Terms of Service
(a). Acceptance. By accessing
our Website and using and/or purchasing our Products and Services,
you agree to be bound by this Agreement. We reserve the right,
with or without notice, to amend or modify these Terms of Service,
and you agree to be bound by any amendment or modification. The
Notice are posted on our Website. Modifications or amendments to
effective at the time we post them on our Website.
(b). Term. Unless otherwise
extended or terminated as set forth elsewhere in this Agreement,
the term of this Agreement shall begin when you accept the Terms
of Service on our Website and shall end when you discontinue
possession of our Products and use of our Services and your
Account is paid in full.
(c). Use. Products and Services
provided under this Agreement may be used for any lawful purpose
for which the Products and Services are technically suited. You
agree not to utilize the Products and Services for any unlawful
purpose. You acknowledge that we may terminate access to our
Website or your Account without notice, in the event you are in
breach of this Agreement or any applicable laws. In the event you
are purchasing Products and Services, you represent that you are
of legal age to enter into this Agreement. You agree not resell,
directly or indirectly, any part of the Products and Services.
(d). Fraudulent or Unauthorized
Use. You agree to notify us immediately should you become
aware of fraudulent or unauthorized charges to your Account.
Truetel shall not be liable for any damages whatsoever resulting
from fraudulent or unauthorized activity on your Account, and all
charges shall be your responsibility.
(e). Service Limitations.
(i) Emergency Calls. By use
of our Products and Services, you acknowledge the limitations
set forth in the E911 NOTICE AND THOSE SET FORTH BELOW. While
some of our Services offer access to emergency E911 services,
others may not. We advise you to thoroughly review each of our
Services to see what options are available. By accepting these
Terms of Service, YOU have acknowledged THAT YOU HAVE RECEIVED
the information, understand it, and assume the risks associated
with E911 limitations. We may disclose to the FCC that you have
in fact acknowledged our E911 notice BY VIRTUE OF YOUR HAVING
ACCEPTED THIS AGREEMENT.
(a) The E911 Notice, which
is incorporated by reference herein and made a part of this
Agreement, explains some of the limitations of VoIP and our
Products and Services, but, to ensure your safety, we shall
restate the information in this Agreement.
(b) The FCC requires that
interconnected VoIP service providers supply E911 service
capabilities to their subscribers.
(c) At the present time, we
do not believe that we are required to comply with the FCC
E911 requirements set forth in the FCC's Order, as we do not
believe we presently offer an interconnected VoIP service as
defined by the FCC and 47 C.F.R. 9. However, in the near
future we plan to offer a package of Services that will
classify us as an interconnected VoIP service provider.
(d) In preparation for the
launch of Services that will classify us as an interconnected
VoIP service provider, we are specifically advising you of the
circumstances under which E911 service may not be available
through our Service or may in some way be limited compared to
traditional landline telephone service.
(e) In the U.S., when you
call 911 using a traditional landline telephone, your call is
routed to the nearest public safety answering point ("PSAP")
and your number is displayed on the dispatcher's console. The
PSAP cross checks your telephone number against its address
records to determine your exact location and direct the proper
emergency service to you. When you reach a PSAP equipped for
E911 services, your callback number and location are
automatically displayed to the dispatcher. Your local
telephone company is usually responsible for updating the
official records, as changes occur in the physical address
associated with your telephone number.
(f) Using VoIP E911 for emergency calls
is not foolproof.
customers who are issued a DID number and subscribe to a
monthly recurring charge plan will have E911 service, unless
they live in an area that does not have E911 available for
traditional landline phone service. In cases where E911 is
not available for traditional landline telephone users, we
will route your emergency call to the police department or
other emergency service provider for the jurisdiction.
Power Outages. Outages
in your electrical power will disrupt your VoIP Service, and
you will not be able to use the Service to place E911
Computer Problems. If
you have a problem with your computer, modem, or IP-enabled
hardware, you may not be able to place E911 emergency calls.
Outage or Slowdown of
High-Speed Internet Connection. Problems with your
high-speed Internet or broadband connection, including
network congestion, may limit your ability or completely
restrict your ability to place E911 emergency calls.
Suspension of your
Account. If your Account is suspended for any reason,
you will not be able to use our VoIP Service to place calls,
including E911 emergency calls.
Problems with Our Products and
Services. If we experience problems with our Products
and Services, such as hardware, software, connectivity or
maintenance issues, you may not be able to use our VoIP
Service for any calling, including E911 emergency calls.
Outside the United States.
If you are calling from a location outside the United
States, you will not be able to use our VoIP Service for
E911 to place E911 emergency calls.
E911 Provisioning Lag Time
Issues. Provisioning of your E911 service may take
additional time to complete, during which time E911 calling
may not be available.
Information. When you
dial 911, you will need to advise the emergency service
personnel of the nature of your emergency, give them your
telephone number, and describe your location. If your call
is disconnected for any reason, emergency service personnel
may not be able to call you back or find your location.
Failure to Register Your
Location Accurately. It is important that you keep
your location registration updated through the Account
portal (www.atruetel.com), keeping in mind the E911
provisioning lag time issues detailed above. If you register
for our VoIP Service using an incorrect physical address and
location of your Truetel CPE and/or Customer CPE, your
emergency calls may be routed to the incorrect emergency
service provider, and the emergency service personnel may
not be able to transfer your call or respond to your
Address. In order for
E911 to work properly, the E911 service address we have on
file for you MUST correspond to the physical location from
which you use your VoIP Service. You cannot specify a P.O.
Box. The emergency dispatcher will send emergency service
personnel only to your registered E911 service address.
(g) We do not make, nor do
we intend to make, specific representations or warranties
based on the statements above, as we cannot foresee every
possible combination of events.
(h) Feel free to contact us
if you have any questions or suggestions regarding E911. You
may contact us at
(ii) Our Services are offered
only in jurisdictions set forth on our Website.
(iii) Our Services are
offered subject to the availability of the necessary facilities
and equipment and subject to the provisions of this
(iv) We reserve the right to
suspend, limit or discontinue offering or provisioning of our
Services, when necessitated by conditions beyond our control,
when you are using Products and Service in violation of the
provisions of this Agreement, or when you are using the Products
and Service in violation of the law.
(v) By using our Services,
you acknowledge that the Products and Services may be limited in
certain circumstances and may not work 100% of the time. We will
not be liable for errors in transmission or for failure to
You may not be able to utilize our Services, if the Truetel CPE and/or Customer CPE
fails; if the power required to operate your computer or supply
the modem, if applicable, fails; if your computer experiences
hardware or software problems and/or viruses; if your Internet
service provider fails to provide adequate services for any
reason; if your hardware or software is improperly installed; or
if you are blocked or otherwise unable to access our network. In
addition, our Services may not be compatible with certain fax
machines, firewalls or home alarm systems.
(vii) The Services may not be
compatible with Customer CPE, and we are not required to
maintain or repair Customer CPE, or make the Services compatible
with your Customer CPE.
(viii) By using our Products
and Services, you acknowledge that communications and data
transmissions may appear to be "international", "interstate" or
"intrastate" and due to the nature of VoIP, may actually be
classified differently by federal, state or local
(ix) By using our Products
and Services, you acknowledge that there are certain regulations
and rules that may apply to the location from which you are
utilizing the Services, and that they may be materially
different from jurisdiction to jurisdiction. You agree to abide
by all local rules and regulations, including the exportation of
data from the U.S. or other applicable jurisdictions.
(x) We reserve the right to
perform maintenance on or upgrade our network, our
infrastructure, our Website, our Products and Services, or your
Account, without prior notice or liability, even if such actions
cause a partial or full disruption of the Services. We may, at
our sole discretion, add, change or delete features of our
Website, features or functionality of our Products and Services,
or features of your Account. We may change the eNumber issued to
your Account, as we deem fit and without notice or liability to
you. The eNumber issued to your Account when preceded by the
Internet Area Code shall at all times remain our
(f). Limitation of
Truetel's liability for
damages arising out of mistakes, interruptions, omissions,
delays, errors, or defects which occur in the course of
furnishing Products and Services or for any other reason, shall
in no event exceed an amount equivalent to the proportionate
charge to you for the period during which the faults occurred.
In the event that you experience a loss of service due to our
fault, we will provide you with a credit on a pro-rata basis for
the period of time that the Service was unavailable. In order to
receive a credit, you will need to provide us written notice
within ten (10) days of the service interruption. The credit
shall be applied to your next service invoice; provided,
however, that such credit shall not exceed $50.00.
Truetel shall not be
liable for claim or loss, expense or damage (including indirect,
special or consequential damage), for any interruption, delay,
error, omission, or defect in any Product and Service, facility
or transmission provided under this Agreement, if caused by any
person or entity other than Truetel, by any malfunction of any
product or service or facility provided by any other provider,
by an act of God, fire, war, threat of terrorism, civil
disturbance, or act of government, or by any other cause beyond
Truetel's direct control.
Truetel shall not be
liable for, and it, and its directors, officers and employees
shall be fully indemnified and held harmless by Customer against
any claim or loss, expense, or damage (including indirect,
special or consequential damage) for defamation, libel, slander,
invasion of privacy, infringement of copy‑right or patent,
unauthorized use of any trademark, trade name or service mark,
unfair competition, interference with or misappropriation or
violation of any contract, proprietary or creative right, or any
other injury to any person, property or entity arising out of
the material, data, information, or other content revealed to,
transmitted, or used by Truetel under this Agreement; or for any
act or omission by you; or for any personal injury, property
damage or death of any person caused directly or indirectly by
the installation, maintenance, location, condition, operation,
failure, presence, use or removal of Truetel CPE, Customer CPE;
or failure or inability to access emergency services.
(iv) in no event shall
be liable to you or any third party for any loss, expense or
damage for (i) loss of revenue, profits, savings, business or
goodwill, and (ii) exemplary, proximate, consequential, or
(i) OTHER THAN THE LIMITED
WARRANTY SET FORTH BELOW, WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR
IMPLIED, WITH RESPECT TO THE PRODUCTS OR SERVICES, CUSTOMER CPE
OR Truetel CPE THAT ARE THE SUBJECT OF THIS AGREEMENT. WITHOUT
LIMITING THE FOREGOING, NO REPRESENTATION OR WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FUNCTION,
WHETHER EXPRESS OR IMPLIED, HAS BEEN OR IS MADE BY US.
Notwithstanding the limitations above, if the Truetel CPE is
defective at any time during the applicable warranty period, as
indicated in the Truetel CPE specifications published on our
Website, and the defect is not due to your negligence, abuse or
your violation of this Agreement, we will replace or repair the
defective Truetel CPE, as we deem necessary. You will be responsible for the
payment of all shipping and handling charges. Customer CPE will
be subject to the applicable warranty, if any, of the third
party who supplied the equipment to you.
You are responsible for all costs at your premises, including
but not limited to personnel, wiring, computer equipment,
Internet access, electrical power, and the like, incurred in the
use of the Services. Feel free to contact us if you need
assistance with the installation or use of the Truetel CPE. In the event you have
Customer CPE, please contact the supplier or manufacturer for
service related questions.
grants you a nonexclusive license (or sub-license) to install
and use the Software in machine-readable form solely on your
business or personal computer(s) and in conjunction with your
use of the Products and Services or Customer CPE. The term
"Software" shall mean the computer programs developed, licensed
or acquired by Truetel in object or executable-code versions
only, licensed by you under this Agreement. The term "Software"
includes updates and patches made available to you.
retains all right, title, and interest in and to the Software
and accompanying documentation, and any rights not expressly
granted to you, are herein reserved by Truetel. You may not copy,
reverse engineer, disassemble, decompile, or translate the
Software, or otherwise attempt to derive the source code of the
Software, except to the extent (if at all) expressly permitted
under any applicable law. If applicable law expressly permits
such activities, any information so discovered or derived shall
be deemed to be the confidential proprietary information of
Truetel and must be promptly disclosed by you to Truetel. Any
attempt to transfer any of the rights, duties or obligations
hereunder is void. You may not rent, lease or loan the Software.
You may not reproduce, distribute, publicly perform, publicly
display or create derivative works of or based on the Software
or any part thereof.
(iii) No Warranty. You
EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS
AT your SOLE RISK. THE SOFTWARE (AND TECHNICAL SUPPORT, IF ANY)
IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAWS, Truetel AND ANY APPLICABLE LICENSORS EXPRESSLY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Truetel DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET
your REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED. FURTHERMORE, Truetel DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY Truetel OR ITS AUTHORIZED REPRESENTATIVES SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY
(iv) Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO
CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Truetel, ITS
SUBSIDIARIES, AFFILIATES OR any of THEIR shareholders,
DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND
THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE, EVEN IF Truetel OR ITS AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY.
(v) Termination. Upon
termination of this Agreement, you must delete or destroy all
copies of the Software in your possession and, if requested,
provide Truetel evidence in writing that you have done so.
(vi) Export. The Software may
be subject to the laws and regulations of the U.S. Government.
You agree and certify that neither the Software nor any other
technical data received from Truetel, nor the direct product
thereof, will be exported, re-exported, or transferred, except
as authorized and as permitted by the laws and regulations of
the U. S. Government. Prohibited exports include but are not
limited to; the export, re-export, or transfer of the Software
or technical data to any prohibited entities or destinations
subject to the U.S. Government's current list of restricted or
embargoed countries, any parties currently listed on the U.S.
Government's Denied Parties or Specially Designated National
list, and any proliferation activities prohibited by the U.S.
Government such as chemical, biological, nuclear or missile
technology. If you are using the Software outside the U.S., you
agree to be bound by all laws in the jurisdiction in which you
are using the Software.
(vii) Third Party Software.
The Software incorporates certain components licensed by
Truetel from third parties. You agree that you will not use the
third party components except in conjunction with use of the
if applicable, disclose your Personal Information (as defined in
(ii) Third-Party Networks. We
utilize the public Internet and other third-party networks in
conjunction with the provision of our Services and the Website.
We do not represent that the Internet or any third-party network
will protect the privacy of your Personal Information and
expressly deny any liability associated therewith.
(iii) Monitoring. Consistent
Account and your use of the Website and/or Services.
(iv) Emergency. You allow us
to disclose Personal Information in the event our business is at
risk or in an emergency.
(v) Orange Pages. Unless you
opt out, we will list your first and last name and your eNumber
in our Orange Pages. This means your name and eNumber will be
visible to other users and the general public. You are not
required to participate or list your name and eNumber in our
Orange Pages to use our Service. We are not responsible for
third parties who use the information obtained via the Orange
Pages, and you agree to hold us harmless for any use
(a). Prices and Charges. Prices
and charges vary by Product and Service and are posted on our
Website. We may add to, change, or delete prices and charges from
time to time, including, but not limited to, the addition or
subtraction of countries or territories and types of calls (such
as mobile/cell and special networks) for both our per-minute and
monthly-recurring plans. We may decrease prices and charges
without advance notice, which decreases shall be effective at
24:00 GMT on the date they are posted on our Website. Increases to
prices and charges shall be effective at 24:00 GMT one (1) day
after their posting our Website. Any increase to charges or prices
that are imposed by any government or regulatory agency, or that
are intended to recover our costs associated with government or
regulatory programs may, at our sole discretion, be effective
immediately upon posting to our Website.
(b). Taxes, Surcharges, and Fees.
(i) Governments and Regulatory
Agencies. Federal, state, local and other governments or
regulatory agencies may assess taxes, surcharges or fees on your
use or purchase of our Products and Services. These taxes,
surcharges and fees may be flat fees or a percentage of your
charges, may or may not be assessed according to your physical
location, and may change from time to time, with or without
notice to you. You are responsible for all applicable government
and regulatory agency taxes, surcharges and fees, including, but
not limited to, federal, state, provincial, municipal, local,
sales, use, excise, value-added, personal property, and public
utility taxes, now in force or enacted in the future, that arise
from or as a result of your subscription to, use of or payment
for our Products and Services. Such amounts are in addition to
charges paid for those Products and Services, and will be
invoiced along with such charges. If you are exempt from any or
all taxes, you must provide us with an original certificate that
satisfies applicable legal requirements attesting to your
tax-exempt status. Tax exemption shall only apply from and after
the date we receive such certificate.
(ii) Other Surcharges and
Fees. In addition to any taxes, surcharges and fees
imposed by governments or regulatory agencies, Truetel reserves
the right to charge various surcharges and fees, which may vary
by Product and Service and are posted on our Website. Surcharges
and fees may include, but are not limited to activation fees,
late or unfulfilled payment fees, service restoration fees,
early termination, cancellation and disconnection fees,
regulatory recovery fees, and E911 compliance fees. We reserve
the right to add to, change, or delete such surcharges and fees
from time to time. We may delete or decrease fees without
advance notice, which deletions or decreases shall be effective
at 24:00 GMT on the date they are posted on our Website.
Increases to surcharges and fees shall be effective at 24:00 GMT
one (1) day after their posting our Website. Any increases to
surcharges or fees that are imposed by any government or
regulatory agency or that are intended to recover our costs
associated with government or regulatory programs may, at our
sole discretion, be effective immediately upon posting to our
(iii) Recharge Voucher and Prepaid
Services. Recharge Voucher and other prepaid services
expire on stated expiration date or one (1) year from first use,
whichever is earlier.
(c). Billing and Payment.
(i) Responsibility. In
particular and without limitation, you are solely responsible
for any and all charges incurred as the result of any and all
use of the Services associated with your Account, whether or not
you authorized or intended such charges.
(ii) Invoice and Statement Periods,
Format and Delivery. Billing periods and formats vary by
Product and Service. We reserve the right to change the invoice
and statement format, period and method of delivery from time to
time, with or without notice to you. All invoices and statements
shall be delivered electronically via the email address on file
for your Account. It is your obligation to keep your Account
information accurate and current. An incorrect or obsolete email
addresses in no way releases you of any or all of your payment
(iii) Methods of Payment and Payment
Authorization. We accept payment by credit card, debit
card, wire and Recharge Voucher, as well as through various
third-party payment and merchant agencies. All payments must be
made in U.S. Currency unless otherwise stated on our Website. In
the event that your chosen method of payment is credit card or
debit card, your subscription to any of our billable ser
billable Services, as well your purchase of any Truetel CPE,
authorizes us to charge your credit or debit card. This
authorization shall remain valid until you notify us in writing
to terminate your authorization.
Charges for all Products and Services, including Truetel CPE, are to be paid
in advance unless otherwise specified. All monthly-recurring
charges will be billed one calendar month in advance.
(v) Late Payments. All
charges not paid when due will be subject to a late fee that
will not exceed the maximum allowable lawful rate. In the event
we are required to provide services under a tariff, the late
charge will be the amount stated in the tariff. If we do not
receive your payment by the due date, you will be in breach of
these Terms of Service and we may suspend or terminate your
access to our Website and our provision of Services to you,
without notice, or within such time as required by law, and all
amounts due to us will accelerate and become due and payable
(vi) Failure to Pay. If your
payment obligations to us are unfulfilled for whatever reason,
we may suspend or terminate your Account and we reserve the
right to terminate this Agreement. We reserve the right to
charge you an additional $15.00 (U.S.) or 2% of the outstanding
balance, whichever is greater, subject to applicable laws. You
further agree to pay all costs of collections, including
reasonable attorneys' fees, incurred by us in the collection of
any and all unpaid amounts, breach of the contract actions, and
past due amounts.
(vii) Charges in Error, Billing
Disputes. If you believe you have been charged in error
you must notify us in writing within thirty (30) days after
delivery of your statement or invoice or within seven (7) days
after receipt of your credit card or bank statement. All such
disputes should be sent via governmental mail service or other
standard delivery service, to the attention of the Billing
Department of Truetel Telecommunications International, Inc.,
1475 West Cypress Creek Rd., Suite 204, Ft. Lauderdale, FL
33309. Absent any notice from you as per the above, all charges
and invoices will be considered correct and
(d). Service Suspension, Termination
and Restoration. We may suspend or terminate your Account,
and may terminate this Agreement, if you fail to meet any or all
of your payment obligations. We may, at our sole option, choose to
restore or re-establish your access to our Website and our
provision of Services, which have been suspended or disconnected
for nonpayment of charges, prior to payment of all charges due.
Such restoration or re-establishment shall not be construed as a
waiver of our right to receive full payment for all charges due or
any rights to suspend or disconnect Service for nonpayment of any
such charges due and unpaid or for the violation of the provisions
of these Terms of Service; nor shall the failure to suspend or
disconnect Service for nonpayment of any past due Account or
Accounts operate as a waiver or estoppel to suspend or disconnect
service for nonpayment of such Account or of any other past due
Account. Should Service be suspended for nonpayment of charges, it
will be restored when appropriate payments are made and at our
(e). Termination Notice,
Disconnection/Cancellation Fees. All Services that are
billed on a monthly-recurring basis require that you provide us
with thirty (30) days' written notice of your desire to cancel.
You are responsible for all charges for thirty (30) days from the
date of receipt of your termination notice, and you may be charged
a cancellation or early termination fee. If your service is
disconnected due to your breach of any provision of this
Agreement, you will be responsible for the full month's charges to
the end of the current term, and you may be charged a
disconnection fee. Truetel shall pursue collection for unpaid
balances on disconnected Accounts, and may report to credit
bureaus. We will charge your method of payment on file for the
disconnection fee, if applicable, and any other outstanding
(f). Refunds. If you subscribe
to a billable Product or Service, the minimum applicable invoice
period for which charges and all associated taxes, surcharges and
fees will be assessed is one (1) month, unless otherwise specified
in this Agreement. If you request that we discontinue providing
any Products or Services to you prior to the expiration of the
minimum period, all charges are applicable as per above, whether
the Products or Services are used or not. You may request a refund
of any unexpired prepaid balance in writing, sent via governmental
mail service or other standard delivery service, to the attention
of the Billing Department of Truetel Telecommunications
International, Inc., 1475 West Cypress Creek Rd., Suite 204, Ft.
Lauderdale, FL 33309. Refunds will be net of any and all
applicable taxes, surcharges and fees.
(g). Authorization to Verify Credit
Rating. If we request, you agree to supply us with
information necessary to verify your credit rating prior to
providing you access to our Website or any Products or Services,
and we also may, during the term of this Agreement, update our
information regarding your credit rating without notice to you. We
will keep any information received from the credit bureau
confidential. If we bill you for Products or Services, we may set
a credit limit based on your payment history and/or credit rating
from consumer credit reporting agencies. If we do this, we will
notify you of your initial credit limit and of all changes. If you
exceed your credit limit, we may restrict your access to our
Website or limit our Products or Services without notice. If you
fail to make timely payments, we may also lower your credit
(h). Deposit. If we determine,
prior to providing you access to our Website or any Products and
Services, or during the term of this Agreement, that we need a
deposit to insure your payment, we may require you provide us with
a deposit. In the event we require a deposit, the deposit will be
held and applied as required by law. We may apply your deposit to
past due obligations, and any fees or other assessments to your
Account without notice to you.