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Welcome
to Telesmart Communications. Please note that your use of our Site
constitutes your agreement to follow and be bound by the following
rules.
Explanation of
Phone calling card charges >
GENERAL
From
time to time change the rules that govern your use of our Site may
change. Your use of our Site following any such change constitutes
your agreement to follow and be bound by the rules as changed. We
may change, move or delete portions of, or may add to, our Site
from time to time.
SITE
CONTENTS
Unless
otherwise noted, all materials, including images, illustrations,
desings, icons, photographs, video clips, and written and other
materials that are part of this Site are copyrights, trademarks,
and/or other intellectual properties owned, controlled or licensed
by Telesmart . The Site as a whole is protected by copyright.
And
all other Telesmart trademarks appearing at this Site are trademarks
of Telesmart .
The
users of our Site intend the Contents of our Site, and the Site
as a whole, solely for personal, noncommercial use. You may download
or copy the Contents and other downloadable materials displayed
on the Site for your personal use only. No right, title or interest
in any downloaded materials or software is transferred to you as
a result of, any such downloading or copying. You may not reproduce
(except as noted above), publish, transmit, distribute, display,
modify, create derivative works from, re-sell or participate in
any transaction that exploits in any way, in whole or in part, any
of the Contents, the Site, or any related software.
USER
COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All
comments, feedback, postcards, suggestions, ideas, and other submissions
disclosed, submitted or offered to Telesmart on or by this Site
or otherwise disclosed, submitted or offered in connection with
your use of this Site (collectively, "Comments") shall
be and remain Telesmart 's property. Such disclosure, submission
or offer of any Comments shall constitute an assingment to Telesmart
of all worldwide rights, titles and interests in all copyrights
and other intellectual properties in the Comments. Thus, Telesmart
will own exclusively all such rights, titles and interests and shall
not be limited in any way in its use, commercial or otherwise, of
any Comments.
Telesmart is and shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay to user any compensation for
any Comments; or (3) to respond to any user Comments.
You
agree that no Comments submitted by you to the Site will violate
any right of any third party, including copyright, trademark, privacy
or other personal or proprietary right(s). You further agree that
no Comments submitted by you to the Site will be or contain libelous
or otherwise unlawful, abusive or obscene material. You are and
shall remain solely responsible for the content of any Comments
you make. To the extent that this Site contains links to outside
services and resources, the availability and content of which Telesmart
does not control. Any concerns regarding any such service or resource,
or any link thereto, should be directed to the particular outside
service or resource.
DISCLAIMER
THIS
SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE,
BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE
RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED
WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION
WITH YOUR USE OF OUR SITE, AND THAT Telesmart SHALL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
INDEMNIFICATION
You
agree to defend, indemnify and hold Telesmart harmless from and
against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site.
This Agreement shall be construed in accordance with the laws of
the Province of Ontario, without regard to any conflict of law provisions.
Any dispute arising under this Agreement shall be resolved exclusively
by the Provincial courts of the Province of Ontario, Southern District
of Ontario.
RATES
Rates
are subject to change without notice.
The charges are based on 60 seconds increments.
Liabilities are limited to the value of the un-used portion of the
account.
90 cents per call applies to calls made from public telephones using
an 800 number in the USA.
80 cents per call applies to calls made from public telephones using
an 800 number in
Canada
TERMINATION
This
Agreement is effective unless and until terminated by either you
or Telesmart . You may terminate this Agreement at any time. Telesmart
also may terminate this Agreement at any time and may do so immediately
without notice, and accordingly deny you access to the Site, if
in Telesmart 's sole discretion you fail to comply with any term
or provision of this Agreement. Upon any termination of this Agreement
by either you or Telesmart , you must promptly destroy all non-purchased
materials downloaded or otherwise obtained from this Site, as well
as all copies of such materials, whether made under the terms of
this Agreement or otherwise.
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