Terms and Conditions
By subscribing to and/or using icellular prepaid international calling services, you agree to the following terms and conditions:
1. GENERAL. Carrier Services provided by Icellular.com. Rates and charges for services provided are available at www.icellular.com. Read the FAQ's for other important information on the services. Rates, fees, taxes, and surcharges are subject to change without notice except where prohibited by law. Consult customer service or applicable tariff for current rates, fees, taxes or surcharges. No connection fees. Government/carrier imposed taxes, fees and surcharges apply to each call except where prohibited by law. International cellular calls billed at higher rates. Not responsible for lost, stolen or misused cards/accounts. Except where prohibited by law, no refunds and no returns. Expires 180 days after last use.
2. Icellular.com has no control over the content of the information transmitted through its accounts. Icellular.com does not (i) represent or endorse the accuracy or reliability of any opinion, advice or statement made through a icellular prepaid international calling account, (ii) assume any liability for any harassing, offensive or obscene material distributed or received through a icellular prepaid international calling account, or (iii) assume any liability for any material distributed through a icellular prepaid international calling account which is distributed in violation of any third party's copyright or other intellectual property right.
3. Customer shall not use any Icellular.com services for any unlawful purpose and shall use the Icellular.com services in accordance with the instructions set forth in the website. Customer is expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. Customer may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of such right by holder.
4. Customer agrees to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data.
5. LIMITATION OF LIABILITY. As a material inducement for Icellular.com to provide the services hereunder, Customer agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ICELLULAR.COM OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
6. ICELLULAR.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES TO CUSTOMER AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVICES PROVIDED. ICELLULAR.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
7. EFFECTS OF TARIFFS. Any and all tariffs and related provisions are made a part of this Agreement and shall control any inconsistency between the tariff and the terms and conditions of this Agreement.
8. INDEMNIFICATION. Customer shall defend, indemnify and hold harmless Icellular.com, its officers, directors, employees and agents from any breach of this Agreement, use of Customer's account or in connection with the placement or transmission of any message, information, software or other content using the Services. Icellular.com shall give written notice of any such claim, action or demand within a reasonable time. Icellular.com shall be defended by attorneys of their choice at Customer's expense.
9. The headings of the sections of this Agreement are inserted solely for convenience and are not intended to be part of, or affect the interpretation or meaning of this Agreement.
10. LAW & ARBITRATION. This Agreement shall be governed by and construed in accordance with North Carolina State law.
11. SEVERABILITY. If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.
12. NO WAIVER. The failure of either party at any time, or from time to time, to require performance of any obligation under this Agreement shall in no manner affect the right of either party to enforce any provision of this Agreement at a subsequent time and shall not be construed as a waiver of any subsequent breach of that same provision.
13. The purchase of this account and the use of the Services assume that Customer has read and agrees to the terms in this Agreement. Icellular.com reserves the right to suspend or terminate the Services if Icellular.com, in its sole discretion, believes the Customer is using the Services to engage in conduct which interferes with other Icellular.com Customers' use of the services, is harmful to Icellular.com, or third parties, or is otherwise in violation of this Agreement.