MyStar123.com^TM provides access to long distance services for you to make long distance telephone calls subject to the terms and conditions set forth in this document.

Please read this agreement carefully before accessing or using this service.

You understand and agree that MyStar123.com^TM may modify and/or change the agreement at any time without prior notice.

By purchasing or using the service, you, the user accepts the rates, terms, and conditions and agree to be bound by the terms and conditions set forth below.

Eligibility
You are eligible to use this service if you are of legal age, and can form a legally binding contract under applicable laws. If you are not of legal age, please do not use MyStar123.com^TM Internet site.

Customer Service
You may call 1-877-291-9783 between 8:00 a.m. and 8:00 p.m. EST seven days a week, to contact customer service, to report any problems and to inquire about international rates, fees, surcharges, access numbers, and country codes.

The Entire Terms and Conditions include the following:

User Conduct
You are solely responsible for the transmission of information when you access MyStar123.com^TM Internet site and should make every effort to safeguard your access and assigned PIN number. MyStar123.com^TM is not responsible for unauthorized use or access to your account information.

You agree not to use your access for intrastate dialing, to place 500, 700, 800, 888, 877, 866, 855, 900, 976, 411, or 555 number calls, or to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls.

You agree that calls made using a toll-free access number (e.g., 1-800, 1-888, etc.), are assessed an additional fee of $0.02 per minute. Rates vary and are subject to change.

Calls are billed in increments of one minute. For example, the first minute or fraction thereof is billed as one minute, and each additional increment or fraction thereof will be billed at an additional minute.

Fraud

Unauthorized Users/Lost/Stolen Credit Cards
Unauthorized use and/or credit card fraud is a criminal offense. You must take the necessary precautions to safeguard your card at all times. Reduce your risk by reviewing your statement regularly. If you notice any fraudulent activities you must report it immediately to your credit card company and to the customer service number provided. This reporting should be followed by written documentation with your personal identifying information and the erroneous charges to your account. Once we received proof of the fraudulent charges we will investigate the matter immediately and take appropriate action which may include blocking the account from further charges. It is your responsibility to report this fraud to the proper authorities such as the police, and other responsible government agencies. We will assist the law enforcement agencies by providing supporting documentation of the fraud upon request. We are not responsible for unauthorized charges to your account but will assist in every way possible to resolve the situation.

Cancellation of Account(s)
We reserve the right to cancel your account at our sole discretion in case of any suspicious activities involving your account. In case your account is canceled any unused funds will be refunded to the original credit card with which the account was opened or reloaded. If your account is canceled, you may contact our Customer Service Department for further information. We must receive written notification within 10 business days and we will investigate the circumstances.

Representations and Warranties
You represent that all information provided by you in connection with your use of the service is accurate and current. The service is provided to you “as is”. MyStar123.com^TM makes no representations or warranties of any kind whatsoever, express or implied, in connection with this agreement including available number of minutes to a particular country or remaining number of minutes to a particular country. Any marketing material, rate table, or voice prompts that refer to such information do not account for the charges, fees, rates, assessments, and incremental billing described above.

Limitation of Liability and Warranties
You acknowledge and agree that MyStar123.com^TM will not be liable under any circumstances, for any indirect, special, incidental or consequential damages of any kind or for any failure of performance due to causes beyond its control, including, but not limited to, Acts of God, fires, floods or other catastrophes, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties, preemption of existing services in compliance with any law, order, regulation or other action of any governing authority or agency thereof.

No warranties. The service and the site, including any content or information contained within it is provided “As is” and “As” available” with no technical support or representations or warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, system integration, title and non-infringement. In particular, but without limitation, MyStar123.com^TM does not warrant that the service will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components. MyStar123.com^TM does not WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THET YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE , INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.

Indemnification
You agree to defend, indemnify, and hold us, our Affiliates and representatives and any other service provider, harmless from claims or damages relating to this Agreement or your promises or statements made in it and use of the Service. This paragraph shall survive termination of this Agreement.

Any dispute or claim arising out of or relating to this Agreement or service provided in connection with this Agreement will be resolved by binding arbitration except that (1) you may take claims to small claims court if they qualify for hearing by such a court, or (2) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

Arbitration Procedures
You must first present any claim or dispute to us through Customer Service. If the dispute cannot be resolved with Customer Service you may present your claim in writing at the address provided on MyStar123.com^TM website, to allow an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved in 60 days. The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association. Any arbitration will take place in Miami-Dade, Florida. An arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation, or class arbitration, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant o an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

Arbitration Expense
All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation.

Waiver of Punitive Damage Claims and Class Actions
By this Agreement you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

Privacy
We are not liable for any lack of privacy you may experience while using the Service. We have the right to intercept and disclose any transmissions over our facilities and to provide subscriber billing and call records and related information under certain circumstances (for example, in response to lawful process, warrants subpoenas or to protect our rights or property). For more information, please see our Privacy Policy.

Assignment
We may assign all or part of this Agreement without such assignment being considered change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written approval.

Governing Laws
This Agreement shall be governed by, enforced and construed in accordance with the laws of the State of Florida.

Entire Agreement
These general Terms and Conditions represent the entire agreement between you and us and supersede all prior offers, contracts, agreements and representations. This agreement supersedes all promises made to you by our client services agents, representatives or employees. If any part of this Agreement is found invalid, the balance remains enforceable.