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The
following are the terms and conditions for
use of the Philtel.com products and services
which is provided by TheCyber.com. Please
read them carefully. the Philtel.com services
is offered to you on your acceptance without
modification of the terms, conditions, and
notices contained herein.
1.CALLING
RATE AND RELIABILITY OF CALLING CARDS
TheCyber.com.
would not be responsible for any loses/damages
as result of changing calling card rate
by suppliers and/or service providers, which
is beyond control of TheCyber.com. TheCyber.com
do not represent or warrant that the Services
provided suppliers will be uninterrupted
or error-free, that defects will be corrected.
TheCyber.com would not responsible for any
loses/damages cause by errors of service
providers.
2.USER
ACCOUNT, PASSWORD, AND SECURITY
After
you purchase products or services of Philtel.com,
there will be forms for you to complete.
User must registration process by providing
us with current, complete and accurate information
as prompted by the Registration Form in
order to avoid problem of credit card abuse
and fraudulent. The user then will receive
an e-mail contains user name (usually your
e-mail address) and a provided password.
After that user have the right to change
password of your own at any time. Then you
are entirely responsible for maintaining
the confidentiality of your password and
user account. Furthermore, you are entirely
responsible for any and all activities that
occur under your account. You agree to notify
TheCyber.com immediately of any unauthorized
use of your account or any other breach
of security.
3.MEMBER
PRIVACY
It
is TheCyber.com's policy to respect the
privacy of its members. We will not edit,
or disclose any personal information about
you or your use of the Service, including
its contents, without your prior permission
unless we has a good faith belief that such
action is necessary to:
(1) conform to legal requirements or comply
with legal process;
(2) protect and defend the rights or property
of Powerful Network;
(3) enforce the Term Of Services; or
(4) act to protect the interests of its
members or others.
4.MEMBER
CONDUCT
As
a condition of your use of the Service,
you warrant to TheCyber.com that you will
not use the Service for any purpose that
is unlawful or prohibited by these terms,
conditions, and notices. The Service is
provided to individuals only and for personal
use only. Any unauthorized commercial use
of the Service, or the resale of its services,
is expressly prohibited. You agree to abide
by all applicable local, state, national
and international laws and regulations and
are solely responsible for all acts or omissions
that occur under your account or password,
including the content of your transmissions
through the Service. By way of example,
and not as a limitation, you agree not to:
Use the Service in connection with surveys,
contests, pyramid schemes, chain letters,
junk e-mail, spamming or any duplicative
or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
Publish, distribute or disseminate any
inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful material or
information.
Harvest or otherwise collect information
about others, including e-mail addresses,
without their consent.
Create a false identity for the purpose
of misleading others as to the identity
of the sender or the origin of a message.
Transmit or upload any material that
contains viruses, trojan horses, worms,
time bombs, cancelbots, or any other harmful
or deleterious programs.
Interfere with or disrupt networks connected
to the Service or violate the regulations,
policies or procedures of such networks.
Attempt to gain unauthorized access
to the Service, other accounts, computer
systems or networks connected to the Service,
through password mining or any other means.
Violate any applicable laws or regulations
including, without limitation, laws regarding
the transmission of technical data or software
exported from the United States through
the service.
Interfere with another member's use
and enjoyment of the Service or another
individual's or entity's use and enjoyment
of similar services.
5.DISCLAIMERS/LIMITATION
OF LIABILITY
The
information and services included in or
available through the Service may include
inaccuracies or typographical errors. Changes
are periodically added to the information
herein. You specifically agree that TheCyber.com
shall not be responsible for unauthorized
access of your user account.
6.TERMINATION
OF SERVICE
TheCyber.com
may terminate your access to any part or
all of the Service and any related service(s)
at any time, if TheCyber.com believes it
may cause any harm/fraud either direct or
indirect way, with or without notice. TheCyber.com
shall have no obligation to maintain any
content in your user account.
7.NO
SPAM; DAMAGES
TheCyber.com
will immediately terminate any account,
which it believes, in its sole discretion,
is transmitting or is otherwise connected
with any spam or other unsolicited bulk
e-mail.
8.PARTICIPATION
IN "Tell-A-Friend" PROMOTIONS
PROGRAM
TheCyber.com
shall have no obligation on "Tell-A-Friend"
participation promotions, including the
delivery of unsuitable content by any user.
TheCyber.com shall not be responsible or
liable for any part of any such participation
of "Tell-A-Friend" promotions
Program. TheCyber.com reserves all rights
to terminate/delete any entries which we
believe connected with any spams or unlawful
actions with or without notice.
9.PROPRIETARY
RIGHTS TO CONTENT
You
acknowledge that content, including but
not limited to text, software, music, sound,
photographs, video, graphics or other material
contained in either sponsor advertisements
or electronically distributed, commercially
produced information presented to you by
the Service, by TheCyber.com, or TheCyber.com's
Advertisers or other content providers,
is protected by copyrights, trademarks,
service marks, patents or other proprietary
rights and laws. You may make a copy of
this content for your personal, non-commercial
use only, provided that you keep all copyright
and other proprietary notices intact. You
may not modify, copy, reproduce, republish,
upload, post, transmit, or distribute in
any way content available through the Service
and its associated Web sites, including
code and software.
10.MODIFICATIONS
TO TERMS OF SERVICE, MEMBER POLICIES
TheCyber.com
reserves the right to change the Term Of
Service or policies regarding the use of
the Service at any time and to notify you
by posting an updated version of the Term
Of Service on this Web site. You are responsible
for regularly reviewing this statement.
11.SHIPPING
POLICY
Philtel.com
(TheCyber.com) will send products (Prepaid
Calling Card) to you within 24 hrs after
credit card or check is approved. There
is no charge for shipping cost. Tracking
information provided when we get customers
request.
12.PAYMENT
METHOD
Credit
Cards - We accept all major credit cards
including, Visa, Master and American Express.
There is no surcharge for using your credit
card to make purchases with Philtel.com
(TheCyber.com). Please be sure to provide
the exact e-mail address, telephone number
and the billing address your credit card
bank has on file for you. Incorrect information
may cause a delay in processing your order.
Your credit card will be billed by "
TheCyber.com" upon shipment of your
order. All orders placed over $100.00 (U.S.)
must obtain pre-approval with an acceptable
method of payment, as established by our
credit and fraud avoidance department. We
may require additional verifications or
information before accepting any order.
Money Orders, Cashier's Checks, Company
Checks, & Personal Checks - Philtel.com
(TheCyber.com) accepts money orders, cashier's
checks, personal checks, and company checks
in U.S. Dollars only. Orders are processed
upon receipt of a money order or cashier's
check. For personal and company checks,
please allow up to 10 banking days after
receipt for clearance of funds before the
order is processed. Philtel.com (TheCyber.com)
can not guarantee the availability of a
product by the time funds clear or payment
is received. We will charge a $25 fee on
all returned checks.
13.ORDER
ACCEPTANCE POLICY
Your
receipt of an electronic or other form of
order confirmation does not signify our
acceptance of your order, nor does it constitute
confirmation of our offer to sell. Philtel.com
(TheCyber.com) reserves the right at any
time after receipt of your order to accept
or decline your order for any reason. Philtel.com
(TheCyber.com) reserves the right at any
time after receipt of your order, without
prior notice to you, to supply less than
the quantity you ordered of any item.
14.RETURN
POLICY
If
the customers do not satisfy within our
products or services, please contact Customer
Service Department of each card. However,
if the problem occurs from Philtel.com such
as dissatisfaction delay or double charge
and you want to cancel the order (before
we send you a PIN number ), you will get
100% refund . Please allow 72 hours for
refunds to be processed and additional time
may occur with individual banks. The card
will be expired within 3 months from date
of first use or on the expiration date printed
on the card, whichever occurs first. No
refund or replacement is provided for lost,
stolen or expired cards or unauthorized
use.
15.
GENERAL
This agreement
is governed by the laws of the State of
Illinois, and the United States of America.
Use of the Service is unauthorized in any
jurisdiction that does not give effect to
all provisions of these terms and conditions,
including without limitation this paragraph.
You agree that no joint venture, partnership,
employment, or agency relationship exists
between you and TheCyber.com as a result
of this agreement or use of the Service.
TheCyber.com's performance of this agreement
is subject to existing laws and legal process,
and nothing contained in this agreement
is in derogation of TheCyber.com's right
to comply with governmental, court and law
enforcement requests or requirements relating
to your use of the Service or information
provided to or gathered by TheCyber.com
with respect to such use. If any part of
this agreement is determined to be invalid
or unenforceable pursuant to applicable
law including, but not limited to, the warranty
disclaimers and liability limitations set
forth above, then the invalid or unenforceable
provision will be deemed superseded by a
valid, enforceable provision that most closely
matches the intent of the original provision
and the remainder of the agreement shall
continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire
agreement between the user and TheCyber.com
with respect to the Service (excluding the
use of any software which may be subject
to an end-user license agreement) and it
supersedes all prior or contemporaneous
communications and proposals, whether electronic,
oral or written, between the user and TheCyber.com
with respect to the Service. A printed version
of this agreement and of any notice given
in electronic form shall be admissible in
judicial or administrative proceedings based
upon or relating to this agreement to the
same extent and subject to the same conditions
as other business documents and records
originally generated and maintained in printed
form. You and TheCyber.com agree that any
cause of action arising out of or related
to this Service must commence within one
(1) year after the cause of action arose;
otherwise, such cause of action is permanently
barred. The section titles in the Term Of
Service are solely used for the convenience
of the parties and have no legal or contractual
significance.
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