Terms Of Service

This service Agreement (this “Agreement”) contains all of the terms and conditions between Boston Telephone Inc, (Bostelinc) and the individual or organization (the "user") using the Boston Telephone service (the "Service").

In this Agreement, "we" and "us" means Boston Telephone, and "You" means the user that is using the Service. "bostelinc.com web site" or "Our Site" means the Web site located at http://www.bostelinc.com.

BY COMPLETING THE SIGNUP PROCESS AND AGREEING TO THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT YOU AGREE TO BE BOUND BY THESE TERMS AS WELL AS THE OTHER POLICIES OF Boston Telephone, INCLUDING THE TERMS AND CONDITIONS OF THE bostelinc.com SITE AND THE PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE EXIT THE Boston Telephone REGISTRATION PROCESS NOW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SERVICE, SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE Boston Telephone SERVICES AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.

1. Service:
Boston Telephone Service provides users to the service with the ability to communicate with other people. Users can access the Boston Telephone service in various ways. 1. Using a land line or mobile access number. 2. Using an Asterisk server to connect to the Boston Telephone network. 3. Using an IAX softphone. Additional methods of connecting to your service may be added at any time with or without notice. The Boston Telephone pricing model is based on a plan charge. plan pricing is displayed on www.bostelinc.com site on the signup page. All users must have a positive account balance to be able to make calls to other people. You are able to make calls to any landline or mobile phone in the world using our service.

2. Payment & Billing:
The Boston Telephone service is a pre-paid service. Payments must be paid in advance. To be able to make calls you must have money deposited in your account. This is done during the intial signup for Service. Payment for Boston Telephone Service can be done via credit card or PayPal. If there are any disputes regarding billing of your account we will verify call detail records on our billing server. Boston Telephone reserves the right to make the final decision depending on the circumstances of the situation. It is up to the discretion of Boston Telephone to issue a refund for money that has been prepaid for the service. In the case of a refund Boston Telephone may charge an administrative fee for the time required to process a refund. This refund fee will not be less than $25.00. There will be no refunds for personal phone number purchases. You are responsible for any calls made with your account login parameters. Make sure you keep this information in a secure place.

3. Quality of Service Issues:
Due to the nature of communication via the Internet there can always be the possibility of downtime as well as quality of service issues. If you are accessing the Service using a softphone or your Asterisk server there might be quality issues due to the current status of the Asterisk system. Either on your end or on Boston Telephone's end. Whenever quality of service issues arise we will do our best to fix any problems as fast we can. You can email support@bostelinc.com if you experience any technical service issues.

4. Compliance with Agreement:
It is within Boston Telephone’s sole discretion as to whether you have violated the terms of this Agreement. Boston Telephone reserves the right to refuse anyone to signup for the SERVICE. Boston Telephone may also, in its sole discretion, prohibit any end user from using the Service. Boston Telephone will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity it becomes aware of. You agree to report any violations of this Agreement by other persons to Boston Telephone to support@bostelinc.com

a) Unsolicited email:
You shall not use Unsolicited Commercial Email (“UCE”), referred to as “Spam”, or any form of unsolicited email to promote any of the Services associated with Boston Telephone. Spam means unsolicited email sent to persons with whom you have no relationship and/or who have not requested your information.

b) Inappropriate Content:
You may not link to Boston Telephone from any website which contains content that is slanderous, libelous, threatening, pornographic, obscene and or infringing that could give rise to any civil or criminal liability.

5. Use of Boston Telephone Intellectual Property and Content:
You are granted a limited, non-exclusive license to use selected images, logos, trade names, trademarks, copyrighted material and similar identifying material relating to us (“collectively, the "Licensed Materials") as provided by Boston Telephone solely to advertise or market our Services. All of the material on the Boston Telephone Site, including text, graphics, and other illustrations (“Content”) is the property of Boston Telephone.

You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, prepare derivative works based on, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without prior written consent of Boston Telephone. You may not use the Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Service will automatically terminate, you must immediately destroy any copies you have made of the Content, and we may end your authorization to use the Service.

6. Publicity:
You shall not create, publish, distribute, or permit any written material that makes reference to Boston Telephone without first submitting such material to Boston Telephone and receiving its prior written consent.

7. Term of the Agreement:
The Term of this Agreement shall become effective upon acceptance of the Terms and Conditions agreement agreed to by You during the signup process. Either You or Boston Telephone may terminate this Agreement at any time, for any reason or no reason, by giving the other party written notice of termination. There will be no refunds upon termination of the service.

8. Modification of Agreement:
Boston Telephone may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new Agreement on this Site. You will be notified of any such change through an email before a change is made. Modifications may include, but are not limited to, changes in the scope of the Service, payment procedures and terms and conditions of the Service. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT AS PROVIDED IN PARAGRAPH 7. IN THE EVENT YOU OBJECT TO A CHANGE, THE CHANGES THAT WERE ANNOUNCED WILL NEVERTHELESS BECOME EFFECTIVE UNLESS WE AGREE, IN WRITING, TO THE CONTRARY. YOUR CONTINUED USE IN THE SERVICE BY FAILURE TO TERMINATE THIS AGREEMENT FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE bostelinc.com SITE WILL CONSTITUTE BINDING ACCEPTANCE OF SUCH CHANGE OR NEW AGREEMENT.

9. Relationship of Parties:
You and Boston Telephone are independent entities, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on Boston Telephone’s behalf.

10. Disclaimers:
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICE OR WITH RESPECT TO THE SERVICES SOLD THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY OR NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE OR THE PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, AND IT WILL NOT BE LIABLE IN ANY WAY FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

11. Limitation of Liability:
We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising out of or relating to this Agreement or the Service, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Service will not exceed $50.

12. Indemnification:
You hereby agree to indemnify and hold harmless Boston Telephone, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses (including reasonable attorneys' fees, which will include an allocable portion of the expense of such party's corporate legal department), and costs (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are related to: (i) any claim that your use of the Licensed Materials infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you or on your behalf herein; (iii) the development, operation, maintenance and content of Your Site, and products and services offered from Your Site, or any claim related to Your Site, including, without limitation, content therein not attributable to us; or (iv) any representation or warranty made by You on Your Site or otherwise relating to the Services that exceeds the representations and warranties made by Boston Telephone regarding such Services.

13. Independent Investigation:
YOU ACKNOWLEDGE BY PRESSING ONE OF THE SUBSCRIPTION BUTTONS THAT (A) YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS, (B) YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT, (C) YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

14. Governing Law:
This Agreement will be governed by the internal laws of the State of Massachusetts, without regard to the choice of law provisions thereof. Any dispute between the parties arising under this Agreement will be resolved by binding arbitration by an arbitrator to be conducted in Newburyport, Massachusetts, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitrator shall have the discretion to order that the cost of arbitration, including the arbitrator's fees, or other costs, and reasonable attorneys' fees, shall be borne by the losing party. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction.

15. Attorneys' Fees:
If either of the parties hereto (or any successor thereto) resorts to legal action in order to enforce, defend or interpret any of the terms or the provisions of this Agreement, the prevailing party will be entitled to receive, in addition to such other remedies as will be awarded to it in such legal action, reimbursement from the non-prevailing party for all reasonable attorneys' fees and all other costs incurred in commencing, maintaining or defending such action (which will include an allocable portion of the expense of such party's corporate legal department). In addition, the prevailing party will be entitled to recover from the non-prevailing party post-judgment attorneys' fees incurred in enforcing a judgment against the non-prevailing party.

16 Entire Agreement:
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications.

17. Miscellaneous:
All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or e-mail or upon receipt, if sent by certified or registered mail, return receipt requested. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

18. Account Verification:
All initial credit card payment signups are security checked and sent verification emails before an account is activated. You must respond to our verfication emails within 24 hours of signup or your account may be removed.

You must enter correct personal information, phone number and a valid email address when you signup for service. Any signups for service, whether paid or not paid, using false information is subject to immediate removal from the system without notice. If your phone number does not answer and/or email address is rejecting our emails, your account may be removed from the system during account verification.