and Conditions of Service
All information is for reference only and is subject to change without notice.
These Terms and Conditions of Service (this
"Agreement") constitute the entire Agreement between Inmatefone (ClearVoIP,
Inc.), ("we" or "us") and you ("you") with
respect to Inmatefone (ClearVoIP, Inc.) services provided through the
website and/or by speaking with a Customer Service Representative. By
activating your account we understand that you have read and accepted these
terms and conditions. It is the Subscriber(s) responsibility to review the
terms clearly posted on the company website and stay aware of any changes made.
No claim not to know these terms will be acceptable in any way, as all public
libraries have internet access.
Inmatefone (ClearVoIP, Inc.) does not use paper "statements" or mail "Terms and Conditions of Service". Terms and Conditions of Service are permanently posted on our website. We reserve the right to modify this Agreement at any time. Such modifications shall be effective upon posting on our website.
By subscribing to the Service, including any such future modifications, you agree to be bound by this and any subsequent revised Agreement posted on our website. Inmatefone (ClearVoIP, Inc.) is sometimes referred to as "we, us, or our" the Subscriber is sometimes referred to as "you, your, Subscriber, user, and Customer".
Upon subscription of Service, we hereby assign to you an
individual, nonexclusive, nontransferable, revocable license to access and use
the Inmatefone (ClearVoIP, Inc.) service, for your non-commercial use. You
shall have no right to sell, resell, duplicate, copy, distribute, exploit for
commercial purposes, any portion, access, or use of the Inmatefone (ClearVoIP,
Inc.) service; nor make any claim that you have such right. Unless, stated
otherwise, any new features provided by us that can enhance the current Inmatefone
(ClearVoIP, Inc.) service shall also be subject to these terms and conditions. We
shall not have any liability for any communications, information, content
and/or materials that you submit to the service and you assume all such
responsibility and liability. We shall have no responsibility for the
transmission or deletion of your Content. We have the right to restrict
termination to any telephone numbers at our sole discretion.
Subscriber is required to prepay for all usages of this service. Subscriber also agrees not to use service for any unlawful, abusive purpose, or in such way that creates damage to Inmatefone (ClearVoIP, Inc.) service’s reputation, employees, facilities, third parties or to the public in general. It is the Subscriber's responsibility to know the rules governing the inmate’s facility where he/she is incarcerated. We are not liable if the place of imprisonment where inmate’s location is changes its telephone policy, which causes interference with the Inmatefone’s service.
Once your account is established, we will issue you LocalCall™ number(s) for the location of the facility of where the inmate is located. You understand that Inmatefone™ (ClearVoIP, Inc.) does not have billing arrangements with any prison phone providers and our service cannot accept collect phone calls. You agree that in the event we get billed for collect calls you are fully responsible for any and all such charges and any additional collection fees we may charge. Such fees per call can vary widely but in all cases you agree to a minimum $10.00 charge. You agree to use alternate means so the calls from your inmate are not billed as collect calls.. This can be done by using prepaid accounts with the contracted phone provider for the inmate’s facility, calling cards utilized by the inmate, or the inmate calling direct through a commissary account. You agree that you FULLY understand how to set up our service and also that it is your responsibility to understand what steps that you need to do next. You also understand that we are NOT responsible for the 3rd party providers to our company. If set up takes you longer than expected, you are still required to pay our service. If at any time you need additional help on how to get set up, you could go to www.inmatefone.com or call us during normal business hours.
We provide our service to you until such time you contact us to cancel. Your service term refers to the period of time for which we will bill you in advance (for example: one month). The service term is the term that you selected from the options available when you signed up for our service. Your first service term begins on the subscription date, which is the date you first ordered service, the date we gave you the phone number, or the date we successfully processed your payment, whichever is later. Your service will continue until canceled by you or by us as provided for herein. Please note that the obligations of this agreement begin on your subscription date.
Your service term automatically renews for the same term unless you call us to cancel your service before the end of your then current service term. The renewal begins on the day after the last day of your service term.
The term of this agreement is a month to month contract. The monthly fee charge is based on what plan the Subscriber chose when setting up the account, even if the Subscriber does not receive calls, the monthly fee will be still charged. Subscriber can cancel at any time. The term of the service shall continue for as long as the Subscriber continues to replenish their account for as many months thereafter as said Subscriber decides to continue service. The agreement is only with the Subscriber, the account is non-transferable. The Subscriber is responsible for paying all charges posted to their account; including monthly plan charges, deposits, set up fees, overage minutes and any other charges associated with the account. Service is offered on a per inmate basis only unless otherwise agreed to by the Company. Accounts may not be “shared” between inmates. In the event the company discovers use of an account by multiple inmates we reserve the right to terminate the agreement and you agree to be retroactively re-billed for all US domestic minutes used since starting the account at the rate of $0.10/mn in addition to the fees already paid.
You shall be solely liable for any transmissions sent through the Service. We have no control over the content of any transmission nor will we be liable for such content. Customer shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the service for any activity that may be considered or are unethical, immoral, abusive of any third party's rights, or illegal. Further, you will abide by all rules, regulations, procedures and policies of Inmatefone (ClearVoIP, Inc.) and any policies of the networks connected to the Services. You agree to abide by all applicable local, state, national, foreign and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the service.
Providing Information to Authorities & 3rd Parties
If we believe that you have used 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 consent to our forwarding of any such communications and information to these authorities. In addition, we my disclose your name, telephone number, credit card information, and other personal information that we may have about your account.
Emergency 911 Service or Operator Assisted Calling
You acknowledge and understand that Inmatefone (ClearVoIP,
Inc.) does NOT allow you to access any 911 or similar emergency services (no
traditional 911, E911, or similar access to emergency services). You should
always have an alternative means of accessing 911 or similar emergency services.
Inmatefone (ClearVoIP, Inc.) is not intended to replace your primary phone
service, such as traditional landline or mobile phone.
Our service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. Our service may not support 411, 311, 511, and other x11 services in one or more service areas.
No Directory Listings
The phone numbers you get from us will not be listed in any telephone directories. However, any phone numbers you transfer from your local phone company may be listed.
You agree to defend, indemnify and hold harmless Inmatefone (ClearVoIP, Inc.), our directors, officers, employees, agents, vendors and affiliates from and against any and all claims, losses, liabilities (including attorney fees), damages, costs and expenses, in any way arising from or related to your use of the Service, your violation of this Agreement or your communication of any Content on or through the Service. You agree that we shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of voice mails, communications, e-mail, data or information as a result of, or arising out of, administration of the Services, whether or not you are given prior notice thereof. If you cancel your service, your old number may be made available to other customers.
Inmatefone (ClearVoIP, Inc.) shall retain all right, title and interest to the Services including all copyrights, trademarks, patents and all other intellectual property rights thereto, including without limitation with respect to all technology and telephone numbers used in connection with or provided as part of the Services. You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. You may not allow any third party to access the Services for any purpose whatsoever. The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under this Agreement. You may not grant any sublicense, lease or other right in the Services to any third party. All rights not expressly granted under this Agreement are retained by Inmatefone (ClearVoIP, Inc.).
Registration; Passwords and Privacy
In registering for the Service, you agree to provide and maintain accurate and complete information about yourself. In registering, you will designate a phone number or phone numbers and password and are responsible for maintaining the confidentiality of these items. If you provide data that is, or that we suspect to be, false, inaccurate, incomplete or not current, we have the right to suspend or terminate Services and refuse any and all current or future use of all services, or any portion. In addition, we reserve the right to immediately disconnect your service at any time without notice. You agree to enter registered private telephone numbers that are controlled by or under the common control of you. We respect your privacy. You must immediately notify us if you suspect any breach of security such as loss, or unauthorized disclosure or use of your password and account.
Payment for Services
Inmatefone (ClearVoIP, Inc.) will charge you the rates in
effect under your plan as published on Inmatefone (ClearVoIP, Inc.), plus
any enhanced service charges at the time of subscription. Such rates may be
updated by us from time to time and will be effective when published on Inmatefone
(ClearVoIP, Inc.). Some charges (such as, but not limited to, surcharges,
overage minutes) may accumulate in your account before you are charged for such
amounts. Your billing cycle starts on the day your LocalCall™ is assigned to
your account. Subscriber agrees that all payments will be made to us via a
valid credit or debit card, including MasterCard, VISA, or Discover. We may
change the credit cards accepted at any time, at our sole discretion. Your name
and address as it appears on your account must also be on the credit account
from which payment is made. If you provide a credit card number that we accept
for payment of your monthly bill, you are authorizing us to charge the amounts
you owe, then or later, to that credit card account and to demand immediate
payment from the card issuer. Every time you use our Services, you re-affirm
that we are authorized to charge your card. You agree to authorize Inmatefone
(ClearVoIP, Inc.) to charge purchases made online to the credit card account
supplied to us when the subscription was initiated, or the card that we have on
file when the purchase is made. You agree to pay all costs and expenses,
including without limitation attorney's fees, incurred Inmatefone (ClearVoIP,
Inc.) to collect any monies due under terms of this Agreement.
Your first month’s service is prepaid when you establish your account. If for some reason your phone number is not available when you initially purchase our service, we will NOT start your first month's service until we issue you a LocalCall™ number. You cannot order a number from us without purchasing our service.
We will publish on our web site the fees and charges. These fees and charges may change from time to time. We may introduce new products and services at special introductory pricing. We reserve the right to bill you more frequently if we feel your account is behind or in default.
Fees upon Disconnection
Disconnection by you. If you
attempt to disconnect service before the end of the current service term, you
will be responsible for all the charges for your current term, including
unbilled charges. In addition, if you disconnect service that is based on
commitment before the end of the commitment, you agree to pay us the applicable
Disconnection by us without reason. If we discontinue service generally, or disconnect your service without a stated reason, you will only be responsible for the charges that have accrued through the date of the disconnection, including a pro-rated portion of the final service term charges, and any recovery fees.
Disconnection by us with a reason. If we disconnect your service for any of the reasons, you will be responsible for all charges through the end of your current service term.
All charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to the credit bureaus.
Billing and Payment
When you subscribe to our service, you must give us a valid email address and a payment method we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced due to loss or theft. Except for usage-based charges, we will bill in advance to your payment method all charges, fees, taxes, and surcharges for each service term. We will automatically charge your credit card on file monthly or yearly from the day that we collected full payment for our service and issued your LocalCallTM phone number. If you chose to pay by check or money order, then payment for monthly or yearly service has to be mailed to us within 7 days of when billing is due. The account will be billed for service on the renewal date if the account is not cancelled or made inactive by the renewal date.
When you subscribe to our service, you authorize us to collect from your payment method. This authorization will remain valid until 30 days after your terminate our authority to charge your payment method. We will then charge you a disconnection fee and any other outstanding charges and disconnect your service.
Payment is due whether or not you’ve elected to use our automated billing facility. Cards not on auto bill will be collected 10 days after the renewal
If we disconnect your service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection agency fees, reasonable attorney’s fees, and arbitration or court costs. We reserve the right to collect any third party fees billed to us and incurred by you or the inmate even after your service is cancelled.
You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive your rights under Regulation E to receive 10 days advanced notice from us regarding the amount that we will debit from your account. While we may send you messages about your billing from time to time, we are not obligated to do so. We may change or cease our messages at any time without notice to you.
If you want to dispute any Inmatefone (ClearVoIP, Inc.) transaction with us, you must notify us within 7 days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within 7 days, you waive any right to contest the charges.
Local Taxes are not included in Inmatefone (ClearVoIP, Inc.) service prices. State and local governments may assess taxes, surcharges, or fees, or all of these, on your use of our service. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable taxes, fees, or charges for your subscription, use or payment for our service. These taxes and fees are subject to change at any time.
Cancellations & Refunds
Refunds are granted at the full discretion of Inmatefone (ClearVoIP,
Inc.) and we have the right to deny any and all refunds. Active accounts should
be cancelled prior to next monthly billing date so they will not be charged the
next month's monthly service.
If your cancel your account after 7 days of service your final month's billing will not be prorated. Your account will be canceled at the end of your of your billing cycle and your bank card will NOT be billed ever again (except for third party fees such as collect calls).
All fees, secondary line charges, service charges, & transfer charges are nonrefundable.
Termination of Service
No one other than the account holder can authorize canceling the account. Accounts may be cancelled by email or other written correspondence sent to the address listed on www.inmatefone.com. You may also contact our Customer Service department during the normal business hours posted online at www.inmatefone.com. If an appropriate form of termination is not used you will remain responsible for all costs and fees associated with your account.
Promotional & Discount Funds
Promotional & Discount funds are not refundable and they must be used for their intended purpose only. Inmatefone (ClearVoIP, Inc.) may offer discounts or promotions from time to time. These offers are non-refundable and non-transferable.
Default/Negative Balance on Account
Should any customer of Inmatefone (ClearVoIP, Inc.) have a
negative balance on their pre-paid account for more than 30 days, Inmatefone
(ClearVoIP, Inc.) will have the right to assume the account is in default. Inmatefone
(ClearVoIP, Inc.) reserves the right to close this account thereafter and send
to collections. You agree to be responsible for any Inmatefone (ClearVoIP,
Inc.) and/or 3rd party collection company fees, attorney fees or any and all
fees associated with your default account. Reactivation of this account is only
possible after the negative balance is paid in full and any reactivation or late
charges that may become due are also paid in full.
If this Agreement is terminated because of Customer default, Inmatefone (ClearVoIP, Inc.) may keep any charges or sums prepaid by Customer upon termination. Inmatefone (ClearVoIP, Inc.) may require reactivation charges to renew Service after termination or suspension.
For any sort of check sent to the company that is a bad check, customer(s) agree to pay a $45.00 to ClearVoIP, Inc. for each check bounced. Any checks that are falsely altered will be sent to appropriate authorities.
*Any negative balance upon closing of the account shall have any outstanding balance charged to the credit card on file.
Inmatefone (ClearVoIP, Inc.) and you agree to arbitrate any and all disputes and claims between you and Inmatefone (ClearVoIP, Inc.). Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and Inmatefone (ClearVoIP, Inc.), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. Reference to Inmatefone (ClearVoIP, Inc.),"us" and "you" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between you and Inmatefone (ClearVoIP, Inc.)
Waiver of Jury Trial
You and Inmatefone (ClearVoIP, Inc.) agree that, by entering into this agreement, you and Inmatefone (ClearVoIP, Inc.) are waiving the right to a trial by jury.
We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think it is necessary in order to protect our service, or Inmatefone (ClearVoIP, Inc.), its parent, affiliates, directors, officers, agents, and employees from harm.
No Third Party Beneficiaries
If you are not a part to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights.
This agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and Inmatefone (ClearVoIP, Inc.). This agreement governs your use of our service, and the use of our services by the members of your household and your guests and employees. This agreement supersedes any prior all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
Changes to This Agreement
We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements and other information concerning Inmatefone (ClearVoIP, Inc.), including changes to this agreement. It is the subscriber(s) responsibility to review the terms clearly posted on the company website to be aware of any changes made. Changes will become binding on you on the date they are posted. When posted, this agreement supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms. If you continue to use our service, we will consider this your acceptance of any changes.
We do not share or sell your information with anyone in any way. We consider the privacy of our subscribers and users to be our top concern and priority.
Copyright & Trademark
Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.
Disclaimer of Warranties
WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, ANY WARRANTY. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED, OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.