Terms of Use

Web Site Terms and Conditions of Use

1. Terms By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License Permission is granted to temporarily download one copy of the materials (information or software) on touchfon.com's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on touchfon.com's web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by touchfon.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer The materials on touchfon.com's web site are provided "as is". touchfon.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, touchfon.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations In no event shall touchfon.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on touchfon.com's Internet site, even if touchfon.com or a touchfon.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata The materials appearing on touchfon.com's web site could include technical, typographical, or photographic errors. touchfon.com does not warrant that any of the materials on its web site are accurate, complete, or current. touchfon.com may make changes to the materials contained on its web site at any time without notice. touchfon.com does not, however, make any commitment to update the materials.

6. Links touchfon.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by touchfon.com of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications touchfon.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law Any claim relating to touchfon.com's web site shall be governed by the laws of the State of Idaho without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site. Privacy Policy Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Toll Free Terms of Use: Enrollment of this service acknowledges your acceptance of the terms and conditions described here in..

Service Availability

Your assigned toll-free 800 or 888 number is available to you and your callers from anywhere in the continental United States, Alaska, Hawaii, Puerto Rico, Canada and many of the U.S. Carribean islands.

Terms and Rates

During the process of ordering your service, a Touchfon service representative will help you select the features that are best suited to your needs. Service availability under Touchfon's terms and conditions starts on the date of number assignment. You may change your configuration at any time by contacting our Customer Support department. There is not charge for changing configurations other than charges for any new features added. You are solely responsible for all recurring service fees and usage charges including, but not limited to: wrong numbers, unauthorized access, and outbound usage.

Cancellations

If you have not signed a long term service contract, you may cancel any service at any time by clicking this link and filling out the form. clicking here. Any cancellation request must include your account number, applicable voicemail numbers, and your passcode for each. Without written notice your service will remain active. It is your responsibility to verify that the cancellation is received; Touchfon International will not be held responsible for cancellations without proper written notice. Your service will be canceled the business day after we receive your cancellation. Calling our support line and leaving us a message does NOT constitute cancelation of the account.

Billing

Touchfon will bill your monthly recurring charge each month beginning on the date of your first order and ending on the date of your cancellation

Annual Payment Plans

For users choosing an annual billing plan, the service is offered on an annual basis for a term which begins on the date that we activate your Service and ends on the day before your anniversary date the following year. Subsequent terms of this Agreement automatically renew for 12 month terms on an annual basis without further action by you unless you give us written notice of non-renewal at least thirty (30) days before the end of the then-current annual term in which the notice is given. YOU ARE PURCHASING AND RENEWING THE SERVICE FOR A FULL 12-MONTH TERM, MEANING THAT IF YOU ATTEMPT TO TERMINATE SERVICE PRIOR TO THE END OF THE CURRENT ANNUAL TERM, YOU WILL BE RESPONSIBLE FOR THE FULL AMOUNT OF ALL CHARGES AND FEES OF ANY KIND RELATED TO YOUR ACCOUNT UNTIL THE END OF THE THEN-CURRENT 12 MONTH TERM, INCLUDING WITHOUT LIMITATION UNBILLED CHARGES, ALL OF WHICH IMMEDIATELY BECOME DUE AND PAYABLE. UNDER NO CIRCUMSTANCES SHALL EXPIRATION OF THE TERM OR TERMINATION OF SERVICE (INCLUDING EARLY TERMINATION) EXCUSE YOU FROM PAYING ALL UNPAID, ACCRUED CHARGES DUE IN RELATION TO THE AGREEMENT FOR AND THROUGH THE ENTIRE 12 MONTH TERM.

30 Day Introduction Plan

For users choosing the 90 Day Introductory plan, the service is offered on a 90 day basis, which begins on the date that we activate your Service and ends on the day before your 90 Day anniversary. On your 90 day anniversary date, the introductory plan is automatically upgraded to the Gateway 5M plan. Payment of the $9.99 service fee is a one-time payment and is non-refundable.

Late Fees

Payments not received by the due date may be charged a late fee of one and one-half percent (1 1/2%) per month or the maximum rate permitted by law on the outstanding balance. Should the account be turned over for collections, there will be a collection expense of fifty percent (50%) of the unpaid balance in addition to the current balance.

Decline Fees

A credit card decline or EFT return fee of $5.00 will be assessed for all declined charges on credit card or bank draft payments. A returned check fee of $20.00 will be assessed for all returned check payments.

Chargeback Fees

A credit card Chargeback or EFT return fee of $35.00 will be assessed for all returned charges charges on credit card or bank draft payments. If you feel you deserve a refund, contact us, and if one should be issued we will issue the refund to you. Accounts with multiple chargebacks will be disconnected and sent to collections with appropriate fees applied.

Assigned Phone Number

Touchfon service number(s) issued to you are property of Touchfon International and cannot be ported to another party without written permission from Touchfon International.

Changes in Service

Touchfon International reserves the right to change the availability of or make modifications, deletions, or additons to any service offered at any time without prior notice.

Service Interruption/Termination

In the event that you are unable to pay your bill or payments are not received by the due date and/or you exceed your authorized usage level, Touchfon International may regretfully suspend your phone service without notice until you have made your account current. If your account is not brought current within thirty (30) days after the payment was due, Touchfon International may terminate your service without further notice and pursue any remedy at or in equity.

Operation

Touchfon International will not review or monitor the contents of faxes, voice-mail, or other communications except as required by applicable law or legal process.

Limitation of Liability

Touchfon International will strive to provide continuous service with a goal of no blocked calls to you. However, Touchfon International cannot be held liable for service interruptions including dropped calls due to equipment failure, equipment or facility shortages that create transmission limitations, system capacity limitations, strikes, acts of God or other causes beyond our reasonable control. Touchfon's liability, if any, in the operation of service or equipment shall not exceed the amount of a pro-rated monthly charge for the service access during the period affected. You assume all risks associated with the use of the service including any liability arising from fraudulent use of the Touchfon system. Touchfon International will not be liable to you and you agree to hold Touchfon International blameless for any costs, delays, special, incidental, or consequential damages, physical harm or any other damage arising from your use of, misuse of, or inability to use the Touchfon services and systems, or the company's inability to perform. You specifically agree that Touchfon International will not be liable for any damages resulting from or in connection with the use of Touchfon's service for life-threatening or emergency situations, even if Touchfon International or any of its employees has been advised of the possibility of damages.

Promotions

Touchfon reserves the right to deny promotional services to anyone at anytime. It also maintains the right to alter, modify, or in any other way change the requirements, regulations, and rules pertaining to any promotion at any time. Promotions or promotion related services may be terminated at any time. Touchfon will never pay any cash and/or equivalent to any party in relation to a promotion unless a seperate signed contract is entered into by both parties. Touchfon reserves the right to disqualify or refect any claims to promotional services by any parties.

Miscellaneous

If legal action is initiated by either party concerning this Agreement, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees, including costs and fees on appeal. Touchfon International may assign all or part of this Agreement by giving you written notice, and you agree to make all subsequent payments as instructed in such notice. You may not assign your rights of obligations under the Agreement without prior written approval from Touchfon International. If any terms stated herein are invalid or unenforceable, then the remaining terms shall remain in effect. This agreement shall be construed in accordance with, and governed by the laws of the State of Idaho. In addition, the court and authorities of the State of Idaho shall have jurisdiction over all controversies that may arise with respect to this Agreement. Touchfon International is the owner of all copyrights, trademarks and proprietary interests and to all materials, brochures, and explanatory material delivered to you.

Changes to Terms

Touchfon International reserves the right to change this agreement at any time. A current copy of these terms is available on the Touchfon Web Site. You are responsible for reviewing information posted on the site in order to obtain timely notice of such changes. Your non-termination or continued use of the Touchfon service constitutes your acceptance of this agreement as modified by the posted changes.