Update: May 17, 2012
Terms of Service
Termination of Service
Liabilities, Warrantees and Waivers
BinFone Telecom, LLC. ("BinFone") respects Subscriber's privacy and is committed to the protection of all of Subscriber's
privacy of Identifiable Information is respected and maintained.
What is Subscriber's "Identifiable Information"?
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. Identifiable Information can also include any information related
to calls placed on Subscriber's account.
Why Does BinFone Collect Subscriber's Identifiable Information?
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 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 various purposes; including, without limitation:
- To provide and/or change Subscriber Services;
- To bill Subscriber, run credit checks, or to initiate debt collection;
- To ensure that our website is Subscriber friendly, informative and easy to access;
- To create new services for Subscriber;
- To protect our Subscribers, employees or property from any type of illegal activity;
- To anticipate or resolve problems with Subscriber's Service;
- To inform Subscriber of new products, promotions or other marketing initiatives; and
- Other purposes as may become useful in the future.
Will BinFone Disclose Subscriber Information to Any Third Parties?
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 Identifiable Information to any third parties except for agents,
contractors or other third parties reasonably necessary to provide the Services, and those third parties are subject
to a confidentiality agreement to protect Subscriber's information.
Under What Circumstances Will BinFone Disclose Subscriber's Identifiable Information to Third Parties?
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, acting illegally, or
interfering with BinFone’s 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
How Does BinFone Collects Subscriber's Identifiable Information?
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:
- credit reporting agencies;
- suppliers of telecommunication services (e.g., other telecommunications and information service providers); or
- entities who supply services to us related to the provision of telecommunication services provided to Subscriber.
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 interfere with or preclude BinFone providing Services to Subscriber.
What about Subscriber's Identifiable Information Specific to Internet Services, the Services, or the BinFone Website?
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 does 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.
What Security Measures Does BinFone Use to Ensure the Privacy of my Subscriber's Identifiable Information is Maintained?
BinFone takes commercially reasonable steps to ensure that Identifiable Information we collect is stored in a secure
environment and 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.
How Can I Access, Review and Change Subscriber's Identifiable Information I Have Provided to BinFone?
BinFone allows Subscribers to review or update the Identifiable Information that they provided to BinFone by accessing
Subscriber's online account at www.BinFone.com ("Website"). 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
Terms of Service
Update: May 17, 2012
I. THE AGREEMENT
These Terms of Service constitute the agreement (the "Agreement") between VoiceInc.com Corporation d/b/a BinFone
("BinFone", us or we) and the Subscriber ("Subscriber") of BinFone's communications services ("Service") offered to
businesses through the BinFone website at www.BinFone.com ("Website"). "Subscriber" means (i) any person or entity who
has subscribed for, accessed or used the Service; (ii) the person identified in BinFone's account records as responsible
for payment of all charges; and/or (iii) any other person or entity with actual or apparent authority to represent a
person or entity using the Service.
Please read this Agreement carefully before accessing the Service. By accessing the Service, or paying for a BinFone
Service, Subscriber agrees to the prices, charges, terms and conditions in this Agreement. 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.
Subscriber also acknowledges that they have the authority to commit the entity named in the application to purchase
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 Subscriber's acceptance of the changes. The posted Agreement
supersedes all earlier agreements.
The Service rates are posted on the Website 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 the
Website or call the telephone number listed on the Website.
II. EMERGENCY CALLING SERVICE
A. TWO-WAY ENABLED CALLING.
The Service may include numbers (i.e., lines) for two-way (i.e., inbound and
outbound) calling. Two-Way lines are provided with 911 services. Subscriber is required to provide accurate, complete and
current information on file with BinFone for 911 purposes.
B. NO 911 OR E911 FOR ALL OTHER SERVICES. All Services other than Two-Way Enabled Calling (e.g., outbound
only, inbound only, numbers intended to be coupled with third party telecommunications networks, etc.) do 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.
A. ABUSE OF SERVICE.
Upon subscription and payment for the Service, BinFone hereby grants to Subscriber a
nonexclusive, nontransferable, revocable license to access and use the Service as described below. BinFone retains all
rights, title and interest to all aspects of Service; including, but not limited to, all copyrights, trademarks, patents
and all other associated intellectual property rights thereto, all technology, software, scripts, computer code and all
telephone numbers used in connection with or provided as part of the Service, unless otherwise stipulated.
B. REGISTRATION. Subscriber agrees to provide true, accurate, current and complete data to BinFone when
signing up for the Service and whenever requested by BinFone. Subscriber is solely responsible for maintaining the
confidentiality of Subscriber's password and Subscriber ID. Subscriber is responsible for all transactions and activities
that occur from access to Subscriber's account, whether or not such transactions and/or activities were authorized by
C. TERM OF SERVICE. Service is offered on a monthly basis from the first day of a calendar month through
the last day of such month. Monthly terms automatically renew without further action by Subscriber unless Subscriber gives
BinFone notice of non-renewal at least ten  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 remains responsible for the full month's charges to the end of the then-current term
(e.g., to use any prepaid balance prior to the end of the applicable term), including without limitation unbilled charges
and any applicable disconnect fee. Upon expiration or earlier termination of this Agreement, all outstanding charges are
immediately due and payable.
D. NOTICE OF RATE CHANGES. BinFone may change the prices and charges for the Services from time to time.
Price increases will be published on the Website and are thereby 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 on the
Website 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.
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 the Website 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
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 "Taxes"). 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.
III. TERMINATION OF SERVICE
A. ACCOUNT INACTIVATION BY BinFone.
In order to maintain or improve the Services, to prevent fraudulent
transactions, or for any other reasonable purpose determined by BinFone, in its sole discretion and without liability, may
restrict, suspend, terminate or modify Subscriber's service and/or block Subscriber's access to BinFone's 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 illegally
- 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.
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, identification and signature. Subscriber agrees that
all payments will be made to BinFone via credit card, Paypal or other means designated by BinFone. 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 on the Website. BinFone will invoice all charges, in advance, to Subscriber's credit card, including but not
limited to: activation fees and monthly Service fees, Taxes, 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.
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, hacking, power outages, 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. Subscriber shall indemnify, defend, and hold harmless BinFone (and its officers,
agents, employees, directors and those of its affiliates) against all claims of loss or damage arising from the use of
Binfones Service through Subscriber's account; including, without limitation, 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 is not liable for any act or omission of any other company or person furnishing
a portion of the service, or from any act or omission of a third party, including those vendors participating in BinFone's
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 is solely liable for all transmissions sent through the
Service from its account. Subscriber shall not use the Service to create or distribute any images, sounds, messages or
other materials that are offensive or 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
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 (i.e., claims of fraudulent usage, shall not constitute a valid basis
for dispute of an invoice).
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.
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.
D. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the internal laws
of the State of California without effect to its conflict of laws provisions. In the event of a dispute arising under
this Agreement or in any way relating to the Service, the prevailing party shall be entitled to recover its costs and
reasonable attorneys' fees incurred in connection with such action. Subscriber agrees on behalf of itself that any
persons claiming by or through them that the sole location and venue for any litigation that may arise hereunder shall
be in an appropriate federal or state court located in Orange County, California.
E. 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.
BinFone's Subscriber Service Department is available to assist Subscriber with any privacy concerns. Contact
BinFone Subscriber Services
4695 MacArthur Court, Suite 930
Newport Beach, CA 92660
Telephone Number: 410-999-9350
Fax Number: 410-999-9351
Subscriber may also email BinFone directly through the Website, and then click on "Contact Us".
© 2012 VoiceInc.com Corporation
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2005-2006 BinFone Telecom, LLC..
Updated December 13, 2005
Updated February 18, 2006
Updated December 13, 2006
Updated May 17, 2012