Terms, Conditions and Policies

You found it - the legalese page. If you have any questions, please feel free to call our Customer Care associates at 800-352-4340.

Consumer Disclosure And Terms Of Service

The following is important information about your account with FreedomStarr Communications, Inc. It incorporates by reference and should be read in conjunction with the TERMS AND CONDITIONS, and the PRIVACY AND SECURITY POLICY included below. Please contact FreedomStarr Communications, toll-free at 800-352-4340 if you have any questions or do not understand any of the following terms and conditions of your use of FreedomStarr’s 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 FreedomStarr’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 “FreedomStarr” refer to FreedomStarr Communications, Inc. and its affiliates doing business as FreedomStarr Communications, Inc., Planet Earth Communications, AmericanFone, USPhone, or iPhoneBill.com.)

2. You agree to provide FreedomStarr 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 FreedomStarr 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 FreedomStarr. 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 FreedomStarr’s services are available at the Internet site located at www.FreedomStarr.net 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 FreedomStarr 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, FreedomStarr reserves the right to suspend or cancel your account at its sole discretion. FreedomStarr reserves the right to require payment by money order, cashier’s check or other secured form of payment. You agree to pay FreedomStarr’s cost and expenses in collecting all payments, beyond invoicing for charges and services rendered, including attorney’s fees and expenses, collection agency fees 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 FreedomStarr’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 FreedomStarr has the right to monitor all accounts for unauthorized or fraudulent use of service in a manner in its discretion, is appropriate and may terminate your account immediately if FreedomStarr determines, in its sole discretion that you have engaged in unauthorized or fraudulent use of 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 FreedomStarr.

10. FreedomStarr 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 FreedomStarr, its subsidiaries, clients and customers against criminal and civil liability. Unless required by law or otherwise as provided herein, FreedomStarr 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 FreedomStarr, 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

    FreedomStarr 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 FreedomStarr’s Terms of Service by writing FreedomStarr’s Customer Care Department at 7985 Santa Monica Blvd #7, Los Angeles, CA 90046 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 FreedomStarr’s rates or Terms of Service, you may cancel Services at any time.

14. Provision of Service

    FreedomStarr 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 FreedomStarr’s Monthly Calling Services only by first dialing your assigned 800 number. FreedomStarr’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 touch tone phone in the continental United States including pay phones and cellular telephones. Please note that calls made from cell phones using FreedomStarr’s long distance service do NOT include any applicable roaming and air time charges; those charges are billed separately by your cellular provider.

15. FreedomStarr reserves the sole right to determine the methods of access and the optimum routing for communications across FreedomStarr facilities or across other networks. FreedomStarr reserves the sole right to determine what usage shall be considered residential. Except as expressly authorized by FreedomStarr 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 FreedomStarr’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 FREEDOMSTARR’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

    FreedomStarr 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, FreedomStarr is not liable for service outages or for service limitations or interruptions. FreedomStarr’s liability arising out of or related to this agreement will not exceed the amount you are charged for services during the affected period. FreedomStarr 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 FreedomStarr, even if we have been advised of the possibility of such damages. FreedomStarr 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. Termination

    This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from FreedomStarr Communications, Inc. if in FreedomStarr Communications, Inc.'s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise.

20. Jurisdiction/Venue

    You agree that any legal action brought against FreedomStarr Communications, Inc. 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.

21. Arbitration & Class Action Law Suits

    Any disputes that arise between you and FreedomStarr (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.

22. 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 7985 Santa Monica Blvd Suite 109 #7 Los Angeles, CA 90046 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.

23. Other

    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.

    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.

    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.

24. Waiver

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

    ADDITIONAL TERMS APPLICABLE TO SPECIFIC PRODUCTS

25. 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 FREEDOMSTARR ACCOUNT IS RENEWED AUTOMATICALLY EVERY 30 DAYS. AT THE BEGINNING OF EACH MONTH, CHARGES WILL BE BILLED TO THE CREDIT CARD THAT FREEDOMSTARR 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.

26. Long Distance and International Service Calling Plans

    FreedomStarr’s Long Distance rates apply for all Long Distance calls made 24 hours a day, seven days a week, from any touch tone telephone in the continental United States, including pay phones and cell phones. FreedomStarr’s state-to-state rates are provided on this website. (See FreedomStarr Communications, Inc. WEBSITE TERMS AND CONDITIONS, PRIVACY AND SECURITY POLICY below for applicable limitations on website information.) FreedomStarr’s intrastate long distance rates may be found within the applicable state tariffs. Please note that calls made from cell phones using FreedomStarr’s long distance service do NOT include any applicable roaming and air time charges; those charges are billed separately by your cellular service provider.

    Long Distance service under any FreedomStarr plan is intended for the exclusive use of the initial purchaser, and may not be transferred or assigned to another. FreedomStarr’s services/calling plans may not be resold to a third party without the express, prior, written consent of FreedomStarr. FreedomStarr’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 FREEDOMSTARR SERVICES OR CALLING PLANS BY THE INITIAL PURCHASER, FREEDOMSTARR 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 FreedomStarr 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.

27. Terms of Service Specific to Conference Calling Services

    Customers of FreedomStarr’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. FreedomStarr’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. FreedomStarr’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, FreedomStarr will have no liability whatsoever for the content, intended or actual, of conference calls held using the FreedomStarr services. Beyond such credits as are expressly made available within the specific terms and conditions of the conference calling service plan, FreedomStarr 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 FreedomStarr.

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

FREEDOMSTARR COMMUNICATIONS, INC. WEBSITE TERMS CONDITIONS

Please read these terms and conditions carefully before using this website (the "Site"). By using this Site, you indicate your agreement to the terms and conditions set forth below. FreedomStarr Communications, Inc. has established the following guidelines to ensure an enjoyable shopping experience for all customers, and to identify the benefits of, and conditions to, your use of the Site. If you are not willing to be bound by to these terms and conditions, please do not use this Site.

Additional terms and conditions applicable to specific services purchased via this website are covered separately in the Consumer Disclosure And Terms Of Service document above.

Use of Site

You acknowledge that this Site contains information, communications, software, photos, text, video, graphics, icons, logos, music, sounds, images and other material and services (collectively "Content"), and that such Content is provided by FreedomStarr Communications, Inc., and/or by licensors of FreedomStarr Communications, Inc., (The term "FreedomStarr Communications, Inc.," as used herein, includes all subsidiaries and affiliates of FreedomStarr Communications, Inc.). You agree and acknowledge that, even though FreedomStarr Communications, Inc. permits access to the Content, the Content is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (collectively "Rights"), that these Rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these terms and conditions, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws.

User Conduct

Your use of the Site is subject to applicable local, state, federal and International law. You agree not to use the Site or any of the Content for any illegal purpose, or to transmit to or through the Site (including by use of any merchandise or services offered on or in connection with the Site) any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Site.

In addition to FreedomStarr Communications, Inc.'s Rights and the rights of its licensors in individual elements of the Content, FreedomStarr Communications, Inc. owns copyrights in the selection, coordination, arrangement and/or enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the Content, in whole or in part, without the prior written consent of FreedomStarr Communications, Inc.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER FREEDOMSTARR COMMUNICATIONS, INC., NOR ANY OF IT'S [ITS] EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. NO LIABILITY SHALL ATTACH TO FREEDOMSTARR COMMUNICATIONS, INC. FOR ERRORS CONTAINED WITHIN THIS WEBSITE INCLUDING ACCIDENTALLY MISQUOTED RATES AND TERMS OF SERVICE.

(B) THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. FREEDOMSTARR COMMUNICATIONS, INC. DOES NOT WARRANT THAT DEFECTS HAVE BEEN CORRECTED OR WILL BE CORRECTED NOR DOES IT MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS IN THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE TOTAL EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE EXCLUSIONS SET FORTH HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT FREEDOMSTARR COMMUNICATIONS, INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(D) IN NO EVENT WILL FREEDOMSTARR COMMUNICATIONS, INC. OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING FREEDOMSTARR COMMUNICATIONS, INC. OR THE FREEDOMSTARR COMMUNICATIONS, INC. SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER FREEDOMSTARR COMMUNICATIONS, INC. NOR ITS INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION OR PRODUCT CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER FREEDOMSTARR COMMUNICATIONS, INC. NOR ITS INFORMATION PROVIDERS OR CONTENT PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. YOU EXPRESSLY AGREE THAT FREEDOMSTARR COMMUNICATIONS, INC. SHALL NOT BE LIABLE FOR ANY DELAYS, MISDELIVERIES OR DAMAGE CAUSED BY, IN WHOLE OR IN PART, THE CONDUCT OF THE U.S. POSTAL SERVICE OR OTHER CARRIER. ADDITIONALLY, IN CONNECTION WITH THE SITE, FREEDOMSTARR COMMUNICATIONS, INC. WILL PARTNER, OR CREATE STRATEGIC ALLIANCES, WITH THIRD PARTY PROVIDERS WHICH MAY INCLUDE, AMONG OTHER THINGS, MAGAZINE COMPANIES, RETAILERS PROVIDING GIFT CERTIFICATES, AND THE LIKE, AND YOU ACKNOWLEDGE THAT FREEDOMSTARR COMMUNICATIONS, INC. SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, DEFECT OR FAILURE OF SUCH THIRD PARTY PROVIDER, NOTWITHSTANDING ITS PACKAGING WITH, OR ASSOCIATION WITH, THE CONTENT OR PRODUCT PROVIDED BY FREEDOMSTARR COMMUNICATIONS, INC. ON THE SITE.

(F) YOU WARRANT THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY TO USE THE SITE. WITHOUT LIMITING THE FOREGOING, YOU AGREE TO BE FINANCIALLY RESPONSIBLE FOR ANY PURCHASE(S) YOU PLACE ON OR IN CONNECTION WITH THE SITE. THE SITE AND/OR THE CONTENT ON THE SITE MAY NOT BE SUITABLE FOR ALL VISITORS. YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS CONCERNING YOUR ACCESS TO AND/OR USE OF SUCH PORTION(S) OF THE SITE AND/OR THE CONTENT, INCLUDING ANY INTERNAL RULES REGARDING YOUR ACCESS TO AND/OR USE OF THE SITE (E.G. ANY APPLICABLE RULES AND OR POLICIES OF YOUR EMPLOYER OR INTERNET SERVICE PROVIDER). YOU ALSO REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO, AND BE BOUND BY, THESE TERMS AND CONDITIONS.

(G) THE SITE MAY CONTAIN LINKS TO OTHER SITES ON THE INTERNET THAT ARE OWNED AND OPERATED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT FREEDOMSTARR COMMUNICATIONS, INC. IS NOT RESPONSIBLE FOR THE OPERATION OF OR CONTENT LOCATED ON OR THROUGH ANY SUCH SITE.

Revisions To Terms; Duty Of User

FreedomStarr Communications, Inc. reserves the right to change the terms of this agreement at any time by posting the changes online. You are responsible for reviewing information posted online with respect to such changes. Your continued visits, use of the service and/or purchase of merchandise through the Site constitutes your acceptance of these terms, as modified by any posted changes.

Privacy and Security Statement

Subject to applicable state and federal law, FreedomStarr Communications, Inc. does not sell, loan, rent or otherwise disseminate any identifiable personal information regarding its customers. All information you give to us in connection with an order is held and processed in a secure manner and will not be used in ways to which you have not specifically given consent. FreedomStarr Communications, Inc. may share summary, non-personal information regarding its customers with partners or third parties. However, absolutely none of this information will contain individual consumer information. We use a standard security system called Secure Sockets Layer (SSL), a common program layer for transmitting payment information between buyer and seller. SSL passes info from the user's web browser to the merchant's web server software within a secure environment. SSL encodes your data and encapsulates it into individual blocks, which guarantees the confidentiality and integrity of the transaction. "Cookies" are small bits of information that are stored on your computer's hard drive by your Internet browser. FreedomStarr Communications, Inc. uses "cookies" in the following manner. Our cookies do not contain any personally identifiable information about you. They allow us to track your usage of our Site. Such cookies also let us know if you came to FreedomStarr Communications, Inc. from a banner advertisement or a particular link. Cookies cannot and will not be used by FreedomStarr Communications, Inc. to retrieve personal information about you, without your consent.

FREEDOMSTARR Customer Proprietary Network Information (CPNI) Policy

The information that we have relating to the (1) quantity, technical configuration, type, destination, location, and amount of Your use of telecommunications service, and (2) information contained on Your invoice concerning the telecommunications services that You receive is subject to additional privacy protections. That information, when matched to your name, address, and telephone number is known as "Customer Proprietary Network Information," CPNI. Examples of CPNI include information typically available from details on a customer's monthly telecommunications bill -- the type of line, technical characteristics, class of service, current telecommunications charges, long distance and local service billing records, directory assistance charges and usage, data and calling patterns. (CPNI does not include Your name, address, and telephone number, because that information is protected by the general privacy policy described above.)

As a subscriber to our telecommunications services, you have the right, and FreedomStarr has a duty, under federal law, to protect the confidentiality of CPNI. FreedomStarr offers many communications-related services, such as, for example, Internet services. From time to time we would like to use the CPNI information we have on file to provide you with information about our communications-related products and services or special promotions. Our use of CPNI may also enhance our ability to offer products and services tailored to your specific needs. We would like Your approval so that we, our agents, affiliates, joint venture partners, and independent contractors may use this CPNI to let You know about communications-related services other than those to which You currently subscribe that we believe may be of interest to You. You do have the right to restrict this use of CPNI. IF WE DO NOT HEAR FROM YOU WITHIN 30 DAYS OF THIS NOTIFICATION, WE WILL ASSUME THAT YOU APPROVE OUR USE OF YOUR CPNI FOR THE PURPOSES OF PROVIDING YOU WITH INFORMATION ABOUT OTHER COMMUNICATIONS-RELATED SERVICES. YOU HAVE THE RIGHT TO DISAPPROVE OUR USE OF YOUR CPNI, AND MAY DENY OR WITHDRAW OUR RIGHT TO USE YOUR CPNI AT ANY TIME BY CALLING THE TELEPHONE NUMBER REFLECTED ON YOUR MONTHLY BILLING STATEMENT. (We will also honor any restrictions applied by state law, to the extent applicable.)

FreedomStarr also offers various other services that are not related to the communications services to which you subscribe. Under CPNI rules, some of those services, such as FreedomStarr video services, are considered to be non-communications related services. Occasionally, You may be asked during a telephone call with one of our representatives for Your oral consent to FreedomStarr's use of Your CPNI for the purpose of providing You with an offer for products or services not related to the telecommunications services to which You subscribe. If You provide Your oral consent for FreedomStarr to do so, FreedomStarr may use Your CPNI for the duration of such telephone call in order to offer You additional services.

Any action that you take to deny or restrict approval to use Your CPNI will not affect our provision to you, now or in the future, of any service to which you subscribe. You may disregard this notice if you previously contacted us in response to a CPNI Notification and denied use of Your CPNI for the purposes described above. Any denial of approval for use of Your CPNI outside of the service to which you already subscribe is valid until such time as your telecommunications services are discontinued or You affirmatively revoke or limit such approval or denial.

The CPNI Policy above may be required by law to apply to Voice over Internet Protocol, or, IP voice services.

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 7985 Santa Monica Blvd #7 Los Angeles, CA 90046, 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.