Terms of Service

June 25, 2007

By indicating your acceptance of these terms and conditions, you ("Subscriber") acknowledge and agree to be bound by the provisions of this agreement for the use of the PhoneMyPhone services ("services") provided by Arooni Labs, LLC. ("PhoneMyPhone"). If you are not willing to be bound by these terms and conditions do not click the box next to "I Agree to the Terms of Service" box. By clicking this box or by using or accessing the service, you agree to be bound by the following terms and conditions.

In response to the Children's Online Privacy Protection Act ("COPPA") we require that subscriber be at least 13 years old to use PhoneMyPhone's services.

GRANT OF RIGHTS TO USE SERVICES


PhoneMyPhone'S PROPRIETARY RIGHTS


SUBSCRIBER REGISTRATION


TERMINATION


WARRANTY DISCLAIMER


LIMITATION OF LIABILITY


IN NO EVENT SHALL PhoneMyPhone BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. PhoneMyPhone'S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE LICENSE FEE PAID BY SUBSCRIBER FOR THE SERVICES, IF ANY. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.


INDEMNIFICATION


Subscriber shall indemnify and hold harmless PhoneMyPhone, its directors, officers, employees and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent acts, omissions or willful misconduct by Subscriber, Subscriber's use of the Services and/or any breach of the terms and conditions of this Agreement by Subscriber.


INTERNATIONAL USE


PhoneMyPhone makes no representation that materials on its web site(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Subscriber agrees to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which Subscriber resides.


MODIFICATION TO SERVICES


MODIFICATION TO AGREEMENT


PhoneMyPhone reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service or its successor site.


RULES AND REGULATIONS

Subscriber agrees to abide by all applicable local, state, national, foreign and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's account or password, including the content of Subscriber's transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to:


COMMUNICATIONS WITH PhoneMyPhone


Subscriber may provide information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans and ideas to PhoneMyPhone. Such information shall be deemed non-confidential and PhoneMyPhone assumes no obligation to protect such information from disclosure. The submission of such information to PhoneMyPhone shall in no way prevent the purchase, manufacture, or use of similar products, services, plans and ideas by PhoneMyPhone for any purpose whatever. PhoneMyPhone shall be free to reproduce, use, disclose and distribute such information to others without restriction. Subscribers shall have no recourse against PhoneMyPhone for alleged infringement or misappropriation in connection with any information or materials submitted to PhoneMyPhone hereunder.


BILL PAYMENT


Subscriber may be required to pay monthly subscription charges, enhanced service charges, and/or usage charges in connection with the Services, as stated by PhoneMyPhone. There may be additional fees if Subscriber requests a change in any Services. Depending upon the level of Services selected by Subscriber, there may be charges for calls to or from certain locations, including without limitation payphones, calls placed, and areas within extended calling zones. There may also be applicable taxes, surcharges, assessments, government fees and charges for any special or enhanced services Subscriber uses. Any of the foregoing may be billed to Subscriber when they reach a limit as PhoneMyPhone determines at its sole discretion.

PhoneMyPhone will charge Subscriber the rates in effect under Subscriber's subscription plan, plus any enhanced service charges at the time of subscription, as such rates may be updated by PhoneMyPhone from time to time. Some charges (such as, but not limited to, surcharges) may accumulate in Subscriber's account before Subscriber is charged for such amounts, or such amounts may be charged to Subscriber as assessed. If Subscriber has enrolled in a then-current subscription plan and chooses to change the plan, and if there are one or more days remaining on Subscriber's current subscription, Subscriber will be credited for those days in the calculation of Subscriber's charges. Subscriber's billing cycle starts on the day the subscription purchase is successfully processed. If there is a change in subscription plan, there may be a resulting change in Subscriber's billing date.

Users may purchase prepaid credits to be used for PhoneMyPhone services as described on the Website. PhoneMyPhone will not offer any refunds or reimbursements for the purchase price of such prepayments. Unused balances shall expire six (6) months from the most recent date of use, and may not be transferred. Usage of minutes is billed in one minute increments. Minutes are deducted for outbound calls. Prepaid credits are billed at the time of purchase.

If Subscriber changes Subscriber's Services from a billed plan to a free plan, Subscriber will be billed through the end of the billing cycle in which such a change is made.

Subscriber agrees that all payments will be made to PhoneMyPhone via credit or debit card, issued by a US bank, including VISA?, MasterCard?, AmericanExpress?, or Discover?. PhoneMyPhone may change the credit cards accepted at any time, at its sole discretion. Subscriber's name and address as it appears on Subscriber's PhoneMyPhone account must also be on the credit account from which Payment is made. If Subscriber provides a credit card number that PhoneMyPhone accepts for payment of Subscriber's monthly bills, Subscriber is authorizing PhoneMyPhone to charge the amounts Subscriber owes, then or later, to that credit card account and to demand immediate payment from the card issuer. Subscriber also agrees to pay, under the terms of Subscriber's agreement with the card's issuer, the amounts charged to Subscriber's credit card. Every time Subscriber uses PhoneMyPhone Services, Subscriber re-affirms that PhoneMyPhone is authorized to charge Subscriber's card. Subscriber agrees to authorize PhoneMyPhone to charge purchases made online to the credit card account supplied to PhoneMyPhone when the subscription was initiated, or the card that PhoneMyPhone has on file when the purchase is made. Subscriber agrees to pay all costs and expenses, including without limitation attorney's fees, incurred by PhoneMyPhone to collect any monies due under terms of this Agreement.


GENERAL