Terms of Service

1. Application of Agreement. When you subscribe to, activate, or attempt to use our Services (including, without limitation, attempting to place a call using AmericanFone’s toll-free access numbers, calling card service, and/or 1+ or dial-around service or our conference calling service(s), you agree to abide by the Terms of Service of this Agreement. Our services include those provided to you by our affiliated companies, FreedomStarr Communications, Inc., Planet Earth Communications, AmericanFone, USPhone, or iPhoneBill.com. Additional Terms of Service incorporated here include tariffs on file with state regulatory agencies and our marketing materials, which more specifically describe terms of service, rates and features of our Service. (The words “we,” “us,” “our,” or “AmericanFone” refer to AmericanFone, LLC and its affiliates doing business as FreedomStarr Communications, Inc., Planet Earth Communications, AmericanFone, USPhone, or iPhoneBill.com.)
   

2. You agree to provide AmericanFone with accurate and complete billing information, including but not limited to your legal name and surname, home address, and telephone number. Any changes to this information must be provided to AmericanFone within 30 days of the change. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the Agreement in accordance with the terms of this Agreement or in accordance with any written Agreement for service between you and AmericanFone. By accepting the terms of this agreement, you represent that you are of legal age to sign a binding contract for the Service. This Service is not intended for minors; minors who use the Service are required to have parental or guardian consent to do so.
   

3. Current price plans for AmericanFone’s services are available at the Internet site located at www.AmericanFone.com as well as in the applicable tariffs filed with each state public utility commission. Please note that the price plans on this website are subject to change without notice.
   

4. You hereby authorize AmericanFone to charge your account for the price plan you select during the sign-up process pursuant to the specified billing schedule for the purchased service. If your account becomes delinquent, AmericanFone reserves the right to suspend or cancel your account at its sole discretion. AmericanFone reserves the right to require payment by money order, cashier’s check or other secured form of payment. You agree to pay AmericanFone’s cost and expenses of collecting any payment from you beyond invoicing you for charges for the Service, including attorney’s fees and expenses, the fees of any collection agency and court costs.
   

5. A service charge, up to the maximum allowed by the state in which you reside, may be assessed to your account if your check, bank draft, or credit card is dishonored by your financial institution for insufficient funds.
   

6. Subject to applicable state tariff provisions, interest charges (1.5% per month, or the highest rate permitted by law if lower than 1.5% per month) will accrue daily on any unpaid balance that is past due. Acceptance of late or partial payments (even if marked “paid in full”) does not waive AmericanFone’s right to collect all amounts owed to it.
   

7. You agree to pay all sales and use taxes, duties or levies which are required by law.
   

8. You are responsible for ensuring that all authorized users of your account comply with this Agreement. Also, you are responsible for maintaining the confidentiality of any passwords or access codes required for use of the Service by you or your authorized users.
   

9. You agree that AmericanFone has the right to monitor all accounts for unauthorized or fraudulent use of the Service in a manner in its discretion is appropriate and may terminate your account immediately if AmericanFone determines, in its sole discretion that you have engaged in unauthorized or fraudulent use of the Service, including but not limited to non-residential use of a residential account. For the purposes of this Agreement, non-residential use shall be solely determined by AmericanFone.
   

10. AmericanFone may disclose information regarding your use of the Service to satisfy lawful governmental requests and to otherwise cooperate in good faith with governmental requests; operate, maintain or improve the Service; or protect AmericanFone, its subsidiaries, clients and customers against criminal and civil liability. Unless required by law or otherwise as provided herein, AmericanFone will not disclose customer information to outside persons or entities, unless the information can be disclosed in an aggregate, non-individually-identifying format.
    

11. Unless specifically authorized by AmericanFone, you are strictly prohibited from the sale or resale of these Services or the use of the Services in conjunction with a call center, or for call back, call sell, or debit card operations.
    

12. Termination of this Agreement does not release you from the obligation to pay any and all accrued charges under this Agreement.
    

13. Changes to Rates and Terms of Service. AmericanFone reserves the right to change its rate schedules or Terms of Service at any time by posting the changes online. You may obtain a copy of AmericanFone’s Terms of Service by writing AmericanFone’s Customer Care Department at 8383 Wilshire Blvd, Suite 333, Beverly Hills, CA 90211 or by calling us toll-free at 1-800-352-4340. Your continued use of the Services constitutes your Agreement to the rates and Terms of Service that are in effect at the time you use the Services. If you do not accept AmericanFone’s rates or Terms of Service, you may cancel Services at any time.
    

14. Provision of Service. AmericanFone will only switch your current long-distance carrier if you subscribe to our 1+ Long Distance service. If you are a customer of our dial-around, Monthly Calling Services, conference calling services, we will not switch your carrier. You access and utilize AmericanFone’s Monthly Calling Services only by first dialing your assigned 800 number. AmericanFone’s conference calling services (including ConferenceFone products) are accessed by dialing the assigned conference bridge number. Except as required by the technical specifications of a particular service, services are available for use from any touchtone phone in the continental United States including payphones and cellular telephones. Please note that calls made from cell phones using AmericanFone’s long distance service do NOT include any applicable roaming and airtime charges; those charges are billed separately by your cellular provider.
    

15. AmericanFone reserves the sole right to determine the methods of access and the optimum routing for communications across AmericanFone facilities or across other networks. AmericanFone reserves the sole right to determine what usage shall be considered residential. Except as expressly authorized by AmericanFone and subject to applicable state and federal regulations, if you utilize the Service for any other purpose, your access to Service may be immediately terminated, at AmericanFone’s sole discretion.
    

16. SERVICE IS PROVIDED VIA THE PUBLIC SWITCHED TELEPHONE NETWORK (“PSTN”) AND IS NOT GUARANTEED AS SECURE OR FIT FOR ANY PARTICULAR PURPOSE. ADDITIONALLY, SERVICE MAY BE INTERRUPTED FROM TIME TO TIME FOR NECESSARY MAINTENANCE OR UPGRADES AT AMERICANFONE’S DISCRETION. YOU EXPLICITLY ACKNOWLEDGE THE POSSIBILITY OF PROBLEMS INCLUDING BUT NOT LIMITED TO (i) DROPPED TELEPHONE AND/OR TELECONFERENCE CALLS; (ii) INABILITY TO COMPLETE CALLS; (iii) INABILITY TO ACCESS THE COMPANY’S SERVICE DURING TIMES OF PEAK USAGE; (iv) LOWER QUALITY OF SOUND; (v) INABILITY TO ACCESS THE SERVICE DUE TO MAINTENANCE OR IMPROVEMENTS IN OPERATIONS; (vi) OTHER PROBLEMS THAT MAY ARISE FROM TIME TO TIME. YOU FURTHER AGREE THAT THE SERVICE IS DELIVERED “AS-IS” AND “AS-AVAILABLE,” AND THAT YOU ARE NOT ENTITLED TO ANY REFUND OR SERVICE CREDIT BECAUSE OF THE PROBLEMS MENTIONED ABOVE. NO EMPLOYEE OR AGENT OF COMPANY OR ITS SUBSIDIARIES HAS ANY AUTHORIZATION TO PROVIDE SUCH A REFUND OR CREDIT, NOR TO PROVIDE ANY GUARANTEES OF WARRANTIES BEYOND THOSE CONTAINED HEREIN. COMPANY SHALL NOT BE LIABLE FOR ANY COSTS, DAMAGES, LOST WAGES OR LOST PROFITS ARISING DIRECTLY OR INDIRECTLY, OR OTHER INCIDENTAL, DIRECT, CONSEQUENTIAL OR OTHER DAMAGES, FROM USE OR INABILITY TO USE THE SERVICE. YOU ASSUME AND ACKNOWLEDGE FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE.
    

    NO WARRANTY:
    

    THE SERVICE IS BEING OFFERED ON AN “AS-IS” AND “AS-AVAILABLE,” BASIS. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH WILL SURVIVE TERMINATION OF THIS AGREEMENT.
    

    SHOULD THE SERVICE PROVE DEFECTIVE, INSUFFICIENT OR INAPPROPRIATE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION NECESSARY TO DISCONTINUE THE USE OF THE SERVICE.
    

    NO CONSEQUENTIAL OR OTHER DAMAGES. UNDER NO CIRCUMSTANCES IS THE COMPANY LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES USED IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
    

17. Limitation of Liability. AmericanFone is not liable for acts or omissions of another service provider, for information, third party services, or goods provided or obtained through equipment, equipment failure or modification, or causes beyond our control unless caused by our gross negligence. Except as otherwise provided herein, AmericanFone is not liable for service outages or for service limitations or interruptions. AmericanFone’s liability arising out of or related to this agreement will not exceed the amount you are charged for services during the affected period. AmericanFone is not liable for any incidental, punitive or consequential damages, including but not limited to lost profits and lost savings, arising out of, resulting from, or in any way related to the services furnished by AmericanFone, even if we have been advised of the possibility of such damages. AmericanFone is not an operator service provider and as such does not handle emergency calls, and is not liable in any way for any call to any emergency provider or the failure to connect to such provider or any action that occurs or fails to occur as a result. This paragraph will survive termination of this Agreement.
    

18. Indemnification. You agree to defend, indemnify, and hold us, our affiliates and agents and any other related service provider, harmless from third party claims or damages relating to this Agreement or our promises or statements made in it and use of the equipment or service unless due to our gross negligence. You also agree to pay our reasonable attorneys’ and expert witness’ fees and costs incurred in enforcing this agreement through appeal, except as otherwise provided in this Agreement. It is your responsibility to abide by all laws and regulations governing your use of our services and you will indemnify us from claims arising from any such use whether lawful or not. This paragraph will survive termination of this Agreement.
    

19. Jurisdiction/Venue. You agree that any legal action brought against AMERICANFONE, LLC, shall be governed by the laws of the State of California without regard to its conflict of the law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Site shall be an appropriate federal or state court located in Los Angeles County, California.
    

20. Arbitration & Class Action Law Suits. Any disputes that arise between you and AmericanFone (the “Parties”) shall be exclusively resolved by binding arbitration with an arbitrator chosen by us, such as the American Arbitration Association. The Federal Arbitration Act, not state law, governs the question of whether a claim is subject to arbitration.
    
    

    The Parties agree that their disputes will be resolved individually and shall not be joined with another lawsuit or arbitration or adjudicated on a consolidated or class basis. The arbitrator(s) may award declaratory relief, preliminary and permanent injunctive relief, and compensatory damages. The Parties further agree to waive, to the fullest extent permitted by law, any claim for incidental, consequential, or punitive damages. To the extent such damages may not be so waived, if an arbitrator decides to award such damages, they shall be limited to the total amount of service charges between the Parties. The arbitrator’s decision and award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction.
    

21. Notice. Before the initiation of any arbitration between the Parties, you must first contact our Customer Care Department toll-free at 1-800-352-4340 or in writing at 8383 Wilshire Blvd, Suite 333, Beverly Hills, CA 90211 and provide us with an opportunity to resolve the dispute. If the dispute cannot be resolved within 60 days of receipt of such notice, either Party may initiate arbitration.
    

22. In the event any provisions of this Agreement are found to be invalid or unenforceable, that part will be interpreted consistent with the applicable laws noted in this Agreement as nearly as possible to reflect the original intentions of the parties and the remaining provisions will remain valid and in full force and effect. You must still abide by any provisions of the Agreement that are not in violation of such law.
    

23. Subject to applicable state and federal law, any cause of action you may have with respect to the service must be commenced within one year after the claim or cause of action arises.
    

24. Neither this Agreement nor any of your rights or obligations arising hereunder shall be transferable by you to any third party without Company’s prior written consent.
    

25. Waiver. Failure of AmericanFone to enforce any provision of this Agreement, either by decision or omission, does not constitute waiver of such provision. AmericanFone will only waive its rights in writing.
    
    

    ADDITIONAL TERMS APPLICABLE TO SPECIFIC PRODUCTS
    

26. Terms of Service Specific to Monthly Calling Plans: Service Plan Minutes & Credit Card Billing. AT THE BEGINNING OF EACH 30-DAY PERIOD, YOU ARE PROVIDED A SPECIFIED NUMBER OF INTERSTATE MINUTES TO USE DURING THAT MONTH’S TIME IN ACCORDANCE WITH THE PLAN YOU HAVE SELECTED. YOUR AMERICANFONE ACCOUNT IS RENEWED AUTOMATICALLY EVERY 30 DAYS. AT THE BEGINNING OF EACH MONTH, CHARGES WILL BE BILLED TO THE CREDIT CARD THAT AMERICANFONE HAS ON FILE FOR YOU, ALONG WITH ANY APPLICABLE TAXES, ON A MONTHLY RECURRING BASIS. PLEASE CONTACT US IMMEDIATELY IF YOU DO NOT WISH YOUR CREDIT CARD TO BE BILLED OR FEEL YOU HAVE NOT CONSENTED TO THIS DESCRIBED CREDIT CARD BILLING. YOU MAY CANCEL AT ANY TIME.
    

    IF YOUR SERVICE INCLUDES A FREE TRIAL PERIOD, BILLING WILL AUTOMATICALLY COMMENCE AT THE CONCLUSION OF THE TRIAL PERIOD UNLESS CANCELED. TRIAL PERIOD LENGTHS MAY VARY. IF YOU DO NOT CALL TO CANCEL DURING THE TRIAL PERIOD, YOU WILL BE BILLED IN ADVANCE, BEGINNING AT THE CONCLUSION OF THE TRIAL PERIOD AND BILLING WILL CONTINUE FOR AS LONG AS YOU CHOOSE TO USE THE SERVICE.
    

    Calling time minutes not used by the end of any 30-day period are lost and are not carried over into the next 30-day period. Try to use all of your minutes.
    

27. Long Distance and International Service Calling Plans. AmericanFone’s Long Distance rates apply for all Long Distance calls made 24 hours a day, seven days a week, from any touchtone telephone in the continental United States, including pay phones and cell phones. AmericanFone’s state-to-state rates are provided on this website. (See AMERICANFONE, LLC, WEBSITE TERMS AND CONDITIONS, PRIVACY AND SECURITY POLICY [provide hyperlink] for applicable limitations on website information.) AmericanFone’s intrastate long distance rates may be found within the applicable state tariffs. Please note that calls made from cell phones using AmericanFone’s long distance service do NOT include any applicable roaming and airtime charges; those charges are billed separately by your cellular service provider.
    

    Long Distance service under any AmericanFone plan is intended for the exclusive use of the initial purchaser, and may not be transferred or assigned to another. AmericanFone’s services/calling plans may not be resold to a third party without the express, prior, written consent of AmericanFone. AmericanFone’s calling plans and Long Distance services are designed and intended for residential customers and residential use only and are not designed nor intended for use by and may not be used by commercial customers or for commercial purposes. IN THE EVENT OF ANY UNAUTHORIZED TRANSFER OR USE OF AMERICANFONE SERVICES OR CALLING PLANS BY THE INITIAL PURCHASER, AMERICANFONE RESERVES THE RIGHT TO IMMEDIATELY CLOSE THE PURCHASER’S ACCOUNT AND/OR OTHERWISE DISCONTINUE SERVICES AT ITS SOLE DISCRETION.
    
    

    International calling is not available with all AmericanFone Long Distance plans, so the cost of any international calls you make will vary depending upon the country you are calling and its applicable international rates.
    

28. Terms of Service Specific to Conference Calling Services. Customers of AmericanFone’s toll-free conference calling services (including but not limited to ConferenceFone services) will be assigned a toll-free number by which to access the conference bridge. Customers for this service are responsible for protecting the security of their assigned number and PINs and will be liable for all usage charges incurred by parties dialing in to this number whether the participant is authorized to dial in or successfully reaches another party via the bridge. AmericanFone’s responsibility will be limited to transmission of the calls to reach the bridge provided by Unlimited Conferencing, provision of first level technical support and billing for the end-to-end conference service. Customers for toll conference calling will be assigned a local New York City telephone number by which to access the conference bridge. Customers will be responsible for the costs of the bridge as well as the charges arising from their own dial-in call. Calls to the bridge number will be billed by each party’s selected local or long distance carrier and each party dialing in to this number will be responsible for the usage charges associated with their call. AmericanFone’s responsibility for this service will be limited to its role as agent for Unlimited Conferencing’s conference bridge service, provision of first level technical support and billing for the conference bridge service. With respect to any of its conference services, AmericanFone will have no liability whatsoever for the content, intended or actual, of conference calls held using the AmericanFone services. Beyond such credits as are expressly made available within the specific terms and conditions of the conference calling service plan, AmericanFone shall have no liability to any party for any costs incurred by customers or participants in connection with the scheduling, planning or implementation of these conference calls, including costs arising due to the inability of parties to connect or complete the conference call. Conference calling services are available only to customers and their authorized users and may not be resold except by prior arrangement and with the express permission of AmericanFone.
    

IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS AND CONDITIONS OF SERVICE, OUR CALLING PLANS, CONFERENCE CALLING PLANS, FAX/VOICE SERVICES, TERMS OF SERVICE OR ANY ASPECT OF OUR SERVICE, OR IF YOU WISH TO CANCEL AT ANY TIME, PLEASE CALL US, TOLL-FREE, AT 800-352-4340