
will
begin
on
the
anniversary
date
of
your
subscription
date.
Re-Occurring
Charges. YOU
HEREBY AGREE
THAT
WE MAY
CHARGE
YOUR
CREDIT
CARD
FOR ALL
AMOUNTS
DUE TO
US WITHOUT
ADDITIONAL
NOTICE
OR
CONSENT
UNDER THIS AGREEMENT OR A CONTRACTED SUBSCRIPTION.
You agree
to provide
a credit
card
and not
a debit
card. If
your
card is
a combination
credit
card/debit
card, you
authorize
us to
use it
as a
credit
card. You
also
agree
to indemnify
us for
any
claims
or expenses
resulting
from
providing
a debit
card instead
of a
credit
card. If
your
credit
card is
declined,
is
invalid
or payment
is not
made
by the
issuer
of your
credit
card at
the
time
that
a charge
is
attempted,
you
will not
be able
to use
the
Service
until
your
account
is paid
in full.
Credit
Card Charges. No Credit Cards payments
will be accepted by TELINTEL LTD from Credit Card Issuers that are
not regulated Credit Card Issuers in the United States of America –
U.S. Credit Cards only. You must provide and pay from valid credit
card (Visa, MasterCard, Discover, American Express or any other
issuer then-accepted by TELINTEL LTD) of which you are the authorized
cardholder when purchasing, activating or re-charging any TELINTEL
LTD service. If Customer pays by credit card, it thereby authorizes
TELINTEL LTD to charge the credit card account number for TELINTEL
LTD charges that accrue during the billing cycle. Customers may
re-authorizes TELINTEL LTD to charge its designated credit card
account each time it uses Service and/or as required by the Calling
Plan Customer chooses. Such authorizations will remain valid until
terminated by proper notice to TELINTEL LTD through this website or
in writing. It is expressly understood and agreed that in such cases
the term for Service will automatically renew for a similar term
until such time as Customer notifies us in writing of its intention
not to renew. TELINTEL LTD may terminate your account at any time, in
TELINTEL LTD’s sole discretion, for declined credit cards or any
other non-payment of account charges with the understanding, however,
that Customer remains fully liable to TELINTEL LTD for all charges
accrued from usage of Service and all charges incurred by TELINTEL
LTD due to said declines, etc. You must notify TELINTEL LTD in
writing within 7 days after receiving your credit card statement if
you dispute any TELINTEL LTD charges on that statement or such
dispute will be deemed waived. Any applicable billing discrepancy
resulting in the consumer initiating a charge-back by the credit
card provider through Federal Truth in Lending Act,
12 C.F.R. Part 266
(1998),
REG-Z, must be not
be waived and TELINTEL LTD must be given a reasonable time
investigate the nature of the Customer’s claim, billing and the
specific charge.
Online
Bill Payment or automatic bill payment of TELINTEL LTD Services for
MYTUNU™
. Should you elect an automated payment,
either online or from a debit or credit card, you agree to authorize
TELINTEL LTD to charge any amounts payable by you in connection with
your use of the Service automatically by that credit card or through
electronic transfer from that account.
Failure
to Pay. Upon advance notice, we may
suspend, restrict, or cancel the Services and this Agreement, if you
do not make payments for current or prior bills by the required due
date. Service suspension or cancellation will result in your loss of
the number associated with the Service.
Late
Payment Charge. We may add interest
charges to any past-due amounts at the lower of 1.5% per month or the
maximum rate allowed by state law, prorated for each day payment is
past due. Acceptance of late or partial payments (even if marked
"Paid in Full" or with other restrictions) shall not waive
any of our rights to collect the full amount of your charges for the
Service. Notice of any disputes must be in writing and received by us
within 30 days after you received your bill or you will waive any
objection. You agree to reimburse us for reasonable attorneys' fees
and any other costs associated with collecting delinquent or
dishonored payments. If charges cannot be processed through your
credit card, we will charge you an additional $15.00. If the state
law where you receive the Service requires a different fee, we will
charge you that amount.
Taxes.
Any applicable sales, use, excise, utility or other taxes, fees or
charges imposed on TELINTEL LTD as a result of providing the Service
or a Lease of Device will be added to Customer's account when imposed
or required by law.
Residential
Use of TELINTEL LTD Services and Devices.
If you subscribe to TELINTEL LTD’s residential services, the
Service and the Device are provided to you solely for residential
use. You shall not resell or transfer the Service or the Device to
another party without our prior written consent. You are prohibited
from using the Service or the Device for auto-dialing, continuous or
extensive call forwarding, telemarketing (including, without
limitation, charitable or political solicitation or polling), fax or
voicemail broadcasting or fax or voicemail blasting. We reserve the
right to immediately terminate or modify your Service if we
determine, in our sole and absolute discretion, that your use of the
Service or the Device is, or at any time was, inconsistent with
normal residential usage patterns. In addition, you will be required
to pay our higher rates for commercial service for all periods in
which your use of the Service or the Device was inconsistent with
normal residential use. The
products and services offered through www.mytunu.com
are for personal and business use only and not intended for
independent resale or mass distribution by commercial resellers or
distributors. Any purchases by distributors and resellers, for the
purpose of further resale, must be done through direct contact with
TELINTEL LTD, Inc. under a separate agent agreement
Corporate
Use of Service and Device.
If you subscribe to TELINTEL’s Business or Corporate services, the
Service and Device are provided to you as a corporate user. You shall
not resell or transfer the Service or the Device to another party
without our prior written consent. You are prohibited from using the
Service or the Device for auto-dialing, continuous or extensive call
forwarding, telemarketing (including, without limitation, charitable
or political solicitation or polling), fax or voicemail broadcasting
or fax or voicemail blasting. We reserve the right to immediately
terminate or modify your Service if we determine, in our sole and
absolute discretion, that you have at any time used the Service or
the Device for any of the aforementioned or similar activities. The
products and services offered through www.mytunu.com
are for personal and business use only and not intended for
independent resale or mass distribution by commercial resellers or
distributors. Any purchases by distributors and resellers, for the
purpose of further resale, must be done through direct contact with
TELINTEL, Inc. under a separate agent agreement
No
Refunds on Prepaid Services Without Cause.
TELINTEL LTD will not offer any refunds or reimbursements for the
purchase price of a prepaid MYTUNU™
Service, Service Plan or Product/Device without cause. Should
Customers experience problems with their prepaid service they must
first contact our Customer service line at 1-800-
270-1056 or e-mail it direct at
support@mytunu.com
determine the nature of problem or whether a refund is applicable.
TELINTEL LTD exclusively reserves the right to determine whether a
demand for refund is with or without cause. Any denial of a consumer
refund by TELINTEL LTD may be referred to the Florida
Public Service Commission.
TELINTEL LTD further reserves the right to terminate any dormant
account that has not been used of a period of ninety (90) days or
longer. No refunds will be provided for any prepaid balance remaining
on an account that is terminated as a result of being dormant.
Promotional
Unlimited
Packages
and Reasonable Usage.
TELINTEL LTD
reserves
the
right
to
review
usage
of
all minute plans, including those advertised under promotional
unlimited
minute
plans,
to
ensure
that
you
are
not
abusing
such
plans
outside of their intended purpose.
Personal plans may not be used for Businesses. Small Office/Home
Office Business plans may not be used for large scale operations,
resale of services, or Call Centers. You
herein agree
to
use
the
unlimited
minute
plans
for
normal
voice
or fax
calls
and
will
not
employ
methods
or devices
to
take
advantage
of
unlimited
plans
by
using
the
voice
or fax
services
excessively
or for
means
not
intended
by
TELINTEL LTD.
Excessive
use
will
be
defined
by
TELINTEL LTD
as
use
that
substantially
exceeds
the
average
use
for
all other
TELINTEL LTD
unlimited
plan
customers.
Unlimited
voice
services
may
not
be
used
for conference
calling,
monitoring
services,
data
transmissions,
transmission
of
broadcasts
or
transmission
of
recorded
material.
These terms are material to the continuity of your service by
TELINTEL LTD, and
the company may
terminate
your
service
or change
your
service
plan
if,
in
its
sole
discretion,
you
are
abusing
the
unlimited
minute
plan
MYTUNU™
Software and Downloads protected
by U.S. & International Copyright. By
purchase, download, activation and use of MYTUNU™Software,
you the Customer and account holder of the Credit Card used to lawful
purchase the software acknowledge and agree that all Software,
codes, data and collective works associated with the download are the
protected property of TELINTEL LTD
under U.S. Copyright, or, by and through other intellectual property
laws that may apply to your jurisdiction. You expressly warrant and
represent that this software shall not have any commercial use other
than that which you have been expressly given by your electronic
contract and that all other use is strictly prohibited, without the
express, prior, written consent of TELINTEL LTD.
Any reproduction or redistribution of MYTUNU™Software
or Materials not in accordance with these terms
are expressly prohibited by law, and may result in severe civil and
criminal penalties.
MYTUNU™
Software and Downloads restrictions under Export Control Laws. The
export and re-export of the MYTUNU™
Software and other materials, either under the MYTUNU™
brand or through TELINTEL LTD, are controlled by the export laws and
regulations of Canada and the United States, as they may be amended
from time to time. Accordingly, you certify that you are aware of and
will comply with all applicable export rules and regulations,
including the responsibility to obtain a license for the export or
re-export of the Software and other materials to any destination
requiring such a license. In addition, the Software may not be
exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, the
Taliban-controlled regions of Afghanistan, or any other country to
which Canada or the United States prohibits the export of goods,
technology, or services or to nationals of those countries, wherever
located. Moreover, the Software may not be distributed to persons on
the Table of Denial Orders, the Entity List, or the List of Specially
Designated Nationals maintained by the U.S. government. By
downloading the Software, you are certifying that you are not a
national of one of the above-listed countries or of any other country
to which Canada or the United States embargoes goods, services, or
technology and that you are not a person on the Table of Denial
Orders, the Entity List, or the List of Specially Designated
Nationals.
Disclaimer
of Warranties of MYTUNU™
Software, System and
Downloads. In regard to the MYTUNU™™
Software and System, or the download of the any version, TELINTEL LTD
makes the following Disclaimers of Warranties:
ALL
SOFTWARE PROVIDED BY TELINTEL LTD IS PROVIDED “AS IS”. TELINTEL
LTD AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS,
PARTNERS, OR EMPLOYEES MAKE NO WARRANTY TO YOU OR ANY OTHER PERSON OR
ENTITY, WHETHTER EXPRESSED, IMPLIED, OR STATUATORY, AS TO THE
DESCRIPTION, QUALITY, TITLE, NONINFRINGMENT, MERCHANTABILITY,
COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE
SOFTWARE PROVIDED YOU, OR AS TO ANY OTHER MATTER, ALL SUCH WARRANTIES
HEREBY BEING EXPRESSLY EXCLUDED AND DISCLAIMED. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK AFTER DOWNLOAD FOR YOUR USE OF THE SOFTWARE.
TELINTEL
LTD AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS,
PARTNERS, OR EMPLOYEES DO NOT WARRANT THAT THE SOFTWARE WILL BE FREE
FROM ANY VIRUS OR OTHER CODE THAT IS CONTAMINANTING OR DESTRUCTIVE BY
NATURE AND YOU ARE RESPONSIBLE FOR IMPLEMENTING AND
MAINTAININGSUFFICENT PROCEDURES TO SATISFY YOUR PARTICULAR
REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT AS WELL AS
PROTECTION FROM SUCH VIRUSES OR OTHER CODE THAT MAY CONTAMINATE OR
DESTROY YOUR PERSONAL COMPUTER, YOUR SYSTEM, OR YOUR DATA OR THE
COMPUTER, SYSTEM OR DATA OF ANY OTHER WHOM YOU GIVE ACCESS TO YOUR
COMPUTER OR SYSTEM.
TELINTEL
LTD AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS,
PARTNERS, OR EMPLOYEES DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR
FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION, NOR DO WE
WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET.
TELINTEL
LTD AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS,
PARTNERS, OR EMPLOYEES MAKE NO EXPRESSED OR IMPLIED REPRESENTATIONS
OR WARANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AS THE QUALITY
OF THE CALL BY THE MYTUNU™
SOFTWARE, THROUGH
THE SYSTEM MYTUNU™
OR DOWNLOAD OF
EITHER.
Limitation
of Liability. In no event shall
TELINTEL LTD, its affiliates, subsidiaries, parent companies, agents,
partners, or employees be liable to you or any third party in any
respect for any costs or damages arising either directly or
indirectly from the use of the MYTUNU™
software and system including without limitation any actual,
incidental, consequential, exemplary, punitive, reliance or special
damages, or for any loss of revenue, profits, use data, goodwill or
business opportunities of any kind or nature whatsoever, arising in
any manner from any cause of action or claim relating to the purchase
or promotional use of the MYTUNU™ software and system.
Assignment
of Rights and Duties. TELINTEL LTD may
assign its rights and duties under this Agreement to any party at any
time without notice to you.
Modifications
of this Agreement and License.
Only TELINTEL LTD
may modify this Agreement, the license granted herein, and the
provisions of TELINTEL LTD's Terms of Use related to this or any of
its products. Any such modification shall be deemed effective
immediately upon posting of the modified Agreement anywhere on
TELINTEL LTD’s website. You agree to check our web site
periodically to review such modifications. Your continued access or
use of the Software shall be deemed your acceptance of the modified
Agreement.
Subpoena
and CALEA
Disclosures.
TELINTEL
LTD is obligated and intends
to
fully
comply
with
Lawful Legal Requests from Law Enforcement Agencies and Court Orders
and through the
Communications
Assistance
for
Law
Enforcement
Act
(“CALEA”).
By
using
the
Service,
you
hereby
agree
and
consent
to
right
to
give access, information and
otherwise
disclose
to law enforcement or under a lawful subpoena the
nature
and
content
of
your
communications
if
and
as
required
by
CALEA
without
any
further
notice
to
you.
DISPUTE
RESOLUTION
AND
BINDING
ARBITRATION
Arbitration.
By virtue of
accepting service and purchasing MYTUNU™and
you
agree
to
exclusively arbitrate
any
and
all
disputes
and
claims
between
you
and
TELINTEL LTD, except for claims by TELINTEL LTD of outstanding
balances or amounts owed by you to TELINTEL LTD for services rendered
or equipment sold.
Arbitration
will
be
resolved
by
a neutral
arbitrator
in lieu of
a
court
of law or equity.
This
agreement
includes,
but
is
not
limited
to:
disputes
and
claims
arising
out
of
or relating
to
any
aspect
of
the
relationship
between
you
and
TELINTEL LTD,
based
in
contract,
tort,
statute,
fraud,
misrepresentation
or any
other
legal
theory;
disputes
and
claims
that
arose
before
this
or any
prior
agreement
(including,
but
not
limited
to,
claims
relating
to advertising,
marketing and promotion);
disputes
and
claims
that
may
arise
after
the
termination
of
this
agreement;
disputes
and
claims
that
are
currently
the
subject
of
individual
litigation;
disputes
and
claims
that
are
currently
the
subject
of
alleged or pending class
action
litigation
in
which
you
are
not
a member
of
a
certified
class;
and
disputes
and
claims
concerning
the
scope
of
this
arbitration
provision.
References
to
“TELINTEL LTD”
“MYTUNU™,”
“us”
and
“you”
include
TELINTEL’s respective
subsidiaries,
affiliates,
agents,
employees,
predecessors
in
interest,
successors
and
assigns,
as
well
as
all
authorized
or unauthorized
users
or beneficiaries
of the
Service
under
this
agreement
or any
prior
agreements
between
you
and
TELINTEL LTD.
Formal
Notice of Disputes
A
party
who
intends
to
seek
arbitration
must
first
send
to
the
other
party
a
written
Notice
of
Dispute.
A
Notice
of
Dispute
to
TELINTEL LTD
must
be
sent
to TELINTEL
LTD by
certified
mail
addressed
to
1655 N Commerce Parkway Suite 204, Weston FL, 33326.
A
Notice
of
Dispute
to
you
must
be
sent
to
you
by
certified
mail
at
the
last
mailing
address
that
you
registered
and on record with
TELINTEL LTD. The
Notice
of
Dispute
must
describe
the
basis
of
the
dispute/claim
and
set
forth
any relief
sought.
If
you
and
TELINTEL LTD
do not
reach
an
agreement
to
resolve
the
dispute
or claim
within
thirty
(30) days
after
the
Notice
of
Dispute
is received,
the dispute shall be resolved exclusively through
an
arbitration
proceeding
through the American
Arbitration
Association
(“AAA”)
as detailed in this Agreement. The
amount
of
any
settlement
offer
made
by
you
or TELINTEL LTD
shall
not
be
disclosed
to
the
arbitrator
until
after
the
arbitrator
determines
the
amount,
if
any,
to
which
you
or TELINTEL LTD is
entitled.
Arbitrator
and
Arbitral
Rules.
The
arbitration
shall
be exclusively
administered
by
the
American
Arbitration
Association
(“AAA”)
with venue in Broward County Florida. The
arbitration
shall
be
governed
by
the
AAA’s
Commercial
Dispute
Resolution
Procedures
and
Supplementary
Procedures
for
Consumer
Related
Disputes
(collectively,
“AAA
Rules”).
The
AAA
Rules
are
available
at www.adr.org
or by
calling
the
AAA
at
1-800-778-7879.
Waiver
of
Jury
Trial.
You
hereby agree
that,
by
entering
into
this
agreement
and the rendering of service by TELINTEL
LTD, you
and
TELINTEL LTD
are
waiving
all
rights
to a
trial
by
jury.
Waiver
of
Class
Actions
You
hereby agree
that
the
arbitrator
may
award
relief
only
in
favor
of
the
individual
party
seeking
relief
and
only
to
the
extent
necessary
to
provide
relief
warranted
by
that
party’s
individual
claim.
You
and
TELINTEL LTD
agree
that
you
and
TELINTEL LTD
may
bring
claims
against
the
other
only
in
your
or its
individual
capacity,
and
not
as
a plaintiff
or class
member
in any
purported
class
or representative
proceeding.
You
and
TELINTEL LTD
agree
that,
unless
you
and
TELINTEL LTD agree
otherwise,
an arbitrator
may
not
consolidate
more
than
one
person’s
or entity’s
claims,
and
may
not
otherwise
preside
over
any
form
of
a
representative
or class
proceeding.
If
this
specific
waiver
of
class
actions
provision,
or any
portion
thereof,
is
found
to
be
unenforceable,
then
the
entirety
of
this
dispute
resolution
and
binding
arbitration
provision
shall
be
null
and
void.
Statute
of
Limitations
You
must
contact
us
within
one
(1) year
of
the
date
of
the
occurrence
of
the
event
or facts
giving
rise
to
a dispute,
or you
waive
the
right
to
pursue
a
claim
based
upon
such
event,
facts,
or dispute.
Modification
of Arbitration
Provision.
TELINTEL
LTD may make
any
substantive
change
to
this
arbitration
provision,
you
may
reject
any
such
change
and
require
TELINTEL LTD
to
adhere
to
the
language
in
this
provision
upon written Notice to TELINTEL.
General
Provisions. The following general provisions apply to all
services, equipment leases and sales via the website or Electronic
Contract or Subscription:
No
Waiver
of
Rights.
TELINTEL’s
failure
to
exercise
or enforce
any
right
or provision
of
this
agreement
will
not
constitute
a
waiver
of
the
right
or provision.
TELINTEL
reserves
all
of
its
rights
at
law
and
equity
to
proceed
against
anyone
who
uses
its
Services
or Device
illegally
or improperly.
All
determinations
by
TELINTEL
under
this
Agreement
and
exercise
of
its
rights
are
made
and
done
in
our
sole
and
absolute
discretion
of TELINTEL.
No
Third
Party
Beneficiaries.
If
you
are
not
a
party
to
this
Agreement,
you
do not
have
any
remedy,
claim,
liability,
reimbursement,
or cause
of
action.
This
Agreement
does
not
create
any
other
third
party
beneficiary
rights
Entire
Agreement.
This
Agreement
and
any
modifications
to
it in combination
with the
rates
for
Services
found
on www.mytunu.com
constitutes
the
entire
agreement
between
you
and
TELINTEL
and
govern
your
use
of
the
Service,
superseding
any
prior
agreements
between
you
and
TELINTEL
and
any
and
all
prior
or
contemporaneous
statements,
understandings,
writings,
commitments,
or representations
concerning
its
subject
matter.
No
changes
to
this
Agreement
shall
be
binding
upon
either
you
or TELINTEL
unless otherwise provided for by this agreement or website terms and
conditions. This
agreement
supersedes
any
prior
agreements
between
you
and
TELINTEL.
It supersedes
all
prior
or contemporaneous
statements,
understandings,
writings,
commitments,
or representations
concerning
its subject
matter.
Severability.
If
any
part
of
this
agreement
is
legally
declared
invalid
or unenforceable,
all
other
parts
of
this
agreement
will
remain
valid
and
enforceable.
This
invalidity
or non-enforceability
will
not
invalidate
or render
unenforceable
any
other
portion
of
this
agreement.
Generally
No Warranties On Service.
TELINTEL DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR
FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES OR
DEVICE, ANY TRANSACTION PERFORMED THROUGH THE SERVICES OR ON THE
INTERNET GENERALLY, OR AS TO THE QUALITY OF THE CALL. TELINTEL SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION, USE OF THE SERVICE OR DEVICE.
TELINTEL DOES NOT WARRANT THAT THE SERVICES OR DEVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT FAILURE, PACKET
LOSS, DEGRADATION OR INTERRUPTION NOR DOES TELINTEL WARRANT ANY
CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY
DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. NEITHER
TELINTEL NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR
AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES
SERVICES, DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE
SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR
TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED
ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA
FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT,
FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF
WHETHER SUCH DAMAGE OCCURS AS A RESULT OF TELINTEL OR ITS SERVICE
PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS
CONCERNING THE SERVICE OR DEVICE, IF ANY, BY TELINTEL OR OUR AGENTS
OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF
ANY KIND.
Generally
No Expressed Limitation Of Liability.
IN NO EVENT WILL TELINTEL BE LIABLE TO THE CUSTOMER FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS, OR ANY
TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED
FROM THE SITE, EVEN IF “CV” OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR
HYPERLINKED FROM, THE SITE.
Indemnification.
The Customer agrees to indemnify, defend and hold TELINTEL, its
officers, directors, employees, agents, shareholders, licensors,
suppliers, business partners and any third party information
providers to the Site, Services or Devices from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from Customer’s use of any Services or Devices,
including, without limitation, 911 Dialing, or any violation of this
Agreement by Customer. The provisions of this paragraph are for the
benefit of TELINTEL and its officers, directors, employees, agents,
shareholders, licensors, suppliers, business partners and any third
party information providers to the Site, Services or Materials. Each
of these individuals or entities shall have the right to assert and
enforce these provisions directly against Customer on its own behalf.
No
Warranties On Web Site.
HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THE SITE WILL ENABLE
YOU TO LEAVE TELINTEL’S SITE. THE LINKED SITES ARE NOT UNDER THE
CONTROL OF TELINTEL AND TELINTEL IS NOT RESPONSIBLE FOR THE CONTENTS
OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. TELINTEL IS PROVIDING THESE LINKS
TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY TELINTEL OF THE SITE. TELINTEL AND ITS
AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY
WEBSITES. ALL SERVICES AND MATERIALS PROVIDED ON THE TELINTEL SITE
ARE PROVIDED "AS IS". TELINTEL DOES NOT GUARANTEE OR
WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL
BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE
THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE
RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND
CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF
DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE
SITE FOR THE RECONSTRUCTION OF ANY DATA LOSS. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, DEVICE AND THE
INTERNET.
Privacy
Policy and Opt-In/Opt Out option Notice.
Federal
law
gives
you,
the MYTUNU™
Consumers the
right,
and
TELINTEL LTD the owner of MYTUNU™
the
duty,
to
protect
the
confidentiality
of
your
customer
proprietary
information
and Customer Proprietary Number Information (CPNI).
This
customer
information
includes
the
type
and
number
of
lines
you
have,
class
of
service
(business
or residential),
technical
characteristics,
as
well
as
where,
when,
and
to
whom
you
place
a
call
and
the
related
billing for
these
services.
This
notice
allows
TELINTEL LTD use
such customer
information
to enhance
our
ability
to
offer
products
and
services
tailored
to your
specific
telecommunications
needs.
TELINTEL LTD
may
offer
complementary
or other
products
or services.
MYTUNU™also
may
share
this
information
with
its
affiliates,
agents,
partners,
joint
ventures,
or other
related
entities
solely for
its own
administrative
and
marketing
purposes.
You
have
the
right
to
disapprove
or withdraw
TELINTEL LTD 's
use
of
your
customer
information
for
these
purposes.
Your
decision
to
restrict
use
of
your
customer
information
will
not
affect
the
service
you
receive
from
TELINTEL LTD or through MYTUNU™.
If you
do not
restrict
TELINTEL LTD 's
use
of
your
information,
we
can
use
your
customer
information
for
the
purposes
described
in
this
notice,
such
as
offering
you
products
and
services
that
you
may
find
valuable.
If
you
wish
to restrict
MYTUNU™'s
use
of
your
customer
information,
please
notify
MYTUNU™,
attention
Customer
Care,
in
writing
at the
address
below
or call
us
at
(877) 769-7292.
You
may
change
your
decision
at
any
time
and
your
decision
will
remain
valid
until
you
tell
us
otherwise.
Be advised that you
the consumer may
receive
periodic marketing
information
from
MYTUNU™
even if
you
restrict
TELINTEL LTD's
use
of
your
customer
information.
These
materials
are
developed
independently without
using
the
customer
information
described
in
this
notice.
You
can contact
us
at
any
time
to
find
out
about
MYTUNU™
products
and
services.
If
you
decide
to
restrict
TELINTEL LTD's
use
of
your
customer
information,
we
may
still
use
your
customer
information
to
talk
to
you
about
other or new
products
and
services
if
you
contact
us
to
ask
about
products
and
services.
Under no circumstances whatsoever will TELINTEL
LTD sell,
trade,
or share
your
service
and
usage
records
with
anyone
outside
of
TELINTEL LTD personnel
or others
authorized
to
represent
us
to
offer
products
and
services,
except
as
required
by
law
and Orders of the U.S. Federal Communication Commission.
Force
Majeure
(Events
Beyond
TELINTEL’S
Control)
TELINTEL shall
be excused
from
any
delay or
failure
in performance
hereunder
caused
by reason
of occurrence
or contingency
beyond
its
reasonable
control,
including
without
limitation,
acts of
God, earthquake,
fire,
flooding,
riots,
act of terrorism, war,
government
intervention,
embargoes,
strikes,
labor
difficulties,
equipment
failure,
late delivery
by suppliers
or other
difficulties
as may
occur in
spite
of TELINTELs
best
efforts.
Software
Copyright.
Any
software
used by
MYTUNU™
or TELINTEL to
provide
the
Service
and any
software
provided
to you
in
conjunction
with
providing
the
Service
is
protected
by copyright
law
and international
treaty
provisions.
You
may
not
copy
the
software
or any
portion
of it. This includes the DIGITAL
MILLENNIUM
COPYRIGHT
ACT
(DMCA).
TELINTEL’s website
content,
materials,
services,
logs,
service
marks
and
trademarks
are
protected by
trademark,
copyright,
or other
intellectual
property
laws,
and
international
treaty
provisions.
Infringement
by you
may
result
in civil
or criminal
prosecution.
Account
Number and Password Security. You are
responsible for maintaining the confidentiality and security of your
account number (sometimes called a PIN) and/or password. You are
responsible for all uses of your account, whether or not actually or
expressly authorized by you. Any unauthorized access of the
Customers TELINTEL LTD account that is the result of the Customer’s
negligent handling of any TELINTEL LTD account number or password is
expressly the liability of the Customer. The Customer expressly
waives all legal defenses and relief against TELINTEL LTD for any
collectable debt that arises from the unauthorized access of their
services, by and through their PIN and/or account that is a result of
their own mishandling, negligence, or intentional disclosure of their
account Number, password or PIN.
Inappropriate
Use and/or Conduct as cause for termination or breach of Agreements.
Customer agrees to use the Service and/or Device for lawful purposes
only. Customer shall not use, or allow any third (3rd)
parties to use, the Service or the Device in any way that is
unlawful, harmful, threatening, libelous, deceptive, fraudulent,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit,
profane, hateful, discriminatory, or other objectionable material of
any kind, including, without limitation, material that encourages
unlawful conduct. If TELINTEL LTD believes, at its sole discretion,
that a customer has engaged in any of the foregoing conduct, TELINTEL
LTD reserves the right to (i) immediately suspend or terminate your
Service; and/or (ii) forward the offensive materials, your
communications with TELINTEL LTD, and your identify and other
personal information to the proper authorities for investigation and
prosecution. The Customer consents to the forwarding of any such
communications and information to these authorities or law
enforcement. In the event of such termination, you will be
responsible for the full month's charges to the end of the current
term, including, without limitation, unbilled charges, plus a
termination fee, if applicable, all of which will become immediately
due and payable upon termination of your Service.
Inappropriate
Content. You will be solely liable for
any and all liability that may arise out of the content transmitted
by you or any person, whether authorized or unauthorized, using your
MYTUNU™
Service or Device. You shall assure that
the use of the Service and content comply at all times with all
applicable laws, regulations and written and electronic instructions
for use. TELINTEL LTD reserves the right to terminate or suspend your
Service and remove your content from the Service, if we determine, in
our sole and absolute discretion, that such use or content does not
conform to the requirements set forth in this Agreement or interferes
with our ability to provide Services to you or others. Our action, or
inaction, under this Section will not constitute any review or
approval of your use or content.
Regulatory
Fees and/or Taxes connected with the MYTUNU™
Service. TELINTEL
LTD, as an Interconnected VoIP service provider, complies with all
applicable federal and state obligations to collect and contribute
regulatory fees, taxes or access charges on either a prepaid basis or
postpaid basis from the consumer. These fees may appropriately
include, but are not limited to: Universal Service Fund
Contributions; Florida Communications Tax; Florida Sales Tax; Sales
Tax applicable to the billed address and other regulatory fees that
may apply. In the assessment, collection or contribution of any
regulatory fee connected with the MYTUNU™
or service connected with the MYTUNU™,
TELINTEL LTD reserves the right to retroactively charge the Customer
any and all applicable regulatory fees and taxes and provide the
Customer with an account of such fees through an electronic
statement, or upon request, a written or faxed statement of said fees
and taxes on a monthly basis.
Voice
over Internet Protocol (VoIP) and E-911
THE FOLLOWING
INFORMATION RELATES TO EMERGENCY SERVICES DIALING AND IS AN IMPORTANT
PART OF THE CONTRACT FOR SERVICES. BY USE OF MYTUNU™ YOU ARE
AGREEING THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THE LIMITATIONS
RELATIVE TO EMERGENCY SERVICES E-911 DIALING.
In
May 2005, the FCC adopted rules requiring providers of Interconnected
VoIP services to supply 911 emergency calling capabilities to their
customers as a mandatory feature of the service by November 28, 2005.
MYTUNU™
is an "Interconnected" VoIP service and maintains E-911
Service. All "Interconnected" VoIP services allow a user
generally to receive calls from and make calls to the traditional
telephone network. Under the FCC rules, interconnected VoIP providers
must:
Deliver all 911
calls to the local emergency call center;
Deliver the
customer’s call back number and location information where the
emergency call center is capable of receiving it; and
Inform their
customers of the capabilities and limitations of their VoIP E-911
service.
E-911.
There are significant differences between E-911 service and
traditional 911 service and you should know how E-911 differs in
both reliability and effectiveness from traditional 911.
With E-911 service, when you dial 911, your telephone number and
registered address is simultaneously sent to the local emergency
center assigned to your location, and emergency operators have
access to the information they need to send help and call you back
if necessary. Customers in locations where the emergency center is
not equipped to receive, capture or retain your telephone number and
address have basic 911 or limited E-911. With basic 911 or limited
E-911, the local emergency operator answering the call may not have
your call back number or your exact location, so you must be
prepared to give them this information. Until you give the operator
your phone number, he/she may not be able to call you back or
dispatch help if the call is dropped or disconnected or if you are
unable to speak. As additional local emergency centers become
capable of receiving our customers' information, MYTUNU™
will automatically
upgrade customers with basic 911 to E-911 service. MYTUNU™
will not give you
notice of the upgrade.
Coverage
Areas. Certain
customers do not have access to either basic 911 or E-911 services
based on service areas. Where and when your MYTUNU™
ATA or Phone is transported to, and used from, an international
point or destination is one such circumstance where MYTUNU™
customers would not have access to basic 911 and E-911 services.
Likewise, some limited area within the continental US may not have
911 or E-911 services.
If you don't have access to basic 911 or E-911, your 911 call will
be sent to the MYTUNU™
E-911 national
emergency call center. In that case your 911 call will not be
directed to a local emergency operator who may be better equipped to
provide assistance based upon the location on record with MYTUNU™.
A trained agent at the emergency call center will ask for the name,
telephone number and location of the customer calling 911, and then
contact the local emergency center for such customer in order to
send help.
Portable
Devices. If you
use certain portable Devices, your 911 calls will be routed to the
MYTUNU™ E-911
national emergency
call center. Emergency personnel do not receive your phone number
or physical location when your 911 call is routed to the
MYTUNU™ E-911 national
emergency call center. As such, you authorize us to disclose your
name and address to third-parties involved with providing 911
Dialing to you, including, without limitation, call routers, call
centers and local emergency centers as a material term of service.
Knowledge
of E-911 Service.
You are responsible to inform all household residents, guests and
other third persons who may be present at the physical location
where you utilize the Service of the important differences in and
limitations of MYTUNU™
E-911 Dialing as
compared with basic 911.
Registration
of Physical Location.
Registration of Physical Location Required is required for each
MYTUNU™ phone
line that you utilize with the Service, YOU
MUST REGISTER WITH MYTUNU™
THE PHYSICAL
LOCATION WHERE YOU WILL BE USING THE SERVICE WITH THAT PHONE LINE.
Your initial location will be registered as a part of subscribing to
the Service. I n addition, you are agreeing to cooperate with
MYTUNU’s efforts
to provide you with E-911 service. It is incumbent on you to confirm
the accuracy of your physical address via your online account if you
have any changes, additions or transfers of phone numbers. When you
move the Device to another location, you must update your location.
If you do not
update your location, 911 calls you make may be sent to an emergency
center near your old address and they may not be able to provide
emergency assistance.
When activating a MYTUNU™
phone or updating a
phone’s location, if that location’s emergency center does not
support E-911, MYTUNU™
will not be able to
provide service for that phone.
Service
Outages.
Service
Outages Due to Power Failure or Disruption.
E-911 Dialing does
not function in the event of a power failure or disruption.
If there is an interruption in the power supply, the Service,
including 911 Dialing, will not function until power is restored.
Following a power failure or disruption, you may need to reset or
reconfigure the Device prior to utilizing the Service, including
911 Dialing.
Service
Outages Due to Internet Outage or Suspension.
Service Outages Due to Internet Outage or Suspension or
Disconnection of Broadband Service or Internet Service Provider
("ISP") Service. Service
outages or suspensions or disconnections of service by your
broadband provider or ISP will prevent all Service, including E-911
Dialing, from functioning.
Service
Outage Due to Disconnection of Your MYTUNU™
Service.
Service Outage Due to Disconnection of Your MYTUNU™
service Account.
Service outages due to disconnection of your account will prevent
all Service, including 911 Dialing, from functioning.
Service
Outages Due to ISP or Broadband Provider Blocking.
Service Outages Due to ISP or Broadband Provider Blocking of Ports
or Other Acts. Your ISP, broadband provider or other third party
may intentionally or inadvertently block the ports over which the
Service is provided or otherwise impede the usage of the Service.
If you suspect this has happened to you, you should alert us to
this situation and we will work with you to attempt to resolve the
issue. During the period that the ports are being blocked or your
Service is impeded, your Service, including 911 Dialing, may not
function. You acknowledge that MYTUNU™
is not responsible
for the blocking of ports by any third party or any other
impediment to your usage of the Service, and any loss of Service,
including 911 Dialing, which may result.
Other
Service Outages.
If there is a Service outage for any reason, such outage will
prevent all Service, including 911 Dialing, from functioning. Such
outages may occur for a variety of reasons, including, but not
limited to, those reasons described elsewhere in this Agreement,
including Acts of God and Disaster.
Network
Congestion.
Reduced Speed for Routing or Answering 911 Dialing Calls. There may
be a greater possibility of network congestion and/or reduced speed
in the routing of a E-911 Dialing call made utilizing the Service as
compared to traditional 911 dialing over traditional public
telephone networks.
Disclaimer
of Liability and Indemnification.
We do not have any
control over whether, or the manner in which, calls using our E-911
Dialing service are answered or addressed by any local emergency
response center. We
disclaim all responsibility for the conduct of local emergency
response centers and the national emergency calling center. We rely
on third parties to assist us in routing E-911 Dialing calls to
local emergency response centers and to a national emergency calling
center. We disclaim any and all liability or responsibility in the
event such third party data used to route calls is incorrect or
yields an erroneous result. Neither MYTUNU™
nor its officers or
employees may be held liable for any claim, damage, or loss, and you
hereby waive any and all such claims or causes of action, arising
from or relating to our 911 Dialing service unless such claims or
causes of action arose from our gross negligence, recklessness or
willful misconduct. You shall defend, indemnify, and hold harmless
MYTUNU™,
its officers, directors, employees, affiliates and agents and any
other service provider who furnishes services to you in connection
with MYTUNU™
service, from any
and all claims, losses, damages, fines, penalties, costs and
expenses (including, without limitation, attorneys fees) by, or on
behalf of, you or any third party relating to the absence, failure
or outage of the Service, including 911 Dialing, incorrectly routed
911 Dialing calls, and/or the inability of any user of the Service
to be able to use 911 Dialing or access emergency service personnel.
Alternate
911 Arrangements.
If you are not
comfortable with the limitations of the 911 Dialing service, you
should consider having an alternate means of accessing traditional
911 or E-911 services or disconnecting the Service.
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