OREGONTEL(M) SDN. BHD. TERMS OF SERVICE
These Terms of Service constitute the agreement ("Agreement") between
OregonTel Malaysia Sdn. Bhd. ("we," "us" or "OregonTel") and
the user ("you," "user" or "Customer") of
OregonTel's residential and small business communications services and any
related products or services ("Service"). This Agreement governs both
the Service and any devices, such as an IP phone, Multimedia Terminal Adapter,
Analog Telephone Adapter or any other IP connection device ("Device"
or "Equipment"), used in conjunction with the Service. If you
purchased Equipment from a retail store, dealer or other provider other than
OregonTel, you are a "Residential 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 THE
TERMS AND CONDITIONS OF THIS AGREEMENT.
1. EMERGENCY SERVICES - 999 DIALING
1.1 Non-Availability of Traditional 999 or E999 Dialing Service. The
Service does not support traditional 999 or E999 access to emergency services
in all locations. You shall inform any household residents, guests and other
third persons who may be present at the physical location where you utilize the
Service of the non-availability of traditional 999 or E999 service.
1.2 Disclaimer of Liability and Indemnification. We disclaim any and all
liability or responsibility for the lack of the 999 dialing feature. Neither
OregonTel 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, arising from or relating to the lack of
a 999 Dialing service. You shall defend, indemnify, and hold harmless
OregonTel, its officers, directors, employees, affiliates and agents and any
other service provider who furnishes services to you in connection 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 relating to the absence of the 999 Dialing service.
1.3 Alternate 999 Arrangements. If you are not comfortable with the lack
of a 999 Dialing service, you should consider having an alternate means of
accessing traditional 999 or E999 services or terminating the Service.
2. SERVICE
2.1 Term. Service is offered on a monthly basis for a month term that
begins on the date that OregonTel activates your Service and ends on the day
before the same date in the following month. Subsequent terms of this Agreement
automatically renew on a monthly basis unless you give us written notice or via
the web of non-renewal at least ten (10) days before the end of the monthly
term in which the notice is given. You are purchasing the Service for full
monthly terms, meaning that if you attempt to terminate Service prior to the
end of a monthly term, you will be responsible for the full month's charges to
the end of the then-current term, including, without limitation, unbilled
charges, plus a termination fee, if applicable, all of which will immediately
become due and payable. You will also be responsible for the next full month's
charges in the event that you do not provide the requisite ten-days notice of
termination prior to the expiration of the then-current term. Expiration of the
term or termination of Service will not excuse you from paying all accrued and
unpaid charges due under this Agreement
2.2 Residential Home Use of Service and Device. If you subscribe to
OregonTel's residential home services, the Service and the 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, without limitation,
charitable or political solicitation or polling), fax or voicemail broadcasting
or fax or voicemail blasting. We reserve the right to immediately terminate 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 Business Use of Service and Device. If you subscribe to OregonTel's
business services, the Service and Device are provided to you as a small business
user. 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, without limitation, charitable or
political solicitation or polling), fax or voicemail broadcasting or fax or
voicemail blasting. We reserve the right to immediately terminate or modify
your Service if we determine, in our sole and absolute discretion, that you
have at any time used the Service or the Device for any of the aforementioned
or similar activities.
2.4 Prohibited Uses.
(a) Unlawful. You shall use the Service and the Device only for lawful
purposes. We reserve the right to immediately terminate your Service 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 termination, you will
be responsible for the full month's charges to the end of the current term,
including, without limitation, unbilled charges, plus a termination fee, if
applicable, all of which will become immediately due and payable upon
termination of your Service. 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,
OregonTel will provide information in response to law enforcement requests,
subpoenas, court orders, to protect it's rights and property and in the case
where failure to disclose the information may lead to imminent harm to the customer
or others.
(b) Inappropriate Conduct. You shall not use the Service or the Device
in any way that is threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, or any similar behavior.
We reserve the right to immediately terminate your Service if, in our sole and
absolute discretion, we determine that you have used the Service or the Device
in any of the aforementioned ways. In the event of such termination, you will
be responsible for the full month's charges to the end of the current term,
including, without limitation, unbilled charges, plus a termination fee, if
applicable, all of which will become immediately due and payable upon
termination of your Service. If we believe that you have used the Service or
the Device in any of the aforementioned ways, 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, OregonTel will provide information in response to law
enforcement requests, subpoenas, court orders, to protect it's rights and
property and in the case where failure to disclose the information may lead to
imminent harm to the customer or others
2.5 Use of Service and Device by Customers Outside the
2.6 Copyright; Trademark; Unauthorized Usage of Device; Firmware or
Software.
(a) Copyright; Trademark. The Service and 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. You 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.
2.7 Tampering with the Device or Service. You shall not change the
electronic serial number or equipment identifier of the Device or to perform a
factory reset of the Device without our prior written consent. We reserve the
right to terminate your Service if we believe, in our sole and absolute
discretion, that you have tampered with the Device. In the event of such
termination, you will remain responsible for the full month's charges to the
end of the current term, including, without limitation, unbilled charges, plus
a termination fee, if applicable, all of which will immediately become 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.
2.8 Theft of Service. 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 termination 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.
2.9 Return of Device. Customers may return the Device to the sales
representative within seven (7) days of the termination of Service to receive a
credit for the RM150 termination fee provided that:
·
the Service is terminated within the first thirty (30) days
following the activation of the Service;
·
the Device is in original condition, reasonable wear and tear
excluded;
·
together with the original packaging, all parts, accessories,
and documentation;
·
if you disconnect multiple lines, we will issue you a credit for
all termination fees upon receipt of all Devices in accordance with the
requirements set forth above.
2.10 Service
Distinctions. The Service is not a telecommunications service and we provide
it on a best efforts basis. Important distinctions exist between
telecommunications service and the Service offering that we provide. The
Service is subject to different regulatory treatment than telecommunications
service. This treatment may limit or otherwise affect your rights of redress
before regulatory agencies.
2.11 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.
2.12 No 0+ or Operator Assisted Calling; May Not Support x11 Calling.
The Service does not support 0+ or operator assisted calling (including,
without limitation, collect calls, third party billing calls or calling card
calls). The Service may not support 311, 511 and/or other x11 services in one
or more (or all) service areas.
2.13 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.
2.14 Incompatibility With Other Services.
(a) Home Security Systems. The Service may not be compatible with home
security systems. You may be required to maintain a telephone connection
through your local exchange carrier in order to use any alarm monitoring functions
for any security system installed in your home or business. You are responsible
for contacting the alarm monitoring company to test the compatibility of any
alarm monitoring or security system with the Service.
(b) Certain Broadband Services. You acknowledge that the Service
presently is not compatible with the wireless versions of broadband service and
there may be other services with which the Service may be determined to be
incompatible. You further acknowledge that some providers of broadband service
may provide modems that prevent the transmission of communications using the
Service. We do not warrant that the Services will be compatible with all
broadband services and expressly disclaim any express or implied warranties
regarding the compatibility of the Service with any particular broadband
service.
3. CHARGES; PAYMENTS; TAXES; TERMINATION
3.1 Billing. When the service is activated, you must provide us with a
valid email address and a credit card number from a card issuer that we accept.
We reserve the right to stop accepting credit cards from one or more issuers.
If your credit card expires, you close your account, your billing address
changes, or your credit card is cancelled and replaced on account of loss or
theft, you must advise us at once. We will bill all charges, applicable taxes
and surcharges monthly 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 credit card, including but not limited to:
·
activation fees;
·
monthly Service fees;
·
international usage charges;
·
advanced feature charges;
·
equipment purchases;
·
termination fees; and
·
shipping and handling charges.
The
amount of such fees and charges shall be published on our website and may
change from time to time. Notification of monthly invoices will be sent to you
via your email address on file with us. We reserve the right to bill at more
frequent intervals if the amount you owe to us at any time exceeds RM50. Any
usage charges will be billed in increments that are rounded up to the nearest
minute except as otherwise set forth in the rate schedules found on our
website.
3.2 Billing Disputes. You must notify us in writing, email or fax within
seven days after receiving your credit card statement if you dispute any
OregonTel charges on that statement or you will be deemed to have waived any
right to contest such charges. OregonTel must acknowledge that we have received
your dispute for any billing errors, in order to be deemed a valid
dispute. All notices of disputed charges
should be sent to:
Customer Care Billing Department
OregonTel Malaysia Sdn. Bhd.
Selangor DE, Malaysia
603-7781-7279 / 7260
603-7781-7197
Fax
-or- billing@OregonTel.com
3.3 Payment and Collection.
(a) Payment. We only accept payment by credit card. Your subscription
to the Service authorizes us to charge your credit card. This authorization
will remain valid until 30 days after we receive written notice from you
terminating our authority to charge your credit card, whereupon we will charge
your credit card for the termination fee, if applicable, and any other
outstanding charges and terminate your Service. We may terminate your Service at
any time in our sole and absolute discretion if any charge to your credit card
is declined or reversed, your credit card expires and you have not provided us
with a valid replacement credit card or in case of any other non-payment of
account charges.
(b) Collection. If your Service is terminated, 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.
3.4 Termination; Discontinuance of Service. We reserve the right to
suspend or discontinue the Service generally, or to terminate your Service, at
any time in our sole and absolute discretion. If we discontinue the Service
generally, or terminate your Service without a stated reason, you will only be
responsible for charges accrued through the date of termination, including a
pro-rated portion of the final month's charges. If your Service is terminated
on account of your breach of any provision of this Agreement, you will be
responsible for the full month's charges to the end of the current term,
including, without limitation, unbilled charges, plus the termination fee, if
applicable, all of which will immediately become due and payable.
3.5 Taxes. You are responsible for all applicable federal, state,
provincial, municipal, local or other governmental sales, use, excise,
value-added, personal property, public utility or other taxes, fees or charges
now in force or enacted in the future, that arise from or as a result of your
subscription or use or payment for the Service or a Device. Such amounts are in
addition to payment for the Service or Devices and will be billed to your
credit card as set forth in this Agreement. If you are exempt from payment of
such taxes, you must provide us with an original certificate that satisfies
applicable legal requirements attesting to tax-exempt status. Tax exemption
will only apply from and after the date we receive such certificate.
3.6 Termination Fee. You will be charged a termination fee of RM150 per
voice line if your Service is terminated for any reason during the first six
months following the activation of your Service.
3.7 Money Back Guarantee; Limitations and Conditions. We offer a 30-day
money back guarantee from the date of activation of your service. The money back
guarantee applies only to the first-ordered line per account, not to additional
or secondary lines. We will refund the activation fee, the monthly charge for
the first month of Service and the termination fee provided that:
·
you have not exceeded 500 minutes of usage;
·
you cancel your Service within the applicable period;
·
you return the Device to us in original condition, normal wear
and tear excluded, within 7 days after the cancellation of your Service;
Federal
excise taxes and any other applicable taxes cannot be refunded. You will be
responsible for any charges for international usage, payphone calls to
OregonTel toll free numbers and directory assistance. We reserve the right to
terminate or revoke this money back guarantee at any time, without prior
notice.
3.8 Charges for Directory Calls (411). We will charge you RM4.00 for
each call made to OregonTel directory assistance.
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, including 999 Dialing, 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, 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, or 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, 999 Dialing) 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 OREGONTEL, 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 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, INCLUDING INABILITY
TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 999 DIALING SERVICE OR TO
OBTAIN EMERGENCY HELP. 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 OregonTel, 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,
including, without limitation, 999 Dialing, 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 on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS OF THE SERVICE OR 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 SERVICE WILL MEET CUSTOMER'S
REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE
SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND
DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER OREGONTEL
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 OREGONTEL'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE.
STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY
OREGONTEL OR OREGONTEL'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT
GIVEN AS A WARRANTY OF ANY KIND.
4.5 Device Warranties (Does Not Apply to Business Plus Customers).
(a) Limited Warranty. Except as set forth herein, if you received
the Device new from us and the Device included a limited warranty at the time
of receipt, you must refer to the separate limited warranty document provided
with the Device for information on the limitation and disclaimer of certain
warranties. Remedies for breach of any such warranties will be limited to those
expressly set forth in such documentation.
(b) No Warranty. If your Device did not include a limited warranty from
us at the time of receipt, you are accepting the Device "as is". You
are not entitled to replacement, repair or refund in the event of any defect.
(c) Residential Customer Limited Warranty. For residential customers, 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 Residential
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
Residential Customer handling. A Residential Customer's sole remedy for any
breach of this Residential Customer limited warranty is to obtain a repaired or
replacement Device, by following the return procedures set forth in Section
2.9. Residential Customer must include with the returned Device a letter
stating that the Residential Customer is returning the Device for warranty
repair or replacement and stating the nature of the defect. The Residential
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
Residential 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 RESIDENTIAL
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
4.6 No Third Party Beneficiaries. No provision of this Agreement
provides any person or entity not a party to this Agreement with any remedy,
claim, liability, reimbursement, or cause of action or creates any other third
party beneficiary rights.
4.7 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
terminate 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. MISCELLANEOUS
5.1 Governing Law. The Agreement and the relationship between you and us
is governed by the laws of the State of
5.2 Mandatory Arbitration and No Jury Trial. Any dispute or claim
between you, any member of your household or any guest or employee of you and
us arising out of or relating to the Service or Device will be resolved by
arbitration before a single arbitrator administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules. The arbitration
will take place in
5.3 No Waiver of Rights. Our failure to exercise or enforce any right or
provision of this Agreement will not constitute a waiver of such right or
provision.
5.4 Entire Agreement. This Agreement, including any future modifications
as may occur within the terms of the Agreement, and the rates for Services
found on our website constitute the entire agreement between you and OregonTel
and govern the use of the Service by you, members of your household, guests and
employees. This Agreement supersedes any prior agreements between you and
OregonTel and any and all prior or contemporaneous statements, understandings,
writings, commitments, or representations concerning its subject matter.
5.5 Severability. If any part of this Agreement is legally declared
invalid or unenforceable, all other parts of this Agreement will remain valid
and enforceable. Such invalidity or non-enforceability will not invalidate or
render unenforceable any other portion of this Agreement.
6. 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.OregonTel.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 Residential Customers in
connection with retail distribution, including, without limitation, any written
terms enclosed within the packaging of the Device.
7. PRIVACY
OregonTel Service utilizes, in whole or in part, the public Internet and third
party networks to transmit voice and other communications. OregonTel is not
liable for any lack of privacy which may be experienced with regard to the
Service. Please refer to our Privacy Policy at www.OregonTel.com for additional
information.
Last Updated: November 10, 2005 Copyright 2005 OregonTel Malaysia Sdn. Bhd.