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Terms Of Service

These are the Terms and Conditions on which iPowerCalls will provide you with their telephony and any other services on its web site . By registering with iPowerCalls you indicate that you accept these Terms and Conditions and agree to be bound by them:

1. Description of Service

BroadNet Technologies, LLC (iPowerCalls) agrees to provide you with the capability to make telephone calls via the World Wide Web as well as other web related services pursuant to the terms and conditions of this Agreement. Some parts of the service may be sponsored by a third party. iPowerCalls or its third party sponsors may provide free offers from time to time. However iPowerCalls or its sponsors may vary its offers, discontinue its free offers or modify or discontinue the services provided at any time and without notice to you, without being liable for any losses or damages you may suffer as a result.


2. Modification to Terms of Service

iPowerCalls reserves the right in its absolute discretion at any time and without notice to you to amend, vary or discontinue any of its services. It may also vary its Terms and Conditions including the price of our services, at any time without notice to you. You will be notified of such changes by a posting on our web site, by notice with your bill, direct mail or by any other reasonable means. You agree that if you should use our services after notice of any changes have been notified to you as provided in this clause, you will be deemed to have accepted such amendments and become bound by them. Your use of the service at all times will be conditioned upon your consent and adherence to current Terms of Service of iPowerCalls.

3. Payment for Services

iPowerCalls will charge you for our services at the current price in accordance with applicable tariffs, taxes and duties in force at the time you use our services. Services are charged in seconds. Call charges will be rounded up to the next whole penny. All prices for our services will be exclusive of taxes and duties for customers based in the state of New Jersey where sales tax will be applied at the rate of 7% and shall be considered whenever there is a variation of price published in the country price list on the web site. You are advised to check the country price list anytime you wish to make a call. Payment for the service is not refundable in any case unless iPowerCalls terminates its services while your account is in credit. However should your account be terminated for cause in accordance with the Terms and Conditions herein or for not using the service for a continuous period of 3 months (see clause 7), you will not be entitled to any refund of credit on your account.

4. Offer and Method of Acceptance

All information displayed on our web site and communication made to you by iPowerCalls constitutes an Invitation to Treat, and should in no way be construed as an offer or a unilateral contract. Prices and availability of services are subject to change. You agree not to change these standard terms and conditions from the form presented to you by iPowerCalls. Your completion of our online registration form constitutes the offer which iPowerCalls can decide to accept or reject. If iPowerCalls decides to accept your offer, acceptance will be effective once sent by iPowerCalls.

5. User Data

You agree that iPowerCalls may use your personal information data which your provided to it at the time of registration and amended by you subsequently, and to disclose your personal information to but not limited to the following, iPowerCalls agents, related companies, carriers, business partners, Sponsors and regulatory authorities, for the purpose of administration and management of your account, research, technical support and marketing purposes. iPowerCalls will periodically ask you to update the personal information you have provided. You agree to provide such update when requested. Your credit card details will be kept for three months for security reasons. The information requested is subject to the Data Protection Act.

6. User Responsibilities

You are responsible for maintaining the confidentiality of your password and account details and for any and all activities that occur in the use of your account with iPowerCalls. You agree to immediately notify iPowerCalls of any unauthorized use of your account or any other breach of security known to you within 24 hours of discovering such unauthorized use of your account or breach of security. You may change your password at anytime by following the posted instructions. User agrees that the computer they are using for the iPowerCalls service meets the Technical Requirements as set out on the Support page of the iPowerCalls web site. You are responsible for establishing and maintaining necessary connections to the World Wide Web at your own expense and for providing all equipment necessary for connection, including a computer and modem. You agree not to interfere with the use and enjoyment of the service by other users, not to use the service for illegal purposes, not to interfere with or disrupt the service or servers or networks connected to the service, to comply with all requirements, procedures, policies and regulations of networks connected to the service and to comply with all applicable laws regarding the transmission of technical data. You agree that you are solely responsible for the content of your transmissions through the service, agree not to transmit any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, defamatory, vulgar, obscene, tortious or otherwise objectionable material of any kind. You agree not to transmit any material that violates the rights of another including, but not limited to, intellectual property rights, and agree that you are solely responsible for obtaining any consents necessary to transmit any such material to another. You agree not to transmit any material that violates or promotes the violation of any applicable local, state, national or international law or regulation. You agree not to transmit "junk mail", "chain letters", "spam" or unsolicited mass distribution of email. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the service. You agree not to attempt to compile or compile lists of iPowerCalls users for any reason or in any form. You agree not to transmit, insert, embed or knowingly cause computer viruses (or any code having virus-like effects) to the iPowerCalls web site, any web site linked to it's website or to the accounts of any of its respective users. You agree not to resell the service or use of or access to the service without explicit authorization and/or a contractual agreement. You agree to indemnify and hold iPowerCalls, its sponsors, its parents, subsidiaries, affiliates, officers and employees free from any claim or demand including attorney's fees, made by any third party due to or arising out of your use of the service, your connection to the service and your violation of the terms and conditions of this Agreement, or your violation of the rights of a third party.

7. Termination of Services

You agree that iPowerCalls may terminate your password, account or use of the Service if iPowerCalls believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or that you have violated the rights of iPowerCalls, its sponsors, other users or third parties. You further agree that iPowerCalls reserves the right to terminate your password, account and use of the Service if you fail to use the Service at least once in a three month period.

8. Phone Call Transmission and Other Limitations

iPowerCalls has set no fixed upper limit on the number of calls you may make through the Service. iPowerCalls will endeavour to transmit all your calls to the requested destination as long as your account is in credit, but however assumes no responsibility for failure to transmit any of your calls whatever the circumstances may be.

9. Links to External Sites, Banners and Advertisements

iPowerCalls may include commercial messages on its web sites. These may include links to external sites, banners and advertisements by iPowerCalls and its sponsors. You agree that iPowerCalls and its Sponsors shall not be responsible or liable directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or in reliance on any such content, goods or services promoted on such commercial messages.

10. Sponsor/ Advertiser and User Relationships

Your correspondence or participation in promotions of a Sponsor or other Advertiser promoted on our web site including payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the Sponsor or Advertiser. You agree not to hold iPowerCalls liable for any loss or damage of any sort incurred as the result of such dealings or as the result of the presence of such Sponsors or Advertisers on our web site.

11. iPowerCalls Proprietary Rights

You acknowledge and agree that all content, including but not limited to the text, software, music, sound, photographs, video, or other material contained in this web site and in a Sponsor's or Advertiser's advertisements and information presented to you through this service or the Sponsor's service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only as expressly authorised by iPowerCalls, its Sponsors or Advertisers, and that you may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.

12. Disclaimer of Warranties

You acknowledge and agree that the use of this Service is at your sole risk and that the Service is provided on an "as is" and "as available" basis. iPowerCalls EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY, FUNCTIONALITY OR ANY OTHER ASPECT OF THE SERVICE OR ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICE. THERE ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. No advice or information whether oral or written, obtained by you from iPowerCalls or a Sponsor or Advertiser or through or from the Service shall create any warranty not expressly stated herein. Because some jurisdictions do not permit the exclusion of certain warranties, all of these exclusions may not apply to you.

13. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL iPowerCalls, ITS PARENT, ITS SUBSIDIARIES, IT'S SPONSORS, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANY PERSON CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT OUT OF THE USE OR INABILITY TO USE THE SERVICE, FROM ANY LOSS OR INACCURACY OF DATA, , INCOME, PROFIT, REVENUE, BUSINESS, CONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF iPowerCalls HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, iPowerCalls'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. HOWEVER, NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY ON THE PART OF iPowerCalls FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE.

14. GENERAL

All notices to you or any party shall be in writing and may be notified by pasting it on the web site, via e-mail or conventional mail. iPowerCalls may broadcast notices or messages through the Service to inform you of changes to these terms and conditions, the Service, or other matters of importance; such broadcasts shall constitute notice to you. Except as otherwise expressly provided herein, any provision of this Agreement may be amended and the observance of any provision of this Agreement may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the written consent of iPowerCalls. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS LIABILITY AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL BARGAINED FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. This Agreement shall be deemed to have been made in, and shall be construed pursuant to English law without regard to conflicts of laws provisions thereof, and the English courts shall have exclusive jurisdiction in relation to any disputes arising under this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred. The section headings in this Agreement are for convenience only and have no legal or contractual effect.

PRIVACY AGREEMENT

iPowerCalls is committed to the privacy and security of your personal information. This statement explains how we treat the personal information you have provided us when using our services through our site.

The Information we collect

In order to keep you informed of any interesting free or competitive telephony and associated offers from us, our sponsors or advertisers, we collect personal information about you. When you register with us, we will store your e-mail address together with any other information you may have provided us with about yourself. When you purchase calling time from us we will need to collect more information from you including but not limited to your credit card details and home address.

What we do with the Information we collect

iPowerCalls uses your information to provide you with the best offers from ourselves, our sponsors and advertisers. From time to time we may send you email describing offers that we feel will be of interest with you. If you have any questions or concerns about the information we hold about you, or you no longer wish to receive notice of any offers, you may contact us by sending an e-mail to our customer service dept. who will then deal with your query or take you off our mailing list as the case may be. We use the information to process your transactions with us and for internal administration, evaluation and analysis. We shall disclose your details to third parties only for the purpose of carrying out your transactions with us, providing our telephony and related services to you as well as administration and for the purpose of obtaining any professional advice. We shall not sell, rent, or trade your personal information to third parties without your express consent. If we do obtain your consent for this, we may send your information to any country. Various countries offer differing levels of personal data protection and some of these are not as high as in the United States. Other than the above we shall only disclose your personal information to third parties when required by law and where we believe that it is necessary to protect the rights and property of iPowerCalls or any other party.

Cookies

We use cookies (small bits of information that a web site transfers to a visitors computer to act like a tag for record keeping purposes) for operational purposes only. Cookies are used to enable us to identify you when you visit our sites on subsequent occasions and thereby to facilitate a speedier dialing up process for you in accessing and using our service. We assure you that these cookies do not contain any information regarding your telephone number, account or payment details, nor can any of this information be accessed using the cookies. We further assure you that these cookies do not collect any information regarding the use of your personal computer or internet browsing in any way.

Consent

By disclosing your personal information to us using this web site or over the telephone, you consent to the collection, storage and processing of your personal information by iPowerCalls as set out in this Privacy Statement.

Secrecy of Username and Passwords

You are responsible for keeping your username and password secure. Please be sure to keep this information safe and do not share it with others. You are advised not to chose an obvious password that may be easily guessed by members of your family, friends, college mates or work colleagues. If you suspect that someone knows your password you should change it immediately by following the instructions on the web site and report to us immediately.

Changes in Privacy Statement

If at anytime in the future we decide to change our privacy statement we shall notify you by posting the changes here.