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ZAJOUL NET > Privacy policy

PRIVACY POLICY
 
 
 
Privacy Policy
  • ZajoulNet Privacy Policy

    • ZajoulNet Privacy Policy

    These Terms of Service constitute the agreement ("Agreement") between ZAJOUL NET. ("we," "us" or "ZAJOUL NET") and the user ("you," "user" or "Customer") of ZAJOUL NET's communications services and any related products or services ("Service"). This Agreement governs both the Service and any devices, used in conjunction with the Service and it applies to all lines on each ZAJOUL NET account. If you purchased Equipment from a retail store or a provider other than ZAJOUL NET ("Retail Provider"), you are a "Retail Customer" for purposes of this Agreement.
    BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY ITS TERMS AND CONDITIONS.


    1.2 Registration of Physical Location Required. For each phone line that you utilize with the Service, you must register with ZAJOUL NET the physical location where you will be using the Service with that phone line. Your initial location will be registered as a part of subscribing to the Service. It is incumbent on you to confirm the accuracy of your physical address via your online account if you have any changes, additions or transfers of phone numbers. When you move the Device to another location, you must update your location.

    1.3 Service Outages.
    (a) Service Outages Due to Power Failure or Disruption. If there is an interruption in the power supply, the Service, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service.
    (b) Service Outages Due to Internet Outage or Suspension or Disconnection of Broadband Service or Internet Service Provider ("ISP") Service. Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all Service, from functioning.
    (c) Service Outage Due to Disconnection of Your ZAJOUL NET Account. Service outages due to disconnection of your account will prevent all Service, from functioning.
    (d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP, broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. If you suspect this has happened to you, you should alert us to this situation and we will work with you to attempt to resolve the issue.

    1.4 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither ZAJOUL NET nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action


    2. SERVICE TERM.
    2.1 Service Term.Service is offered and paid for on a prepaid basis and according to the plan you choose that begins on the date after you activate your Service and connect to the Internet and ends on the day before the same date in the following period ("Service Term"). Subsequent terms of this Agreement automatically renew for the Service Term upon recharging your subscription. You are purchasing the Service for the full Service Term, meaning that if you attempt to disconnect Service prior to the end of the applicable Service Term, you will be responsible for all charges relating to the then-current Service Term, including unbilled charges, plus a disconnection fee, if applicable, all of which will immediately become due and payable. You will also be responsible for charges for the following Service Term in the event that you do not provide the requisite ten-day disconnect notice as described above.

    2.2 Residential Use of Service and Device.If you subscribe to ZAJOUL NET's residential services, the Service and or Device are provided to you solely for residential use. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use.
    2.3 Prohibited Uses; Unlawful Uses and Inappropriate Conduct. You shall use the Service and or Device only for lawful purposes. You shall not use the Service or the Device in any way that is improper or inappropriate, including in a manner that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. In addition, you shall not use the Service or the Device to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce or distribute information from the Service or use any such automated means to manipulate the Service; use the Service to violate any law, rule or regulation; violate any third party's intellectual property or personal rights; or exceed your permitted access to the Service. We may, but are under no obligation to, monitor usage of the Service for violations of this Agreement. We may remove or block any or all communications if we suspect a violation of this Agreement or if we deem it necessary in order to protect the Service, or ZAJOUL NET, its parent, affiliates, directors, officers, agents and employees from harm. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose. In the event of such disconnection, you will be responsible for all fees and charges due under this Agreement, plus a disconnection fee, if applicable, all of which will be immediately due and payable. If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, ZAJOUL NET will provide customer and call detail information in response to lawful government requests, subpoenas and court orders, or law enforcement requests where the failure to disclose the information may lead to imminent harm to the customer or others. Furthermore, ZAJOUL NET reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

    2.4 Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software.
    (a) Copyright; Trademark.The Service and or Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.
    (b) Unauthorized Usage of Device; Firmware or Software.. Other than for Business Plus customers, you (i) have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and (ii) expressly agree that the Device is exclusively for use in connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

    2.5 Tampering with the Device or Service. You shall not change the electronic serial number or equipment identifier of the Device or perform a factory reset of the Device without our prior written consent. We reserve the right to disconnect your Service if we believe, in our sole and absolute discretion, that you have tampered with the Device. In the event of such disconnection, you will remain responsible for all charges through the end of the current Service Term, including unbilled charges, plus a disconnection fee, if applicable, all of which will immediately be due and payable. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.

    2.6 Theft of Service. You shall not use or obtain the Service in any manner that avoids ZAJOUL NET policies and procedures, including in an illegal or improper manner. You shall notify us immediately, in writing or by calling our customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service whether or not it involves a stolen Device. ZAJOUL NET reserves all of its rights at law and equity to proceed against anyone who uses the Services or Device illegally or improperly.

    2.7 Return of Device (Does Not Apply to Customers)
    (a)Retail Customers. A Retail Customer may only return the Device to the Retail Provider. All returns will be subject to the return policy of such Retail Provider. We will not accept any Device returned to us from a Retail Customer. ZAJOUL NET will credit Service fees if you call us within the Money Back Guarantee period (defined in Section 3.7).
    (b) Non-Retail Customers. Non-Retail Customers may return the Device to us if 1) you cancel services within the Money Back Guarantee period and 2) you return the Device to us with a valid return authorization number within fourteen (14) days of the date you disconnected Service. If you receive cartons or Devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact our customer care department immediately at billing@zajoulnet.com.

    2.8 Number Transfer on Service Disconnection. Upon the disconnection of your Service, we may, in our sole and absolute discretion, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if:

    • such new service provider is able to accept such number;
    • your account has been properly disconnected;
    • your account is completely current, including payment for all Service charges and applicable disconnection fees; and
    • you request the transfer upon disconnecting your account.



    2.9 Service Distinctions. The Service is not a telecommunications service and we provide it on a best efforts basis. Things beyond our control may affect the Service, such as power outages, fluctuations in the internet, your underlying ISP or broadband service. Other things may affect Service, such as maintenance. ZAJOUL NET will act in good faith to minimize disruptions to your use of and access to Service. Important distinctions exist between a telecommunications service and our Service, and our Service is subject to different regulatory treatment than a telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

    2.10 Ownership and Risk of Loss. You will own the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement.
    2.11 No Directory Listing.The phone numbers you obtain from us will not be listed in any telephone directories. Phone numbers transferred from your local phone company may, however, be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.
    2.12 Customer Service.We offer varying types and levels of customer service depending upon a number of factors, including the Service you are using and the problems you are experiencing. For more information on our customer service options, please review the "FAQ" section of our web site located at www.zajoulnet.com. We assume no obligation to provide support services for any third party products or services, or problems with the Service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.


    3. CHARGES; PAYMENTS; TAXES; DISCONNECTION
    3.1 Billing.When the Service is activated, you must provide us with a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. If your payment method expires, you close your account, your billing address changes, or your payment method is cancelled and replaced on account of loss or theft, you must advise us at once. We will bill all charges, fees, applicable taxes and surcharges for each prescribed Service Term, in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your payment method, including, but not limited to:
    3.2 Billing Disputes.. You must notify us in writing within seven (7) days after receiving your statement from your bank or credit card issuer if you dispute any ZAJOUL NET charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to:
    Customer Care Billing Department
    ZAJOUL NET
    -or- billing@zajoulnet.com

    3.3 Payment and Collection.
    (a) Payment.Your subscription to the Service authorizes us to collect from your payment method. This authorization will remain valid until thirty (30) days after we receive written notice from you terminating our authority to charge your payment method, whereupon we will charge you for the disconnection fee, if applicable, and any other outstanding charges and disconnect your Service. We may disconnect your Service at any time in our sole and absolute discretion if any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method or in case of any other non-payment of account charges.
    (b) Collection.If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees.
    (c) Refund.Your prepaid subscription to the service is non refundable. You agree to waive your rights to request any refund from Zajoul Net or any third party after purchasing the product and paying for the service.
    (d) Notices.You understand that it is difficult for ZAJOUL NET to distinguish between credit and debit cards. You agree to waive your rights under Regulation E to receive ten (10) days advance notice from ZAJOUL NET regarding the amount that ZAJOUL NET will debit from your account. ZAJOUL NET may send you messages about your billing from time to time, but ZAJOUL NET is not obligated to do so. ZAJOUL NET may change or cease its messages at any time without notice to you.

    3.4 Disconnection; Discontinuance of Service.We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final Service Term charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for all charges through the end of the current Service Term, including unbilled charges, plus the disconnection fee, if applicable, all of which will immediately be due and payable. ZAJOUL NET will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus.

    4. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES

    4.1 Limitation of Liability.We will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

    • an act or omission of an underlying carrier, service provider, vendor or other third party;
    • equipment, network or facility failure;
    • equipment, network or facility upgrade or modification;
    • force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
    • equipment, network or facility shortage;
    • equipment or facility relocation;
    • service, equipment, network or facility failure caused by the loss of power to you;
    • outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;
    • any act or omission by you or any person using the Service or Device provided to you; or
    • any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation) to be connected or completed, or forwarded.

    Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.

    4.2 Disclaimer of Liability for Damages. IN NO EVENT WILL ZAJOUL NET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

    4.3 Indemnification and Survival.
    (a) Indemnification. . You shall defend, indemnify, and hold harmless ZAJOUL NET, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services or the Device.
    (b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

    4.4 No Warranties, NO REFUND on Service.WE MAKE NO WARRANTIES; EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER ZAJOUL NET NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ZAJOUL NET'S NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY ZAJOUL NET OR ZAJOUL NET'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
    WE MAKE NO Refund; YOUR PREPAID SUBSCRIPTION TO THE SERVICE IS NON REFUNDABLE. YOU AGREE TO WAIVE YOUR RIGHTS TO REQUEST ANY REFUND FROM ZAJOUL NET OR ANY ASSOCIATED THIRD PARTY AFTER PURCHASING THE SERVICE.
    (c) Retail Customer Limited Warranty. For Retail Customers only, we will provide a limited warranty on the Device as to manufacturing defects only for a period of one (1) year from the date of purchase. This Retail Customer limited warranty does not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, does not apply to any defect caused by damage in transit, retailer handling or Retail Customer handling. A Retail Customer's sole remedy for any breach of this Retail Customer limited warranty is to obtain a repaired or replacement Device, by following the return procedures set forth in Section 2.10. Retail Customer must include with the returned Device a letter stating that the Retail Customer is returning the Device for warranty repair or replacement and stating the nature of the defect. The Retail Customer limited warranty will also apply in lieu of the limited warranty included with the Device if such included limited warranty is less favorable to Retail Customer than that contained herein.
    (d) Disclaimer. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER'S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE. DEVICE WARRANTIES DO NOT APPLY TO BUSINESS PLUS CUSTOMERS.
    4.5 Content. You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content.

    5. FUTURE CHANGES TO THIS AGREEMENT
    We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.ZAJOULNET.COM. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.


    6. PRIVACY
    ZAJOUL NET Service utilizes, in whole or in part, the public Internet and third party networks to transmit data and voice and other communications. ZAJOUL NET is not liable for any lack of privacy which may be experienced with regard to the Service.


    7. Deactivation of Service
    Zajoul Net reserves the right to terminate a service in exceptional cases if, in its sole view, the customer is indulging in Network behavior that is malicious, deliberately or un-deliberately causing problems for other users or is brought to the attention of Zajoul Net as being of that nature. Such cases would include but not be limited to 'Hacker attacks' on other sites, 'Denial of Service attacks' on other sites or 'Spamming'.