BinFone Telecom, LLC. ("BinFone") respects Subscriber's privacy
and is committed to the protection of all of Subscriber's Identifiable
Information. This Privacy Policy has been developed to ensure that the privacy
of the information we obtain in the normal course of providing our Services to
our Subscribers is respected and maintained.
"Subscriber's Identifiable Information" consists of information that is or
by inference can be associated with a specific entity, or permits the entity or
persons affiliated with the entity to be contacted by any means. This
information includes, for example, a Subscriber's name, address, telephone
number and email address, or the names, addresses, telephone numbers of email
addresses of individuals affiliated with an entity. Subscriber Identifiable Information can also include any
information related to calls placed on Subscriber's account.
BinFone collects Subscriber's Identifiable Information for a variety of
purposes, all intended to delivering or improving the delivery of Services to Subscriber.
BinFone recognizes that any information provided to BinFone by Subscriber is
very important to Subscriber and to Subscriber's business and that Subscriber
should have a right to control the use and dissemination of that information.
BinFone may collect and use Subscriber's Identifiable Information for any of
the following purposes:
The information collected by BinFone will only be used at BinFone, subject
to the limitations listed below. Unless Subscriber gives BinFone consent,
BinFone will not disclose any Subscriber's information to any third parties..
When BinFone uses agents, contractors or other third parties to perform
services on its behalf, and those third parties have access to Subscriber's
Identifiable Information, BinFone will require that those third parties are
subject to a confidentiality agreement to protect Subscriber's information.
BinFone may be required to disclose Subscriber's Identifiable Information to
comply with applicable US or International law under a subpoena, a court order,
or as required by a regulatory or administrative agency in a legal or mandatory
proceeding. BinFone may also disclose Subscriber's Identifiable Information if
BinFone, in good faith, believes that it is necessary to identify, contact or
bring legal action against individuals who may be a threat to public safety or
interfering with BinFone network, services or that of our Subscribers. BinFone
reserves the right to stop providing Service (please see relevant sections
under the User Agreement) or to sell or transfer all or part of its business to
unaffiliated companies. Under these
circumstances, BinFone will provide Subscriber's Identifiable Information to
these unaffiliated companies under confidentiality agreements that will
obligate them to keep Subscriber Identifiable Information confidential.
BinFone collects Subscriber's Identifiable Information in the process of
Subscriber completing an application for one of the products or services that
we offer. BinFone may also collect personal information from third parties such
as:
If Subscriber dos not want BinFone to have Subscriber's Identifiable
Information, then do not provide us with such information. Not submitting
requested information may, however, interfere with BinFone's ability to provide
Services to the Subscriber.
For Subscribers of BinFone's Services, or for those entities or employees of
those entities that access BinFone's website or web-based tools via the
internet, BinFone may store information on Subscriber's computer in the form of
a "cookie" or similar file. If Subscriber do not want a "cookie" or similar
file stored on Subscriber's computer, BinFone recommends that Subscriber block
or monitor the cookies attached to Subscriber's computers. BinFone may collect
information about visits to our website, session lengths, bit rates and the
number of messages and bytes passed. This internet usage data is not resold or
otherwise disseminated to any third parties.
BinFone takes all reasonable steps to ensure that all information we
collect, use or disclose is accurate, complete, up-to-date and stored in a
secure environment accessed only by authorized persons. To protect the security of all credit card
information, we employ the industry-standard Secure Sockets Layer (SSL)
technology. We also encrypt your credit card number when we store your order
and whenever we transfer that information to participating merchants.
BinFone allows Subscriber to review or update the available Subscriber's
Identifiable Information that BinFone received directly from Subscriber (not
from any third parties) by accessing Subscriber's account online at the Web
site, www.BinFone.com. In order to ensure Subscriber's privacy is maintained,
BinFone may ask for information to verify Subscriber's identity prior to
granting Subscriber access to Subscriber's information.
In the event that BinFone makes material changes to this policy, BinFone
will post a new Privacy Policy on its website www.BinFone.com. It is the responsibility of the Subscriber
to periodically check the site for changes and updates to the Privacy
Policy. The current version of the Privacy
Policy is binding on both BinFone, and Subscriber.
These Terms and Conditions enumerated here constitute the agreement (the
"Agreement") between BinFone Telecom, LLC. ("BinFone", us
or we) and the Subscriber ("Subscriber") of BinFone's small business
communications services ("Service"). provided to call centers and telecommunications centers offered
for sale directly or through the BinFone site (www.BinFone.com). "Subscriber" means either (i) the
entity contracting service; (ii) the person identified in BinFone's account
records as responsible for payment of all charges; or (iii) any other person
with actual or apparent authority to represent the entity using the service(s).
Please read this Agreement carefully before accessing the
Service. By accessing the Service, or paying for the BinFone Services, Subscriber agrees
to the prices, charges, terms and conditions in this Agreement. If Subscriber
do not agree to these prices, charges, terms and conditions, do not use the
services. By activating
the Service, Subscriber acknowledges that Subscriber has read, understood, and
agreed to the terms and conditions of the Agreement. Furthermore, the Subscriber represents that they are of legal age
to enter the Agreement and become bound by its terms. ubscriber also acknowledges that they have the authority to
commit the entity named in the application to purchase Services.
BinFone may change the Terms and Conditions of the
Agreement in whole or in part at its sole discretion. Notice is considered to be given and
effective on the date posted at www.BinFone.com. Subscriber's continued use of
the Service after a revised Agreement of has been posted constitutes acceptance
by the Subscriber. The posted Agreement
supercedes all previous Terms and Conditions.
The rates and charges for the Service, which may be found at www.BinFone.com,
are effective as of November 1, 2005 and are subject to change. For Subscriber's
most current rates and charges, the most current version of the Agreement, or
if Subscriber has questions about Subscriber's services, please visit our
website at www.BinFone.com or call us at the number listed on the BinFone site.
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II. EMERGENCY CALLING SERVICE
A. NO 911 OR
E911 DIALING SERVICE PROVIDED. Subscribers
based in the United States of America acknowledge and understand that the
Service does NOT support traditional 911 or E911 access to emergency services. Subscribers
further acknowledge and understand that BinFone's liability is therefore limited
as set forth in this document. Subscriber agree to defend, indemnify, and hold
harmless BinFone, its officers, directors, employees, affiliates and agents and
any other services in connection with this Agreement or the Service, from any
and all claims, losses, damages, fines, penalties, costs and expenses
(including, without limitation, reasonable attorneys fees) by, or on behalf of,
Subscriber relating to the absence, failure or outage of the Service, including
Emergency Calling Service dialing and/or inability of Subscriber or any third
person or party or Subscriber of Subscriber's Service to be able to dial 911 or
to access emergency service personnel.
B. NO 911 SERVICE PROVISION FOR WHOLESALE
SERVICE. Subscriber acknowledges it
is receiving a wholesale service, not intended for direct resale to an end
user. Subscriber will not have end user telephones directly connect with
the BinFone system without assuring subscriber's end users have E911 service,
as required by the FCC. Unless Subscriber has explicitly negotiated with
BinFone, BinFone does not provide E911 service. BinFone's service is not
intended to provide inbound and outbound service directly to an end user's
telephone. It is intended to be coupled with local telecommunications
services for the provision of emergency calling.
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III. SERVICE
ABUSE OF
SERVICES.When Subscriber
accepts this Agreement, BinFone LLC. hereby grants to Subscriber a
nonexclusive, nontransferable, revocable license to access and use the Services
as described below. BinFone shall retain all rights, titles and interest to all
aspects of Services including but not limited to all copyrights, trademarks,
patents and all other associated intellectual property rights thereto,
including all technology, software, scripts, computer code and all telephone
numbers used in connection with or provided as part of the Services, unless
otherwise stipulated.
B.REGISTRATION. Subscriber agrees to provide true,
accurate, current and complete data to BinFone when signing up for the Services
and whenever requested by BinFone. Subscriber is solely responsible for the
maintaining the confidentiality of Subscriber's password and Subscriber
ID.Subscriber will be held responsible
for all transactions and activities that occur in the event that Subscriber
discloses password and/or Subscriber ID, whether or not such transactions
and/or activities were authorized by Subscriber.
C. TERM OF
SERVICE.Service is offered
on a monthly beginning on the date that BinFone activates the Subscriber's
account (the "Activation Date") and ends on the day before the same
date in the following month. Subsequent terms of this Agreement automatically
renew on a monthly basis without further action by Subscriber unless Subscriber gives BinFone notice
of non-renewal at least ten [10] days before the end of the monthly term in
which the notice is given. Subscriber is purchasing the Service for full
monthly terms, meaning that if Subscriber terminates Service before the end of
a monthly term, Subscriber will be responsible for the full month's charges to
the end of the then-current term, including without limitation unbilled
charges, plus any applicable disconnect fee, all of which immediately become
due and payable. Expiration of the term or termination of Service does not
excuse the Subscriber from paying all unpaid, accrued charges due in relation
to the Agreement.
D. NOTICE OF
RATE CHANGES.BinFone may
change the prices and charges for the Services from time to time. We may
decrease prices without providing advance notice. Changes to any other rates,
charges, or terms or conditions in the Agreement will be published at www.BinFone.com
and will be incorporated by reference into this Agreement.
E. ROUNDING
POLICY.For billing
purposes, each call is rounded to the nearest whole minute; if a call includes a fraction of a cent, the
fraction is rounded up to the nearest whole cent. If the computed charges for
taxes and surcharges include a fraction of a cent, the fraction is rounded up
to the nearest whole cent.
F. CALLS TO
INTERNATIONAL MOBILE TELEPHONES. The applicable rates for international calls listed at www.BinFone.com are typically the rates
charged for calls to landline telephones. However, some calls to international
mobile telephones, or to international telephone numbers are considered to be
special services calls, and therefore are charged a different rate than calls
to landline telephones.Please see our
site at www.BinFone.com for specific
applicable rates.
G. COPYRIGHT
AND TRADEMARK. The Service
and any firmware or software used to provide the Service or provided to Subscriber
in conjunction with the Service, all information, documents and materials on BinFone's
website(s) are protected by trademark, copyright or other intellectual property
laws and international treaty provisions. All websites, corporate names,
service marks, trademarks, trade names, logos and domain names (collectively
"marks") of BinFone are and shall remain the exclusive property of BinFone
and nothing in this Agreement shall grant Subscriber the right to license or to
use such marks. Subscriber who may wish to place a BinFone logo or other
BinFone mark on a web site or promotional materials should contact us to
discuss a royalty-free license.
H.
INTERNATIONAL SERVICE, INTERNATIONAL PHONE NUMBERS. Subscribers who purchase
international (non-United States) direct inward dial phone numbers
("DIDs") are provided with these numbers based on current United
States and overseas regulations. These regulations are subject to change
without notice and BinFone may be required to discontinue this service, without
notice. BinFone reserves the right to discontinue International DID services
for any reason at any time and is only obligated to refund the pro-rated
monthly fee. Foreign carriers or regulatory agencies may impose, upon the
portion of the end-to-end international service or facilities they provide,
certain limitations or restrictions that may limit Subscriber ability use the BinFone
services. Subscriber must conform to any limitations or restrictions imposed by
the foreign carriers or agencies. BinFone
is not liable for acts or omissions of other carriers or foreign
telecommunications administrations.
I. TAXES. BinFone may elect or may be compelled to
impose and collect taxes, tax-like charges, and tax-related surcharges (referred
to collectively as "Tax(es)"). Subscriber agrees to pay all Taxes imposed.
J. LONG DISTANCE CALL DISTRIBUTION. Long distance calling will observe the 80/20 rule, with at least 80% RBOC termination. Calling will not be disproportional to rural areas; the mix of rural to urban will be roughly proportional to U.S. population generally or will be skewed in favor of urbanized areas. Toll free calling (calls to domestic "toll free" numbers) will not exceed 5% of a customer's termination.
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III. TERMINATION OF SERIVCE
A. ACCOUNT INACTIVATION BY
BinFone. In order to maintain
or improve the Services, to prevent fraudulent transactions, or for any other
reason determined by BinFone, BinFone
at its sole discretion, and without liability, may restrict, suspend, terminate
or modify Subscriber's service and/or block Subscriber's access to BinFone
network with or without notice for reasons including, but not limited to:
- Failure of Subscriber to pay
for service
- Subscriber exceeds amount of
credit
- Subscriber makes a false
statement or claims to BinFone
- Subscriber interferes with or
disrupts BinFone's Subscriber service or other business operations
- Subscriber declares
bankruptcy
- Subscriber breaches any part
of this agreement
- Subscriber's credit
information cannot be validated
- BinFone believes or suspects
that Subscriber's account is being misused, used fraudulently or used for
any unlawful activity
- BinFone believes or suspects
that Subscriber's account directly or indirectly affects or can
potentially affect service to other Subscribers
- BinFone believes or suspects
that the use of Subscriber's account indirectly or directly affects or has
can potentially affect BinFone's operations.
Upon termination for any reason, and without liability BinFone may
immediately deactivate Subscriber's account, purge data and files in
Subscriber's account, reassign any telephone numbers associated with the
account, and/or bar any further access to such files, information, or the
Services. BinFone shall not be liable to Subscriber or any third party for any
reason for terminating this Agreement or access to Services or for modifying this
Agreement and/or the Services.
B. ACCOUNT
INACTIVATION BY SUBSCRIBER. Subscriber can cancel the Services by
following the instructions on the Site. Subscriber's termination is not
complete until processed by BinFone and charges will continue to accrue until
termination is complete. Processing is normally done within 72 hours of
Subscriber's request. Applicable
charges for cancellation are described above.
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IV. PAYMENT OBLIGATIONS
A. CREDIT CARDS AND CHARGING PROCEDURES. In order to open an account and maintain an
account in good standing, Subscriber must provide BinFone with a valid credit
card number. Subscriber agrees that all payments will be made to BinFone via
credit card, including MasterCard®, or VISA®. BinFone may charge the credit cards at any time at its sole
discretion in order to maintain a positive
balance in the Subscriber's account. If the credit card
expires, if Subscriber closes Subscriber's credit card account or Subscriber's
billing address changes, or the credit card is cancelled and replaced because
of loss or theft, Subscriber must advise BinFone immediately. Subscriber must
promptly notify BinFone of any change in Subscriber's invoicing address or, if
applicable, in the credit card or bank account used for payment. Subscriber
should notify the BinFone Billing Department by following the relevant
instructions at www.BinFone.com. BinFone will invoice all charges, in advance,
to Subscriber's credit card, including but not limited to: activation fees and
monthly Service fees, advanced feature charges, equipment purchases and
shipping and handling charges. If BinFone changes its rates, recurring monthly
charges affected by such change will be assessed at the new rate for the full
billing period during which the new recurring charge rate became effective.
B. TERMINATION DUE TO CREDIT CARD
FAILURE. BinFone may terminate Subscriber's
Service at any time at its sole discretion if any charge to Subscriber's credit
card is declined or reversed, if Subscriber's credit card expires, or in case
of any other non-payment of account charges. Termination of Service for
declined or expired card, reversed charges or non-payment leaves Subscriber
fully liable to BinFone for all charges accrued before termination and for all
costs incurred by BinFone in collecting such amounts, such as (but not limited
to) collection costs and attorney's fees. If BinFone hires a collection agency
to collect, or attempt to collect, any charges owed BinFone; Subscriber will be
liable to BinFone for an additional payment equal to 35% of the charges owed,
where permitted by applicable law. If BinFone incurs any fees or expenses,
including attorneys' fees, in collecting, or attempting to collect, any charges
owed BinFone other than by hiring a collection agency, Subscriber will be
liable to BinFone for the payment of all such fees and expenses reasonably
incurred.
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V. LIABILITY
A. BinFone'S LIMITS OF LIABILITY. BinFone will not be liable for: (i) any
failure of performance due to causes beyond its control, including, but not
limited to, acts of God, fires, floods or other catastrophes; national
emergencies, riots or wars, acts of terrorism, strikes, lockouts, work
stoppages or other labor difficulties; and any law, order, regulation or other
action of any governing authority or agency thereof; or (ii) delayed
installation of BinFone's facilities or commencement of service. In no event will BinFone be liable to
Subscriber for any indirect, special, incidental, consequential, exemplary, or
punitive loss or damage of any kind, including lost profits by reason of any
act or omission in its performance under this agreement. This section survives
termination of this agreement. In the
event BinFone is found liable under any circumstance under the terms of this
agreement, BinFone's liability shall be limited to the unused balance of Subscriber's
subscription payment pro-rated to reflect the current term. If Subscriber is
dissatisfied with the Service or with any terms, conditions, rules, policies,
guidelines or practices of BinFone in operating the Service, Subscriber's sole
and exclusive remedy is to discontinue using the Service.
B. INDEMNIFICATION. BinFone will
be indemnified, defended, and held harmless by Subscriber against all claims of
loss or damage arising from the use of service furnished by BinFone, including,
allegations or claims for libel, slander, invasion of privacy, or infringement
of copyright arising out of the material, data, information, or other content
transmitted via BinFone service; and all other allegations and claims arising
out of any intentional act or omission by Subscriber or others authorized by Subscriber
to use the service, in connection with any service provided by BinFone.
C. NO WARRANTEES. BinFone makes no express or implied representations
or warranties about its services and disclaims any implied warranties,
including, but not limited to, warranties or implied warranties of
merchantability or fitness for a particular purpose or use or non-infringement. BinFone does not authorize anyone to make a
warranty on BinFone's behalf and subscriber may not rely on any statement of
warranty as a warranty by BinFone. The
service provided by BinFone is applied on an "as is" and "as
available" basis without warranties of any kind, either express or
implied.
D. OTHER PARTIES. BinFone will not be liable for any act or
omission of any other company or companies furnishing a portion of the service,
or from any act or omission of a third party, including those vendors
participating in BinFone offerings made to Subscriber, or for damages
associated with service, or equipment that it does not furnish, or for damages
that result from the operation of Subscriber provided systems, equipment,
facilities or services that are interconnected with BinFone services.
E. LIABILITIES DUE TO ILLEGAL ACTS. Subscriber shall be solely liable
for any transmissions sent through the Service. Subscriber shall not use the
Services to create or distribute any images, sounds, messages or other
materials, which are illegal. Subscriber will abide by all rules, regulations,
procedures and policies of BinFone and any policies of the networks connected
to the Services. Subscriber agrees to abide by all applicable local, state,
national, foreign and international laws and regulations and is solely
responsible for all acts or omissions that occur under Subscriber's account or
password. Subscriber acknowledges and agrees that BinFone may disclose any
information about Subscriber if required to do so by law or to comply with
legal process, or enforce this Agreement.
F. THIRD PARTY FRAUD. Subscriber understands that BinFone has no
ability to prevent fraudulent use of Service by third parties. Further, Subscriber
shall bear responsibility for paying for all usage of the Services, whether such
usage was fraudulent or otherwise, ie. claims of fraudulent usage, shall not
consititute a valid basis for dispute of an invoice.
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VII. MISCELLANEOUS PROVISIONS
A. ENTIRE
AGREEMENT. These Terms and Conditions constitute the entire
Agreement between Subscriber and BinFone. Subscribers may not modify or assign
this Agreement. In its sole discretion, BinFone may assign this Agreement. This
Agreement is binding upon Subscriber and BinFone and upon, respectively,
Subscriber's and BinFone's agents and heirs. This Agreement is governed by and
construed under the laws of the State of Maryland and applicable federal law.
This governing law provision applies no matter where Subscriber reside, or
where Subscriber use or pay for the services.
B. NO WAIVER
OF RIGHTS. If either party fails to enforce any right or remedy
under this Agreement, that does not waive the right or remedy for any other
breach or failure.
C.
SEVERABILITY. If any part or provision of this Agreement is finally
determined to be invalid or unenforceable under applicable law by a court of
competent jurisdiction, then that part or provision will be ineffective only to
the extent of such invalidity or unenforceability, without in any way affecting
the remaining parts or provisions of this Agreement.
H. SURVIVAL. Any
liability or obligation of a party to the other party under the provisions of
Sections I, II, IV, V and VII as applicable, will, in each case, survive
cancellation or termination of this Agreement.
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Contact Us
BinFone's Subscriber Service Department is available to assist Subscriber
with any privacy concerns. Contact information follows:
Mailing Address:
BinFone Subscriber Service Department
BinFone Telecom, LLC.
PO Box 2294
Baltimore, MD 21203-2294
Attn: Privacy Policy Team
Telephone Number: 410-999-9350
Fax Number: 410-999-9351
Email: support@BinFone.com
Subscriber may also email BinFone directly through the website at http://www.BinFone.com, and then click on
"Contact Us".
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© 2005-2006 BinFone Telecom, LLC..
Updated December 13, 2005
Updated February 18, 2006
Updated December 13, 2006
