TEL3 Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE.

TEL3 is a prepaid phone service where simplicity meets savings. TEL3 provides cheap International calling rates like calling cards but in addition it also offers simplicity with its benefits such as flexible recharge options, pin-less dialing, apps for your smart phones and more. There are absolutely no hidden fees.

Introductory Rates:

The promotional introductory rates are applicable for the first 6 months of service so you can compare our quality and convenient service with others while enjoying big savings. After 6 months, TEL3 offers two plans. There is no difference in EITHER PLAN in terms of features or the quality of the service - only the rates and the monthly fee changes.

Your plan will be changed to the Standard Plan automatically (no monthly fee). However if you make calls frequently, we recommend you to change your plan to the Premium Plan later so you can save even more. You can change your plan anytime either online or via customer service at 1 (800) 482-4459. If you decide to switch to the ’Premium Plan’ after the introductory period of 6 months, a monthly service fee of up to $1.95 will apply.

TEL3 reserves the right to change the introductory rates and the duration of the introductory offer anytime. Changes of this nature are generally driven by changes in the market conditions.

Pricing and Fees:

There are no monthly fees or any hidden charges for TEL3 Intro Plan and Tel3 Standard Plan. However, there is a monthly fee of $1.95 for Tel3 Premium Plan. There are no other fees or hidden charges for Tel3 Premium Plan other than the $1.95 monthly fee. You pay only for the calls that are connected (person, voice mail, answering service, etc.) by our underlying carriers and only for the minutes after your account is authenticated with TEL3 (either after your ANI is recognized, or your pin is accepted). TEL3 will do its best effort to keep the rates the low, and when there is a change in market conditions, TEL3 has the right to change (lower or increase) the rates anytime.

Important Notes on Pricing, Fees and Account Balances:

Bonus Free Minutes:

Our Bonus Free Minutes offer is only valid with a calling plan purchase. Once you create your account, additional bonus credit will be added to your balance. The amount of the bonus credit depends on your sign up amount and you will be able to use these bonus free minutes to make calls to any destination TEL3 provides. Bonus free minutes, bonus credits or bonus dollars are not refundable.

Customer Satisfaction Guarantee:

We at TEL3 are committed to customer satisfaction, and if at any time you would like to cancel your service with TEL3, you may do so at any time without any obligations, simply by calling our Customer Service at 1-800-482-4459, between 9am-9pm EST, 7 days a week. There will be no cancellation fees, period!

Furthermore, during the first 30 days after you sign up, if you are not happy with our service for any reason, we will gladly refund the balance of your money up to the actual charge amount. We believe signing up with a prepaid service shouldn’t be a risk but an opportunity to save and make your life better!

Flexible Recharge Options:

You control all your savings with TEL3. There are many ways to recharge your account to add more minutes.

You can choose your recharge option as manual recharge or auto recharge when you sign up. You can also change your recharge preference anytime after signup. You can recharge whenever you want, either online or by calling our customer service.

Remember, our unique on the fly auto-recharge feature enables you to continue your call even if your balance is low as the system automatically recharges your account without interrupting your call. If you choose auto recharge option, you can also recharge during your call by pressing 1*.

Important Note for Cell Phone Users:

Using the TEL3 service from your cell phone may accumulate charges to your wireless bill by pressing the pound (#) key. For some wireless service providers, the pound key activates another line in which your wireless service connects the call for you instead of TEL3. In such cases, TEL3 is not responsible for any charges that may accrue onto your cell phone bill.

E-mail Policy:

Your E-mail is safe with TEL3. We’ll never sell or rent any personal information including email, to third parties.Once you establish an active account with us, you will start receiving E-mails from TEL3 only regarding your account, new feature updates or our special promotions.

OTHER TERMS AND CONDITIONS

By continuing to access or use this site, or any service on this site, you signify your acceptance of these terms and conditions of service. From time to time, TEL3 may modify these terms and conditions. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute your acceptance of the terms and conditions of service, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by TEL3 and shall be of no force or effect.

1. User Consent to Terms and Conditions of Service. You represent that you have read and agree to be bound by the terms and conditions of service ("TOS") for TEL3. You further agree: (a) to comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOS, (b) not to use the Service for illegal purposes, and (c) not to interfere or disrupt networks connected to the Service. You further agree to: (a) provide true, accurate, current and complete information about yourself as prompted by registration forms; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, TEL3 retains the right to terminate your account and refuse any and all current or future use of the services.

2. Intellectual Property. This Web site, including but not limited to text, content, photographs, video, audio and graphics (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.

3. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the TOS. The content you distribute or request to receive (directly or indirectly) through membership access, any products and services you may choose to offer (if permitted to do so), and any username you select: (a) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law or regulation (including without limitation those governing export control, unfair competition, anti-discrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain child pornography; or (e) shall not contain any computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not distribute unsolicited commercial messages ("spam") through your use of services provided by TEL3 or take any other action, which imposes an unreasonable or disproportionately large load on our infrastructure, including without limitation, using excessive network bandwidth. In addition, you may not distribute spam that directs or encourages users to visit our Website through the account of another provider. At our option and without further notice, TEL3 may use anti-spam technologies that may terminate your messages without delivering them or prevent messages from reaching you. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of TEL3. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by TEL3 and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of TEL3 and such others. You agree to protect the proprietary rights of TEL3 and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by TEL3 or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others’ contractual, statutory and common law rights in the Service. You agree to notify TEL3 in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.

4. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT TEL3’S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE’S CONTENT WOULD BE A VIOLATION OF TEL3’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO SATELLITE, OVER-THE-AIR OR CABLE TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK, OR LINKING, DEEP LINKING OR FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF TEL3. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND, NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF TEL3’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH TEL3’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF TEL3’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE.

5. Interactive Features.

(A) You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials contained in the Service (collectively, the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TEL3, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. TEL3 does not control the Content posted via the Service by third-parties and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TEL3 be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You agree to not use the Service to: (i) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a TEL3 official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (v) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; (viii) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; or (x) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

(B) By posting messages, uploading files, or otherwise providing any material to us for display on the Service, you are granting TEL3 a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

(C) TEL3 shall have the right, but not the obligation, to monitor the content of TEL3 , including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by TEL3 and to satisfy any law, regulation or authorized government request. TEL3 shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on TEL3. Without limiting the foregoing, TEL3 shall have the right to remove any material that TEL3, in its sole discretion, finds to be in violation of the provisions of the TOS or otherwise objectionable.

6. License. You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by TEL3 ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.

7. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and TEL3, at all times be and remain the sole and exclusive property of TEL3 . All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to TEL3 for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use TEL3’s Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without TEL3’s prior written approval.

8. Disclaimer and Limitation of Liability.

(A) You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, Content, services, goods or advertisements (the "Items") are provided "AS IS" and that TEL3 makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. TEL3 does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that TEL3 , its Suppliers and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of TEL3 , its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against TEL3 by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by TEL3. TEL3 is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. TEL3 does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. TEL3 is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that TEL3 and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.

(B) You acknowledge that (i) the Service is provided for information purposes only; (ii) TEL3 does not guarantee the sequence, accuracy, completeness or timeliness of the Service and (iii) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which TEL3 is a party. Accordingly, anything to the contrary herein set forth notwithstanding, TEL3, its officers and employees, parent, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i)inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (ii)delays, errors or interruptions in the transmission or delivery of the Service; or (iii)loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.

(C) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TEL3 , ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A TEL3 AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall TEL3’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.

(D) THE PRODUCTS OBTAINED THROUGH THE USE OF OR IN CONNECTION WITH THIS WEBSITE MAY OR MAY NOT CARRY WARRANTIES FROM THE MANUFACTURERS OF THOSE PRODUCTS. IF SUCH MANUFACTURER WARRANTIES EXIST, THEY ARE THE ONLY WARRANTIES APPLICABLE TO SUCH PRODUCTS

(E) TEL3 DOES NOT WARRANT THAT THE WEBSITE CONTAINS COMPREHENSIVE INFORMATION ON ANY PRODUCT OR ANY CATEGORIES OF PRODUCTS WHATSOEVER.

(F) THE RISK OF LOSS FOR LOST OR STOLEN ACCOUNT INFORMATION, MISUSED ACCOUNTS, UNAUTHORIZED OR FRAUDULENT USE OF ACCOUNTS, OR FOR ACCOUNTS THAT HAVE UNUSED OR EXPIRED MINUTES SHALL PASS TO CUSTOMER IMMEDIATELY UPON SIGN UP AND CUSTOMER SHALL ASSUME ALL RISK OF LOSS. TEL3 SHALL NOT BE OBLIGATED TO PROVIDE CREDITS OR REFUNDS (IN ANY FORM OR AMOUNT) FOR LOST OR STOLEN ACCOUNT INFORMATION, MISUSED ACCOUNTS, UNAUTHORIZED OR FRAUDULENT USE OF ACCOUNTS, OR FOR ACCOUNTS THAT HAVE UNUSED OR EXPIRED MINUTES.

(G) THE OBLIGATIONS OF TEL3 UNDER THIS AGREEMENT ARE SUBJECT TO, AND TEL3 SHALL NOT BE LIABLE FOR, DELAYS, FAILURES TO PERFORM, DAMAGES, LOSSES OR DESTRUCTION, OR MALFUNCTION OF ANY EQUIPMENT OR ANY CONSEQUENCE THEREOF CAUSED OR OCCASIONED BY, OR DUE TO FIRE, FLOOD, WATER, THE ELEMENTS, LABOR DISPUTES OR SHORTAGES, UTILITY CURTAILMENTS, POWER FAILURES, EXPLOSIONS, CIVIL DISTURBANCES, GOVERNMENTAL ACTIONS, SHORTAGES OF EQUIPMENT FOR SUPPLIES, UNAVAILABILITY OF TRANSPORTATION, ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATIONS, ACTS OR OMISSIONS OF THIRD PARTY SERVICE PROVIDERS, OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF TEL3 .

(H) You may order, purchase, or otherwise obtain services or merchandise through this Website from entities not affiliated with TEL3 ("Sellers"). All matters concerning the merchandise and services obtained or desired from any Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. TEL3 makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider TEL3 nor will TEL3 be construed as a party to such transactions, whether or not TEL3 may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

9. Representations and Warranties. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TOS.

10. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless TEL3 and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against TEL3 , its employees, representatives, Suppliers and agents, by a third party, arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

11. Termination. Either you or TEL3 may terminate the TOS with or without cause at any time and such termination shall be effective immediately. You may terminate the TOS by discontinuing use of the Service and destroying all materials obtained from the Service. These TOS will terminate immediately without notice from TEL3 if you, in TEL3’s sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by TEL3 , you must destroy promptly all materials obtained from the Service and any copies thereof.

12. Miscellaneous.

(A) You accept that TEL3 has the right to change the content or technical specifications of any aspect of the Service at any time at TEL3’s sole discretion. You further accept that such changes may result in your being unable to access the Service.

(B) You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of TEL3. You further agree not to use an inappropriate member name of any kind.

13. Assignment. TEL3 may freely assign this Agreement and upon such assignment TEL3 will be relieved of any further obligation there under. You may not assign its rights under this Agreement, in whole or in part, to any third party.

14. Headings. The section titles in the TOS are used solely for the convenience of you and TEL3 and have no legal or contractual significance.

15. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOS will remain in force.

16. Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. All waivers must be in writing.

17. Applicable Law: Venue, Legal Actions and Attorneys’ Fees. This Agreement will be governed by and construed in accordance with the Laws of the State of Florida , without regard to conflicts of law principles. Any and all litigation concerning this Agreement shall be brought only in the state courts of Miami-Dade County , Florida . BOTH PARTIES FOREVER RELINQUISH THEIR RESPECTIVE RIGHTS/ENTITLEMENT TO TRIAL BY JURY IN ANY AND ALL LITIGATION PERTAINING TO THIS AGREEMENT. Each of the parties hereto shall now and forever bear its own costs and attorneys’ fees both in connection with the execution of this Agreement and any and all enforcement thereof in a court of law.

18. Entire Agreement. The TOS and any other terms and conditions of service on TEL3, and its successor, constitute the entire agreement between you and TEL3 and govern your use of the Service.

INTELLECTUAL PROPERTY ISSUES

1. General Inquiries: Please send general inquiries regarding intellectual property issues to General Counsel.

2. Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act): TEL3 respects the rights of all copyright holders and in this regard, TEL3 has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TEL3’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For further inquiry:
Tellza, Inc. (d.b.a. TEL3)

1250 East Hallandale Beach Blvd, Suite 408
Hallandale Beach, FL 33009

Customer Service
Email: support@tel3.com
Phone: 1-800-482-4459