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CENTSIBLE CALLING (CC) TERMS OF USE

THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.

1. Parties. The parties to this Agreement are you, a visitor to this web site ("You"), and this web site (CO) owned and operated by Centsible Calling Inc. a New York corporation ("ABC"). All references to CC, "us", "this web site" or "this site" shall be construed to mean ABC. If the user is not an individual, then "You" means Your Company, its officers, members, agents, successors and assigns.

2. Agreement To Terms of Use And Amendment. In consideration of use of our services, you 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. CC grants a non-exclusive, non-transferable, and revocable license to You and provides the services available at this site to You subject to the following terms and conditions. WE MAY AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT THIS SITE. IN ADDITION, WHEN USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH CC ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO THIS AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF THE TERMS OF USE AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE.

3. Membership Eligibility and Account Responsibilities. Our Services are only available to individuals who can form legally binding contracts under applicable law. To be an eligible member of CC you as the user must provide to CC with your legal first and last name, billing address, city, state, country, postal code, and e-mail address. Should you knowingly falsely any of the required information, your account shall be terminated immediately with or without prior notice. You should make every reasonable effort to safe guard your user name and password from unauthorized use. CC is not responsible for any unauthorized use of your account. We have the right to terminate your account at any time if we have any reason to believe that you have misused your account.

4. Prohibited Conduct. You agree (i) not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) not to interfere or disrupt this site or any networks connected to this site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on CC infrastructure; (v) not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site.

5. Indemnification. You are solely responsible for your content, and we merely act as a passive conduit for your online distribution and publication of your information. However, we may unilaterally take any action with respect to your content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You agree to release, indemnify, defend and hold harmless ABC, CO, its subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of your use of or conduct on this Web Site or the service. CC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

6. Copyright. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of CC or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of CC and protected by U.S. and international copyright laws. All software used on this site is the property of CC or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

7. Representations and Warranties. THE PRODUCTS OBTAINED THROUGH THE USE OF OR IN CONNECTION WITH THIS SITE 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. CC DOES NOT WARRANT THAT THE SITE CONTAINS COMPREHENSIVE INFORMATION ON ANY PRODUCT OR ANY CATEGORIES OF PRODUCTS WHATSOEVER. THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, CC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.

8. Expiration. All prepaid accounts shall have an expiration date linked to the date of purchase, at which point it shall expire automatically. The expiration date is communicated to you along with your PIN Number and Access Number immediately following purchase. Any unused minutes or value shall be forfeited upon expiration.

9. Limited Liability. CC AND ALL It''s AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO CO, IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT AT ISSUE.

10. Applicable Law. This site is created and controlled by ABC in the State of New York, USA. As such, the laws of the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.

11. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced and remain in full force and effect.

12. Strict Performance. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement or to exercise any right under the Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.

13. Telecommunications Services. ALL TELECOMMUNICATIONS SERVICES ARE PROVIDED BY THE UNDERLYING CARRIERS OF THOSE TELECOMMUNICATIONS SERVICES. WE ARE RESELLERS OF THE SERVICE WE PROVIDE ON THIS WEB SITE. THEREFORE WE ARE NOT RESPONSIBLE OR HAVE ANY CONTROL OVER THE BILLING AND/OR RATES OF THE SERVICE. Centsible Calling SHALL NOT BE OBLIGATED TO PROVIDE CREDITS OR REFUNDS (IN ANY FORM OR AMOUNT) FOR MINUTES LOST DUE TO RATE CHSNGES.


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