MyIDTPin.com CUSTOMER AGREEMENT




Introduction

This MyIDTPin Customer Agreement ("Agreement") sets forth the terms and conditions that apply to your purchases of calling cards and other products from www.MyIDTPin.com (the “MyIDTPin Website”) sponsored by MyIDTPin Alliance.

By registering to use the MyIDTPin Website or by purchasing or using our products, You (as hereinafter defined) agree to the terms and conditions in this Agreement, the Conditions of Use of the MyIDTPin Website, and any changes that may be made to the Agreement or to the Conditions of Use.  If you do not agree to the terms of this Agreement or have any questions about the Agreement, do not purchase or use our products without contacting MyIDTPin immediately at 1-800-410-3280.



Definitions

"You" and "Your" mean the purchaser and/or the user of the Products (as defined below).

"MyIDTPin," "We," "Our," and "Us" mean MyIDTPin Alliance and any MyIDTPin affiliates authorized to sell and/or distribute the Products.

"Product" or "Products" means any and all Products you purchase and/or use from the MyIDTPin Website now or in the future.

"MyIDTPin Website" is found at www.MyIDTPin.com and contains the specific prices and charges, Product descriptions and other terms and conditions not set forth here that apply to the Products. You can also request information about the specific prices and charges, Product descriptions and other terms and conditions not set forth here that apply to the Products by calling MyIDTPin toll free at 1-800-410-3280.

This Agreement incorporates by reference a Product’s prices, charges, restrictions and the terms and conditions for such Product listed on the MyIDTPin Website, as well as any disclosures, provisions, limitations or other information provided with, or printed on, the Products.

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Charges and Payment

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Suspending/Canceling a Product

You agree not use the Products for any unlawful, abusive, or fraudulent purpose, including, for example, using the Products in a way that (1) interferes with our ability to provide Products to you or other customers; or (2) violates applicable law; or (3) avoids your obligation to pay for the Products.  If MyIDTPin has reason to believe that you or someone else is abusing the Products or using them fraudulently or unlawfully, or if Your form of payment for the Products is cancelled, disabled, discontinued  or otherwise dishonored after Your purchase of any Product, We reserve the right to immediately suspend, restrict, deactivate or cancel the Products without advance notice.  In the event of suspension or cancellation of a Product due to any other afore-mentioned reasons,  You hereby agree to pay any and all outstanding charges for these Products and to reimburse Us for any reasonable cost We incur in securing said payment , including, but not limited to,  attorneys’ fees, court fees, and any other  collection-related cost.  MyIDTPin may impose restrictions on the form of payment You may use, or may refuse to sell You Products, if any of Your previous payments for Products has failed to result in MyIDTPin’s receipt of the entire amount payable to Us in connection with such payment.

MyIDTPin may from time to time discontinue selling certain Products and may stop selling Products, or if necessary, deactivate Products, immediately upon a determination by any governmental authority that the sale or servicing of such Products is contrary to any law, rule or regulation or upon Your violation of this Agreement or the Conditions of Use.

Restrictions on Use; Intellectual Property

All of MyIDTPin’s and the Products’ trademarks, service marks, symbols, logos, other identifying indicia and the intellectual property rights thereto (collectively “Marks”) are the property of MyIDTPin or its affiliates and You shall have no right in or to the Marks or any right to use the Marks .  You are not permitted to commercially re-sell the Products or to print, produce, sell or distribute any telecommunication products that use or are based upon the Products, the telecommunication services provided with the Products and/or the Marks.

Indemnification

You agree that MyIDTPin shall not be responsible for any third party claims against Us that arise from Your purchase or use of the Products.  Further, You agree to reimburse MyIDTPin for all costs and expenses related to the defense of any such claims, including attorneys’ fees, unless such claims are based upon Our willful misconduct or gross negligence.  This provision will continue to remain in force after the Agreement expires or is otherwise terminated.

Limitations of Liability

This section describes Our responsibility for any claims for damages You may assert arising out of  the failure of the Products or any other claims You may assert in connection with the Products or with this Agreement.  If a Product You purchased is defective, You are entitled to an exchange, a full or partial refund or a credit allowance, as determined by MyIDTPin in its sole discretion.  Except as otherwise provided in the preceding sentence, We and Our affiliates, agents, partners, directors, officers, members and employees are not liable to You or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Products, the MyIDTPin Website and/or the telecommunication services underlying the Products, including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or We were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory.  We will not be liable for any damages if the telecommunication services underlying the Products are interrupted, or if there is a problem with the interconnection of our Products with the products or equipment of some other party. This section will survive the expiration or termination of the  Agreement .  Because some jurisdictions do not permit the exclusions or limitation of incidental or consequential damages, MyIDTPin’s liability in such jurisdictions shall be limited to the extent permitted by law.

Warranties

You acknowledge that (a) the Products are provided by Us “AS IS”, and (b) MyIDTPin makes no warranty to You or to any third party whatsoever, directly or indirectly, express, implied or statutory, as to the suitability, durability, description, quality, title, non-infringement, merchantability, completeness or fitness for use or purpose of the Products.  All such warranties are hereby expressly excluded and disclaimed.  We also make no warranty that the Products will be uninterrupted or error free.  We do not authorize anyone, including, but not limited to, MyIDTPin employees, to make any warranties on Our behalf and You should not rely on any such statement.  Your use of the Products is solely at Your risk.  Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to You.

Credit Allowances for Interruptions

If an interruption or failure of Products is caused solely by MyIDTPin and not by You or by a third party or by other causes beyond Our reasonable control, You may be entitled to a credit allowance as specified in this Agreement.



Miscellaneous


Last revised October 17, 2006

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