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Terms of Service
Himel makes available for your use on its websites ("Website" or "Site") information, documents, software and products (collectively "Materials") and various services offered by Himel (each a "Service" and collectively "Services") subject to the terms and conditions set forth in this document ("Terms of Service"). By accessing or using this Site, which includes your access to or use of any Materials or Services, you agree to be bound by these Terms of Service. If you do not wish to be bound by these Terms of Service, you may not access or use the Site, Materials, or any of the Services. By using the Materials or Service, you are agreeing to be bound by these Terms of Service. Himel may modify the Materials, Services and Terms of Service at any time without notice and such modifications shall be deemed effective immediately upon making such changes. Additionally, when using particular Services or Materials, you shall be subject to all posted agreements, guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Service. All such guidelines or rules are hereby incorporated by reference into the Terms of Service. Himel may maintain many different language versions of the Website, and in the event there is any inconsistency between the English version of Himel's Terms of Service, End User License Agreement or Privacy Policy on the Website and any other language version, the English version shall be binding. SERVICE Term Service is offered on a prepaid basis for HimelPrepaid and HimelCallingcard accounts and any balance remaining on such accounts will expire 120 days from the date of purchase of your account or your last recharge of such account, whichever is later. Service is offered on a monthly basis for all HimelMonthly accounts for a term which begins on the date that Himel activates your Service and ends 30 days later. For HimelMonthly accounts, subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give Himel written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. HimelMonthly accounts purchase the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term. Due to our verification process, all funds may not be available for immediate use. Consumer If you have subscribed to one of Himel's consumer services (HimelMonthly, HimelPrepaid, or HimelCallingcard), the Service is provided to you as an individual user, for your personal, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, tele-marketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express written permission from Himel in advance. You agree that your use of the Service, or the use of the Service provided to you by any other person for any commercial or governmental purpose will obligate you to pay Himel's higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. Himel reserves the right to immediately terminate or modify the Service, if Himel determines, in its sole discretion, that your Service is being used for non-residential or commercial use. Business If you have subscribed to Himel's Small Business services, the Service and Materials are provided to you as a small business user. This means that you are not to resell or transfer the service or Materials to any other person for any purpose, without express written permission from Himel in advance. You agree that the Himel's Small Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. Himel reserves the right to immediately terminate or modify the Service, if Himel determines, in its sole discretion, that your Service is being used for any of the aforementioned activities. HimelCallingcard The HimelCallingcard service is only accessible from within the continental United States and is not available from Alaska, Hawaii, other US Territories or non-US locations. PAYMENT Himel charges you in advance for every Service. For HimelMonthly accounts and other recurring accounts ("Recurring Service") Himel only accepts payments by credit card. Your initial use of the Recurring Service authorizes Himel to charge the credit card account number on file with Himel, including any changed information given Himel if the card expires or is replaced, for Himel charges that accrue during the billing cycle. This authorization will remain valid until 30 days after Himel receives your written notice terminating Himel's authority to charge your credit card. Upon payment verification, you may be required to submit additional documentation establishing your identity and place of residence in order to have your Service activated. Himel may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Himel is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to Himel for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by Himel owing to your non-payment, such as (but not limited to) collection costs and attorney's fees. By using the Service, you authorize that any charges incurred from the use of the Service shall be debited from your Himel account. You hereby agree that you are responsible for payment of all applicable charges on your call detail report incurred as a result of the use of your Himel account for the Service, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. All funds in your Himel account may not be available for immediate use due to our verification process. Himel will not offer any refunds or reimbursements for the purchase price of accounts for the Services. Any fraudulent action by the user to avoid payment will be prosecuted to the fullest extent of the law. If Himel suspects fraudulent use of your Himel debit account, it may suspend or terminate your Himel debit account without notice. You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree to notify Himel immediately, in writing or by calling the Himel support line, if you become aware at any time that your Service is being stolen or fraudulently used. Himel recommends that you routinely review your online account history to ensure its accuracy. BILLING 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 Himel pay services, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Himel will not offer any refunds or reimbursements for the purchase price of a calling card account. 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 cent. All calls for which we receive answer supervision shall incur a minimum one-minute charge. Himel 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. 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. INTELLECTUAL PROPERTY Trademarks All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Himel (collectively"Marks") are and shall remain the exclusive property of Himel and nothing in these Terms of Service shall grant you the license to use such Marks. Copyright 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 Himel. 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. Use of Software The software that is made available to download from this Site is the copyrighted work of Himel and/or its suppliers and partners. Use of such software is governed by these Terms of Service and the terms set forth in the applicable End User License Agreement. You may not reverse engineer, decompile or otherwise attempt to discover the source code of the software available on the Website. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. EXPORT CONTROL LAWS The export and re-export of Himel 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 (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (c) any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. By downloading or using the 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. YOUR CONDUCT 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 Himel believes, in its sole discretion, that you have engaged in any of the foregoing conduct, Himel 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 Himel, and your personally identifiable information to the proper authorities for investigation or prosecution. WARRANTIES AND DISCLAIMERS HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL ENABLE YOU TO LEAVE Himel'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Himel AND Himel 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. Himel IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Himel OF THE SITE. Himel 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". Himel 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. Himel SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. Himel DOES NOT WARRANT THAT THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES Himel WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. Himel 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. Statements and descriptions concerning the Service, Software or Materials, if any, by Himel or Himel's agents or installers are informational and are not given as a warranty of any kind. NO WARRANTIES, OR LIMITED WARRANTIES, FOR DEVICES If you purchased a hardware device new from Himel and the device included a limited warranty at the time of purchase, you must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If your device did not include a limited warranty from Himel at the time of purchase, you agree that you accept the device "as is" and that you are not entitled to replacement or refund in the event of any defect. EMERGENCY 9-1-1 CALLS EMERGENCY 9-1-1 CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND NEITHER Himel 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. LIMITATION OF LIABILITY IN NO EVENT WILL Himel 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 Himel 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. INDEMNITY You agree to indemnify, defend and hold Himel, 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 Himel 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. TERMINATION You agree that Himel, 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. Himel 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 Himel may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that Himel shall not be liable to you or any third-party for any termination of your access to the Services or Materials. RETURNS If you need to return a new hardware device purchased directly from Himel, user must obtain a Goods Return Authorization Number (GRA) from Himel to set up a return or exchange by email or by calling the Himel support line. Returns will not be accepted without a Pre-Authorized GRA Number and must be sent back as follows: (i) with a copy of the proof of purchase and original packaging, (ii) the contents must be undamaged and in original condition, and (iii) all documentation and packaging materials must be returned. Full refunds are given for any hardware devices purchased directly from Himel if returned to Himel within 30 days of the original invoice date and original shipping charges are non refundable. If items are returned in a damaged condition there may be a restock fee or the return may be refused by Himel, in its sole discretion. All new hardware devices sold by Himel are sold with the manufacturer's limited warranty; you must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. The warranty period and service varies by manufacturer and such device. Any items purchased through a third party partner of Himel and not directly from Himel will be subject solely to the terms and conditions of such third party's return and warranty policies. MANDATORY ARBITRATION Any dispute or claim between User and Himel arising out of or relating to the Service or Materials provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and User will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. User acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial. GOVERNING LAW; JURISDICTION These Terms of Service shall be governed and construed in accordance with the laws of the State of California. You agree that in any legal action or proceeding between you and Himel for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction in the state and federal courts of California and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Services or Materials must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Himel's failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. Himel may assign its rights and duties under these Terms of Service to any party at any time without notice to you. PERSONAL INFORMATION AND PRIVACY To learn about how Himel protects your personal information, refer to our Privacy Policy by clicking here. Please note that any non-personal information or material sent to Himel will generally be deemed NOT confidential. CHANGES; NOTICE Himel may modify these Terms of Service, and the Privacy Policy at any time by posting such modification on the Website and such modification shall be deemed effective immediately upon posting of the modified Agreement. Your continued access or use of the Service shall be deemed your acceptance of the modifications. Notice will be considered received by you, and such changes will become binding on you, on the date posted to the Himel Web Site and no further notice by Himel is required. You agree to review these documents regularly as there may be modifications. Himel may also make changes to the Website, Materials, and/or Services at any time without notice
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