1) GENERAL.   By applying for Maxtel service and/or using Maxtel services the Applicant (herein referred to as “Applicant” and/or “Customer”) agrees to all the terms and conditions stated herein and on the website as may be changed from time to time.  Per-minute charges for MaxTel services are located in the RATES schedule http://www.maxtelecom.net/rates.htm. Other charges and fees are set forth in these Terms and Conditions. The rates and other charges may be changed at any time without notice and it is up to the Applicant to check the listed rates for such changes. PAYMENT MUST BE MADE WITHIN 15 DAYS OR SERVICE WILL BE IMMEDIATELY TERMINATED. Applicant agrees to pay reasonable costs of collections, including legal fees. Applicant’s application for service attests to applicant’s ability and willingness to pay invoices within the stated terms and conditions. MaxTel will render Service subject to credit approval.  Applicant shall not use the MaxTel services for any unlawful purpose and shall use the MaxTel services in accordance with the instructions set for the in the MaxTel User Guide.

2) MaxTel has no control of the content of the information passing through MaxTel accounts. MaxTel does not (i) represent or endorse the accuracy or reliability of any opinion, advise or statement made through a MaxTel account, (ii) assume any liability for any harassing, offensive or obscene material distributed through a MaxTel account, or (iii) assume any liability for any material distributed through a MaxTel account which is distributed in violation of any third party’s copyright or other intellectual property right.

3) The Services may only be used for lawful purposes. Applicant is expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including but not limited to, encouraging conduct that would be constituted a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. Applicant may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of such right holder.

4) Applicant agrees to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data.

5) LIMITATION OF LIABILITY. As material inducement for MaxTel to provide the services hereunder, Applicant agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MAXTEL OR ANYONE ELSE INVOLVED IN CREATING PRODUCING, OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SERVIES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF RULES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

6) MAXTEL MAKES NO EXPRESSED OR IMPLIED WARRANTIES TO APPLICANT AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVIES PROVIDED. MAXTEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. 

7) Billing Charges & Terms, Invoices. All call time are in GMT (Greenwich Mean Time). Local time listed may be inaccurate, due to changes between standard and daylight savings time. In countries with multiple time zones, local time in the largest city has been used. We do not charge you for dialing your MaxTel Access Number. When you dial your Access Number and hang up after the busy signal, it is considered an incomplete call and your local telephone service should not bill you for the call (unless they bill for incomplete calls). When you call your Access Number and remain on the line to change your location number, your local phone company may or may not consider this a completed call and they may or may not bill you for the call. Calls made to Customer Service during your MaxTel session (by dialing "OO") are charged at the same rate as any other call made to the USA. All such calls will be noted on your Call Detail Report as "Customer Service". Calls to Customer Service may be monitored for quality assurance. All call made to "800,888,877,866" toll free numbers are charged at the same rate as any other call made to the USA. To keep per-minute rates the lowest possible, there will be no credits issued for any call. Credit Cards will be charged for usage at the time of invoice or at the time the Customer’s credit limit is reached, whichever is earlier. Invoices with call detail reports are mailed within 15 days of the end of the billing cycle. Due to a variety of circumstances, customers in foreign locations my not receive the Invoice until 30 days after the Invoice date, or 60 days after first use. Non-credit card Customers should consider sending deposits equal to two months’ anticipated usage to allow for this span. Paper Invoices will not be sent if monthly usage is less than $25. Invoices are sent via airmail, faxed invoices are available for $10 per copy, either on an interim or permanent basis. Additional copies of Invoices are available for $10 each. All calls to Directory Assistance incur a $1.50 charge per call in addition to the per-minute charge. Operator-assisted calls incur a $1.00 charge per call in addition to the per-minute charge. All applicable U.S. Regulatory charges and taxes will be added to all calls originating or terminating in the USA. Accounts which are denied payment due to reasons of "Insufficient Funds", "Account Closed", or other reasons no the fault to MaxTel will have a $40 fee assessed. Credit Card payments declined by the cardholder’s financial institution will be assessed a $20 fee each time they are declined even if they are eventually accepted. There is a $40 for non-valid credit card or EFT chargeback inquiries. All MaxTel accounts paid by checks drawn on foreign bank accounts will be assessed a $40 bank service charge due to the high costs of collections. Checks drawn on foreign ban accounts for less than $1000 will not be accepted.

8) Indemnification. Applicant shall defend, indemnify and hold harmless MaxTel, its officers, directors, employees and agents from any claims expense, including reasonable attorney’s fees, related to any breach of this Agreement, use of Applicant’s account or in connection with the placement or transmission of any message, information, software or other content using the Services. MaxTel shall give written notice of any such claim, action or demand within a reasonable time.  MaxTel shall be defended by attorneys of their choice at Applicant’s expense. 

9) The headings of the sections of this Agreement are inserted solely for convenience and are not intended to be port of, or affect the interpretation or meaning of this Agreement.

10) Law & Arbitration. This Agreement shall be governed by and construed in accordance with Washington State law. Any controversy or claim between the parties arising out of or related to this Agreement shall be settled by arbitration before a single arbitrator under the then current rules of the Washington Arbitration and Mediation Service (WHAMS). The arbitration shall be held in Seattle, Washington. The decisions and aware of the arbitrator shall be final and binding and the aware so rendered may be entered in any court having jurisdiction thereof.

11) Severability. If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.

12) No Waiver. The failure of either party at any time, or from time to time, to require performance of any obligation under this Agreement shall in no manner affect the right of either party to enforce any provision of this Agreement at a subsequent time and shall not be construed as a waiver of any subsequent breach of that same provision.

13) Applicant may cancel the Services at any time. Applicant’s only remedy with respect to any dissatisfaction with any term, rule, policy or practice of MaxTel is to terminate this Agreement by delivering notice to MaxTel. The return of the application information and the use of the services evidences that the Applicant has read and agrees to the terms and conditions as stated herein. MaxTel reserves the right to suspend or terminate the services if MaxTel, in its sole discretion, believes Applicant is using the services to engage in conduct which interferes with other MaxTel Customer’s use of the services, is harmful to MaxTel, or third parties, or is otherwise in violation of this agreement or any other law or regulation.