Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. All calls for which we receive answer supervision shall incur a minimum one-minute charge. IDT relies on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Where no answer supervision is received, we will commence billing forty (40) seconds following dial time unless the caller has terminated the call. You must notify us in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.
The PennyTalk calling card has a 99¢ monthly service fee that applies to all accounts and is charged on each monthly anniversary of activation. There is a 49¢ connection fee charged at the time each call is made and answer supervision is received. IDT may choose to waive the connection fee for calls made from the PennyTalk Mobile application. A 90¢ payphone operator recovery fee applies to each phone card call made from a payphone. Surcharges may apply for calls made from a cellular phone depending upon your cellular service plan.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of IDT (collectively "Marks") are and shall remain the exclusive property of IDT and nothing in this agreement shall grant you the license to use such Marks.
All Services and/or Materials found in the Website are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Services and/or Materials found on the Website is strictly prohibited, without the express, prior, written consent of IDT. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
You agree to use the Materials and Services for lawful purposes only. You are prohibited from posting on, or transmitting through, the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct. If IDT believes, in its sole discretion, that you have engaged in any of the foregoing conduct, IDT may, (i) remove such content from the Site; (ii) terminate or suspend your account or use of the Services and Materials; and/or (iii) forward the offensive materials, your communications with IDT, and your personally identifiable information to the proper authorities for investigation or prosecution.
HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL ENABLE YOU TO LEAVE IDT'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF IDT AND IDT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. IDT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY IDT OF THE SITE. IDT AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. ALL SERVICES AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS". IDT DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES OR MATERIALS, ANY TRANSACTION PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, OR AS TO THE QUALITY OF THE CALL. IDT SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IDT DOES NOT WARRANT THAT THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES IDT WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. IDT DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, MATERIALS AND THE INTERNET.
YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY 9-1-1 CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND THAT NEITHER IDT NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR SUCH CALLS OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE MATERIALS OR SERVICES. If you register for one of our pay services, you agree to be responsible for payment of all applicable charges incurred as a result of your use of the IDT pay services, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Due to our verification process, all funds may not be available for immediate use. IDT will not offer any refunds or reimbursements for the purchase price of a calling card debit account. Calls made from a payphone may incur a surcharge. IDT reserves the right to terminate any dormant account that has not been used of a period of ninety (90) days or longer. Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. IDT may also make improvements and/or changes to the Site, Materials or Services at any time without notice.
IN NO EVENT WILL IDT BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF IDT OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE.
You agree to indemnify, defend and hold IDT, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your improper use of any Services or Materials, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of IDT and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
You agree that IDT, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services or Materials, for any reason, or no reason at all. IDT may also in its sole discretion and at any time discontinue providing the Materials, Services, or any parts thereof, with or without notice. You agree that any termination of your access to the Services or Materials may be effected without prior notice, and acknowledge and agree that IDT may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that IDT shall not be liable to you or any third-party for any termination of your access to the Services or Materials.
You are responsible for maintaining the confidentiality of your account number and/or PIN. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
The export and re-export of IDT Materials are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Materials to any destination requiring such a license. In addition, the Materials may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, the Taliban-controlled regions of Afghanistan or to any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. Moreover, neither the Software nor Materials may be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals maintained by the U.S. government. By downloading the Software and/or Materials you are certifying that you are not a national of one of the above-listed countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
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