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Terms of Service

Terms of Service and Software and License Agreements for magicJack, LP and YMAX Communications Corporation and magicJack VocalTec Ltd.

The magicJack and/or magicJack Plus device is brought to you by magicJack, LP, a limited partnership organized under the laws of Delaware. The magicJack APP software, magicTalk software and server access software and associated licenses are brought to you by magicJack VocalTec Ltd. (VocalTec). A Limited Company organized in the State of Israel. Before you begin using the magicJack and/or magicJack Plus device, magicJack APP, our servers and the associated software (the "Associated Software"), you must read and agree to these Terms of Service and the following terms and conditions and policies, including any future amendments (which we refer to collectively as the "Agreement"). For your convenience, we have written this Agreement in plain English. However, you agree that the terms should be interpreted broadly to protect the intention of the Agreement.

BY CHECKING THE BOX NEXT TO "I HAVE READ AND AGREE TO THE TERMS OF SERVICE" DURING REGISTRATION, OR BY ACTUALLY USING THE SERVICES, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND ABIDE BY THIS AGREEMENT, YOU MAY NOT USE THE MAGICJACK AND/OR MAGICJACK PLUS DEVICE, MAGICJACK APP AND/OR DOWNLOAD OR USE THE SOFTWARE. FURTHER, YOU MAY NOT USE THE MAGICJACK AND/OR MAGICJACK PLUS DEVICE, MAGICJACK APP AND/OR DOWNLOAD OR USE THE SOFTWARE AND MAY NOT ACCEPT THE TERMS IF (A) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MAGICJACK, LP, (MAGICJACK), YMAX COMMUNICATIONS CORPORATION (YMAX) MAGICJACK VOCALTEC LTD (VOCALTEC), OR (B) YOU ARE A PERSON BARRED FROM RECEIVING THE SOFTWARE OR SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER COUNTRIES INCLUDING THE COUNTRY IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE MAGICJACK AND/OR MAGICJACK PLUS DEVICE, MAGICJACK APP AND/OR DOWNLOAD OR USE THE SOFTWARE.

Although we may choose to notify you when changes are made to these Terms of Service, you should periodically review the most up-to-date version, which you can always find at http://www.magicJack.com/tos or by clicking on the Menu button on your softphone. magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd. may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by those modifications or revisions. Unless explicitly stated someplace else, any new features that may augment or enhance the magicJack and/or magicJack Plus device, magicJack APP and Software will also be subject to this Agreement.

This is an agreement between magicJack, LP, (magicJack), YMax Communications Corporation (YMax) magicJack VocalTec Ltd. (VocalTec) and you. Nothing in this Agreement will be deemed to confer any rights or benefits to anyone else.

1. Description of how the magicJack and/or magicJack Plus devices, magicJack APP and Software Works

The magicJack and/or magicJack Plus devices, magicJack APP, magicTalk and Associated Software enables a multimedia, feature rich service that will allow users access to a variety of exciting content and services. The magicJack and/or magicJack Plus devices, magicJack APP, magicTalk and Associated Software are flexible, simple, yet full of features and content for the Internet savvy consumer. There are several services that are available today using these products, and many features will follow. The number of features will continue to grow as the magicJack and/or magicJack Plus devices and magicJack APP and magicTalk become the premium devices and/or software for Internet users. Among other things, as described fully below, the magicJack and/or magicJack Plus devices, magicTalk and magicJack APP allows you to receive free in-bound communications from other magicJack and/or magicJack Plus device users and magicJack APP, and magicTalk users anywhere in the world while connected to the magicJack service. If you so choose, you may elect to use the magicJack and/or magicJack Plus devices and magicJack APP and magicTalk to make certain free out-bound communications to other magicJack and/or magicJack Plus device users and magicJack APP and other non-magicJack and/or magicJack Plus device users.

To enable your use of the magicJack and/or magicJack Plus devices, or magicJack APP or magicTalk you must first download the server access Software, magicJack Software, magicTalk and/or magicJack APP software. You may download the magicJack APP and magicTalk from the our magicPage at magicJack.com. Some enhanced features also require you to purchase the magicJack and/or magicJack Plus device or magicJack APP Preferred plan. In addition, you may need a computer running Microsoft® Windows (XP, Vista, 7) or Intel-based Mac® with a high speed Internet connection and, if you purchase the magicJack and/or magicJack Plus devices, you may need an available USB port. Bear in mind that the magicJack and/or magicJack Plus devices, magicJack APP and/or the Associated Software may be dependent on these requirements and the failure of one may prevent the magicJack and/or magicJack Plus devices, magicJack APP and/or the Software from working. We cannot guarantee that the magicJack and/or magicJack Plus devices, magicTalk or magicJack APP will always function without disruptions, delay or other imperfections. There may be power outages or Internet service disruptions and you may experience other disruptions unrelated to the magicJack and/or magicJack Plus devices or magicJack APP, which will interfere with the quality of your communication. When not plugged into the computer, the magicJack Plus devices do not offer the capability to lower or raise the volume and we suggest if the user wants to adjust their volume, they do so on their telephone if available. The user may also plug magicJack PLUS into their computer and have an added way to control their volume besides their phone. Although once you have purchased a magicJack and/or magicJack Plus device, magicJack APP or downloaded the Associated Software, use of the magicJack and/or magicJack Plus device, magicJack APP and/or the associated Software can be downloaded, you are responsible for getting the things you need to make the magicJack and/or magicJack Plus device, magicTalk and/or magicJack APP work, and that may involve third-party fees (such as Internet service provider or Internet airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for any additional equipment necessary (such as a smart phone, communications adaptor or a headset), to use the magicJack and/or magicJack Plus device, magicJack APP or the Associated Software. The magicJack and/or magicJack Plus device, magicJack APP. magicTalk and Associated Software may not be compatible with non-voice communications equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems, or computer modems.

The goods and services offered through magicJack, LP, magicJack VocalTec Ltd. and YMax Communications Corporation provide a multimedia experience, which includes a voice over Internet information service feature. It is not a telecommunications service and is subject to different regulatory treatment from telecommunications services.

2. Ownership and Risk of Loss of magicJack and/or magicJack Plus device

You will own the magicJack and/or magicJack Plus device, but not the Associated Software used with the device or magicJack APP, which is licensed to you under this Agreement for a certain term of six months to five years depending on what came free with your purchase and/or you selected and paid for, and bear all risk of loss of, theft of, casualty to or damage to the magicJack and/or magicJack Plus device, from the time it is shipped until the time (if any) when it is returned to us in accordance with this Agreement, or the warranty covering the magicJack and/or magicJack Plus device, if any, expires. If, within 30 days of placing your order for the magicJack and/or magicJack Plus device directly from our website, you are not satisfied with your magicJack and/or magicJack Plus device you may either return it to us for a full refund of the purchase price, minus shipping and handling, or exchange it for a new device. The full refund or exchange offer is applicable only to the purchase of your first magicJack and/or magicJack Plus device. In order to receive a refund or exchange you must request and receive a magicJack RMA number by e-mail and the magicJack and/or magicJack Plus device must be returned in its original packaging, be accompanied by proof of purchase and you must pay the expenses of shipping. Request your RMA here http://my.magicJack.com/returns.html. You will receive your refund or your new device within a reasonable time frame from the time we receive your package; which is approximately 14 days for an exchange and 45 days for a refund. If you purchased the magicJack and/or magicJack Plus device from one of our authorized agents, please contact the distributor or retailer directly to learn about their refund policy.

3. Internet Communications Feature

a) Incoming Calls:

When you first register, as part of the available features, you may elect to choose a unique phone number, which will allow you to receive free phone calls over the Internet, an annual fee may apply. The phone number chosen will be allocated provided we determine that it is legally permissible. If you are eligible for a phone number, it will be allocated to you as soon as reasonably possible after we have received your request. YMAX Communications Corporation may be the provider of your phone number and/or inbound calls. magicJack LP, YMax Communications Corporation and/or magicJack VocalTec Ltd. may use customized ringtones or ring back when completing your calls, including supplying various messages of different lengths. Improperly routed calls and/or with incomplete call streams may not be delivered. We do not guarantee that a requested phone number can be allocated to you or that you can make use of the incoming call feature. The allocation of a phone number to you does not constitute any transfer of title, ownership, license or other rights with regard to the phone number; if you transfer or port out your phone number your service is terminated and you relinquish all claims for a refund of your initial licensing period as well as any renewal licensing purchased. We may, without any liability, refuse, change or terminate any phone number at anytime. If we change the phone number that has been allocated to you, we will notify you, stating the effective date of the change and your new phone number. If you do not wish to accept this new phone number, you are entitled to cancel this Agreement; however, you will not be eligible for any refund unless you terminate the Agreement within 30 days of purchase of the magicJack and/or magicJack Plus device and qualify for a refund as further described in Section 2 of this Agreement. We will not be liable for any damages resulting from the change of the phone number.

b) Outgoing Calls:

Once you have registered your magicJack and/or magicJack Plus device, or magicJack APP, you have agreed to these Terms of Service. You may now elect to choose the feature allowing you to make free outgoing calls over the Internet. You can make free calls to other magicJack and/or magicJack Plus, magicTalk and magicJack APP users located anywhere in the world, and to subscribers on traditional telephone networks or wireless networks in the United States. YMAX Communications Corporation may be the provider of outbound calling services to subscribers on traditional telephone or wireless networks in the United States, or for toll free calls, and/or for international calls. magicJack LP, YMax Communications Corporation and/or magicJack VocalTec Ltd. may supply various messages of different lengths before your call is completed. Some restrictions in cost prohibitive areas may apply. You will not have the ability to call any number that would require the addition of any charges to your phone bill, such as 900 or 976 numbers or any other "fee per call" type service. Calls of long duration may be terminated to make sure the integrity of the network is kept intact, which would prevent abandoned calls.

4. What Is Free and What is Not:

The magicJack and/or magicJack Plus device, magicTalk or magicJack APP allows you to receive for free incoming calls using the phone number you have chosen. If you choose outgoing service, the magicJack and/or magicJack Plus device, magicTalk or magicJack APP allows you to make free outgoing calls to other magicJack/magicJack Plus/magicTalk/magicJack APP users located anywhere in the world, and to subscribers on traditional telephone networks or cellular networks in the United States and Canada. We may require prepaid purchase and/or we may charge you for calls to conference lines, platforms and certain high cost calls, or any call wherein we incur a cost from another carrier. We may provide for a fee, premium prepaid services, which may be powered by YMAX Communications Corp. (YMAX), and may include some inbound, international, conference, platform and outbound calls that receive a recording and certain calls to high cost areas, and the rates for those services will be governed by listed price lists or tariffs. Charges may apply to use the call forwarding feature, if available. International calling purchases expire six months after purchase. magicJack, YMAX Communications Corp. (YMAX), and/or Vocal Tec may make available to you, for an additional fee, enhanced versions of the magicJack and/or magicJack Plus device, magicTalk or magicJack APP Associated Software (Upgraded Software) that provide new features and functions. magicJack APP has a Basic plan which is free and a Preferred plan which is not. magicJack APP Basic provides you with a software license that enables calls to other magicJack and magicJack APP users around the world and other certain calls while magicJack APP Preferred, which is available for some downloaded products, also provides you with a server access license.

5. Emergency calls:

Please read carefully and understand the difference between magicJack and/or magicJack Plus device, and magicJack APP.

magicJack APP does not provide any emergency calling capability.

magicJack APP - No Emergency Calls. magicJack APP does NOT support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind. magicJack APP is not a traditional telephone service or a replacement for your primary telephone service. There are important differences between traditional telephone services and the magicJack APP Software and products. You need to make additional arrangements in order to access emergency services. It is your responsibility to use the wireless 911 feature of your smart phone or purchase, elsewhere, traditional wireless or fixed line telephone services that offer access to emergency services. It is Your responsibility to inform all users that may use the magicJack APP software that you have downloaded, that it is not possible to support or carry emergency calls using the magicJack APP Software and products, and that they may access emergency services via the additional arrangements that You have made available.

magicJack and/or magicJack Plus device may offer all for a fee - The services are not traditional telephone services, so we are not required to provide you with access to emergency 911, E911, or similar access to emergency services. However, when you register to use the magicJack and/or magicJack Plus device, you may enroll in 911 service, if you register a United States 911 address for United States telephone numbers and/or a Canadian 911 address for Canadian telephone numbers. magicJack, LP, may take commercially reasonable steps to provide you with emergency service calling only for those registered 911 addresses, if you are even provided 911 service.In most instances you must pay for 911 services on an annual basis. This requires your cooperation. You must give us a valid 911 address in your my.magicJack account in order for 911 to be called. You must update this address whenever you change the location from which you place your calls. You agree that each and every time you change the physical location of where you are using the magicJack and/or magicJack Plus device, you will update the Emergency Services record at my.magicJack.com and provide the new address where you are using the magicJack and/or magicJack Plus device. If you fail to do so, delete 911 Service will not work. Your 911 service may take up to one week to work after registration.

You understand and agree that the 911 emergency dialing feature may be provided to you as a convenience. In the event you choose to use the same phone number for two or more magicJack and/or magicJack Plus devices, you will not have 911 emergency dialing on any magicJack other then possibly the first one registered with the phone number. magicJack, LP, YMAX Communications Corporation, and/or magicJack VocalTec Ltd. will not be liable for any damages resulting from any call made using the emergency dialing feature. You understand that the 911 service will not work in certain circumstances, including, but not limited to: when you relocate your computer or magicJack and/or magicJack Plus device to a new physical location different than the one you registered with us; if you experience broadband connection failure; if you experience loss of electrical power at your location; if delays occur in the system making updates of your registered physical location. You assume the risk that you may not obtain emergency service when you use the 911 emergency dialing feature. You should always have an alternative means of accessing 911 or similar emergency services such as a landline or mobile telephone. It is your responsibility to inform others who use your magicJack and/or magicJack Plus device to make phone calls that they should be prepared to access the 911 emergency numbers through a traditional landline or mobile telephone.

6. Proper Use:

You agree that you are responsible for your own communications and for any consequences that arise from them. You agree that you will use the magicJack and/or magicJack Plus device, magicTalk and magicJack APP in compliance with all applicable local, state, national, and international laws, rules and regulations and you may have to pay certain taxes or fees or surcharges. Among other things you will not agree to, and will not authorize or encourage any third party to: (a) prevent others from using their magicJack and/or magicJack Plus devices, magicTalk and/or magicJack APP (b) use the magicJack and/or magicJack Plus device or magicJack APP for any fraudulent or inappropriate purpose, or (c) remove any copyright, trademark or other proprietary rights notices contained in or on the magicJack and/or magicJack Plus device, magicTalk and/or magicJack APP, including those of any of our business associates, from whom we may have licensed certain components used in the magicJack and/or magicJack Plus device, magicTalk and/or magicJack APP. Violation of any of these obligations may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. magicJack, LP, YMax Communications Corp and/or VocalTec reserves the right, but will have no obligation, to investigate your use of the magicJack and/or magicJack Plus device and/or magicJack APP in order (a) to determine whether a violation of the Agreement has occurred or (b) to comply with any applicable law, regulation, legal process or governmental request. magicJack, LP,and/or magicJack VocalTec Ltd., and/or YMax Communications Corporation reserves the right to block calls to numbers that abuse its services such as, but not limited to, traffic stimulation numbers. If magicJack, LP and/or magicJack VocalTec Ltd., and/or YMax Communications Corporation sees excessive use, including but not limited to, a customer whose usage is twenty (20) times more than the average magicJack and/or magicJack Plus device or magicJack APP customer usage, or a customer who calls more than 50 different telephone numbers per day, or a customer who forwards calls from their magicJack and/or magicJack PLUS device and/or magicJack APP to a non-magicJack number for longer than a two week consecutive period, or systematic or intentional misuse, it reserves the right, in our sole discretion, to terminate your use of the magicJack and/or magicJack Plus device and/or Software and/or magicJack APP immediately, and you will not be entitled to get a refund of any licensing fee or any other fee you may have paid to us. We reserve the right to reclaim any telephone number that does not make a call for a consecutive 90 days. In the event that we reclaim a phone number and your software license is still active, you may choose another phone number.

7. No Resale:

Unless expressly authorized in writing by magicJack, LP and/or magicJack VocalTec Ltd., and/or YMax Communications Corporation, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any purposes any portion of the magicJack and/or magicJack Plus device, magicJack APP or the Software.

8. License:

magicJack, LP grants you a personal, non-transferable and non-exclusive right and license to use the magicJack and/or magicJack Plus device and Associated Software on the device or your computer and magicJack VocalTec Ltd. grants you a personal, non-transferable and non-exclusive right and license to use magicTalk, magicJack APP, access license and/or Associated Software on your smartphone, computer or other digital device; provided that you do not (and do not allow anyone else to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise, except as provided in Item 6 . Resale or Transfer above, transfer any right of the magicJack and/or magicJack Plus device, magicTalk, and magicJack APP and Associated Software. The initial term of the license for the magicJack Plus and the premium plan for magicTalk and the magicJack APP is for six months and may be renewed by visiting magicJack.com/myaccount upon the sixth month anniversary of the purchase of your magicJack and/ormagicJack Plus device, premium plan for magicTalk or the magicJack APP. and/or Associated Software order or purchase (for an additional fee(s) from time to time in effect) for additional terms. You must start your six month free service within one month of buying the product. If you do not renew your license within sixty days of expiration, we may revoke the phone number, at our sole discretion, and your magicJack and/or magicJack Plus device, magicTalk and magicJack Premium plan may be deemed obsolete or non-renewable. You agree not to modify the Associated Software or magicJack APP in any manner or form, or to use modified versions of the Associated Software, including for the purpose of obtaining unauthorized access to the magicJack and/or magicJack Plus device or magicJack APP. You agree not to access the magicJack and/or magicJack Plus device and/or YMAX Communications Corporation services, magicTalk or magicJack APP by any means other than through the Associated Software and the magicJack and/or magicJack Plus device, magicTalk and/or magicJack APP.*

9. Payment:

Use of the magicJack and/or magicJack Plus device and/or magicJack APP may be free. Your purchase of the magicJack and/or magicJack Plus device or download of magicJack APP and registration of the magicJack and/or magicJack Plus device, magicTalk and/or magicJack APP gives you a license to use the magicJack and/or magicJack Plus device and the Associated Software and/or magicTalk and magicJack APP for six months. To continue using the magicJack and/or magicJack Plus device and the associated Software and/or magicTalk and magicJack APP premium plans after the end of the initial six month term, you must renew your Software access license for additional one-year terms at magicJack, LP or magicJack VocalTec Ltd.'s (if you have chosen a magicTalk or magicJack APP Premium plan or any plan that requires payment) then applicable license fee. Failure to renew your registration after the end of the initial term or any renewal term and/or notification of a dispute for prior charges, may result in immediate termination of your license and access to any magicJack, magicJack APP or YMax feature, subject to magicJack, LP or magicJack VocalTec Ltd..s sole discretion. If you are terminated, you may not be able to use the magicJack and/or magicJack Plus device or magicJack APP premium features and your right to use any phone number allocated to you will be canceled. Furthermore, if you delay registration and renew your registration after the expiration of your license, but before sixty days after expiration, your new term will begin as of the expiration date and will continue only up to the anniversary of that expiration date. If you delay registration and renew after sixty days, your new term will begin on date of registration and you may not have access to any phone number you had previously. For your convenience, magicJack, LP uses an auto-renewal program. The form of payment you have on file may be automatically charged for the prevailing renewal fee. We may receive and/or request automatic updates of your account information from the financial institution that issued your form of payment on file in order to keep your payment information current.

You can elect to disable this auto renew feature at any time by going to http://my.magicJack.com/autorenew. magicJack, LP offers a thirty-day refund for the magicJack and/or magicJack Plus device. You agree to be responsible for any applicable taxes, fees, or charges, now in force or enacted in the future in connection with the license and your use of the magicJack and/or magicJack Plus device, magicJack APP and YMax services.

10. Privacy Policy:

Your registration data and certain other information about you are subject to our TOS. You understand that by using the magicJack and/or magicJack Plus device and/ or magicTalk and magicJack APP you consent to magicJack, LP and magicJack VocalTec Ltd.'s, and YMax Communications Corporation collection and use as set forth in the Terms of Service, including the transfer of this information to and from the United States and/or other countries for storage, processing and use by magicJack, LP and/or magicJack VocalTec Ltd., and/or YMax Communications Corporation, its affiliates and business partners to provide information about communications-related service and may enable and make better use of certain products and services.

You acknowledge, consent and agree that magicJack LP, magicJack VocalTec Ltd. and/or YMax Communications Corporation may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of magicJack, magicJack APP its users and the public.

You understand that the technical processing and transmission of the magicJack and/or magicJack Plus device, magicTalk and` magicJack APP may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

11. Advertisements:

You also understand and agree that use of the magicJack and/or magicJack Plus device, magicJack APP and Software will include advertisements. Advertisements will be served through the magicPage. Software or the magicJack/magicJack Plus or magicJack APP softphone - the software/softphone attempts to serve local advertisements and classifieds using a completely automated process that enables us to effectively target dynamically changing content. Our computers may analyze the phone numbers you call and your registration information in order to improve the relevance of the ads. We do not provide any personal information to our advertisers or third parties. magicJack VocalTec Ltd. and its subsidiaries have a policy of restricting advertisers that it believes are inappropriate, but it does not guarantee the accuracy or integrity of any advertisers and does not endorse any of the advertisements that may appear in connection with use of the magicJack and/or magicJack Plus device or magicJack APP. You also understand and agree that use of the magicJack and/or magicJack Plus device, magicTalk, magicJack APP and Associated Software may include certain communications, including but not limited to service announcements, administrative messages and newsletters, and you will not be able to opt out of receiving them.

12. Indemnification:

You agree to hold harmless and indemnify magicJack VocalTec Ltd. and their subsidiaries, affiliates, officers, agents, employees, partners and licensors, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating in any way to, your use of the magicJack and/or magicJack Plus device and/or YMax services and/ magicTalk/or magicJack APP (including but not limited to the cancellation, absence, failure or outage of the magicJack and/or magicJack Plus device. magicTalk and/or magicJack APP, including specifically any claims arising out of the failure to complete emergency service calls). In such a case, magicJack, LP and/or magicJack VocalTec Ltd., and/or YMax Communications Corporation will provide you with written notice of such claim, suit or action.

13. Modification:

magicJack, LP and/or magicJack VocalTec, Ltd. reserve the right to modify or discontinue the magicJack and/or magicJack Plus device, magicTalk, magicJack APP and Associated Software, temporarily or permanently, with or without notice to you. YMax reserves the right to modify or discontinue its services, temporarily or permanently, with or without notice to you. We will not be liable to you or anyone else in the event that we exercise our right to modify or discontinue the magicJack and/or magicJack Plus device, magicJack APP, magicTalk or Associated Software and/or YMax services.

14. Termination:

You agree that magicJack, LP and/or YMax Communications and/or magicJack VocalTec Ltd., in its sole discretion, may immediately terminate this Agreement and your license to use the magicJack and/or magicJack Plus device, magicTalk, magicJack APP and Associated Software and/or YMax services, without any refund. magicJack, LP and/or YMax, and/or magicJack VocalTec Ltd. may terminate this Agreement for any reason, including, but not limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems, (d) use of the magicJack and/or magicJack Plus device, magicTalk, magicJack APP or Associated Software or YMax services in violation of any laws, regulations, or rules, or in any manner that disrupts use of YMax services or the magicJack and/or magicJack Plus device, magicJack APP or Software by others, or (e) nonpayment of any fees, including license renewal fees, owed by you in connection with the magicJack Software or magicJack APP, (f) changes in any rules or regulations that affect our ability to provide the magicJack and/or magicJack Plus device, magicTalk, magicJack APP or the Associated Software or YMax services. Termination of your license includes cancellation of your ability to use the magicJack and/or magicJack Plus device, magicJack APP and the Software, without refund and deletion of all related account information associated with or inside your account. Further, you agree that any termination of this Agreement will be made in magicJack LP's and/or YMax Communication Corporation's and/or magicJack VocalTec Ltd.'s sole discretion and that neither magicJack, LP nor YMax Communications Corporations nor magicJack VocalTec, Ltd. nor any of its agents or affiliates will be liable to you or anybody else for termination of your license or this Agreement. We may offer Vanity, Canadian and/or custom numbers for an annual fee. These numbers are non transferable. We have the right to revoke your usage of the phone number assigned to you at any time and for any reason. If a number is transferred, the magicJack and/or magicJack Plus license or Premium magicTalk or magicJack APP license will be terminated.

You may terminate the use of the magicJack and/or magicJack Plus device or magicJack APP at any time. Remaining balances will not be refunded.

All provisions that must survive in order to give effect to their meaning will survive any expiration or termination of this Agreement, including without limitation, all of your representations, warranties and indemnification obligations.

15. Intellectual Property Rights:

You acknowledge and agree that the magicJack and/or magicJack Plus device, magicJack APP, magicTalk and Associated Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service, or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by magicJack, LP, or magicJack VocalTec, Ltd. you agree not to reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the magicJack and/or magicJack Plus device, magicTalk, magicJack APP or the Associated Software, in whole or in part.

16. No Warranties:

YMax services and magicJack APP and the magicJack and/or magicJack Plus device and software are provided "as is", without any warranties of any kind, whether expressed or implied, including, but not limited to, warranties of quality, performance, non-infringement, merchantability, or fitness for use or a particular purpose.

magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd. make no warranty regarding the 911 emergency dialing feature that may be provided on the magicJack and/or magicJack Plus device. All calls made using the 911 emergency dialing feature are made at the caller's risk.

There are no available emergency calling features through magicTalk or the magicJack APP.

magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd. make no warranty as to the completion, clarity, or overall quality of any particular call made using the service. magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd. make no warranty that any errors in the software will be corrected.

magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd. make no warranty about the quality of any products, services, information, or that other material purchased or obtained by you through the service will meet your expectations. Any content downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.

magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd. make no warranty about the availability of the offered services during power or other outages and other conditions outside of their control and undertake no obligation to inform user of the magicJack and/or magicJack Plus device, magicTalk, magicJack APP or the Associated Software of such outages.

No advice or information, whether oral or written, obtained by you from magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd. or through or from the service shall create any warranty not expressly stated in this agreement.

17. Limitation of Liability:

magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd can only be held liable for direct damages resulting from failure to perform its obligations under this Agreement. In this respect, direct damages means the amount you actually paid for the magicJack and/or magicJack Plus device, magicTalk or magicJack APP and Software license during the year in which such damages occur. To the maximum extent permitted by applicable law, magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd. will not be liable for any indirect, special, incidental or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for loss of privacy, or divulgence of sensitive and confidential information arising out of or in any way related to the use of or inability to use the magicJack and/or magicJack Plus device, magicJack APP or Software or Live Agent (Tech Chat), even if magicJack has been advised of the possibility of such damages.

Some jurisdictions do not allow some of the exclusions or limitations as established above, so they may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.

18. Export/Import:

You agree to comply with all export and import laws and restrictions and regulations of the United States and foreign countries, and not to export, re-export or import the magicJack and/or magicJack Plus device, magicTalk, magicJack APP or Associated Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary authorizations. Neither the magicJack and/or magicJack Plus device, magicTalk, magicJack APP or the Associated Software, nor the underlying information or technology may be downloaded or otherwise exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to U.S. trade sanctions applicable to the magicJack and/or magicJack Plus device, magicTalk, magicJack APP or Associated Software, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to any named party or individual on the United States Department of Treasury, Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, and/or the United States Department of Commerce, Bureau of Export Administration Denied Persons List or Entity List. You acknowledge that the Software contains encryption technology, the export of which is restricted by the United States and certain foreign laws. By downloading magicTalk or the magicJack APP or the Associated Software or using the magicJack and/or magicJack Plus device and Associated Software you agree to this section and represent and warrant that you comply with these conditions.

19. Automatic Updates:

The magicJack and/or magicJack Plus device, magicTalk, magicJack APP and/or Associated Software may communicate with magicJack's, YMax's, and VocalTec's servers to check for available updates to the Software and/or magicPage., and/or magicTalk and magicJack APP including bug fixes, patches, missing plug-ins and new versions (collectively, "Updates"), however magicJack, YMax and VocalTec have no obligation to provide you with such Updates and we do so solely at our option. Updates do not include access to the Upgraded Software described in Section 5 above. To ensure that you have the most recent updates for the Software you should periodically visit http://www.magicJack.com to check for updates. magicJack, LP, YMax and VocalTec, Ltd. may send and access the magicJack and/or magicJack Plus magicTalk or magicJack APP cookies on your computer. A "cookie" is a small file containing information about you that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize such things as your browser, user preferences and other information to optimize the performance of the magicJack, magicJack Plus, magicTalk and/or magicJack APP. During the Update process, the Associated Software may send to magicJack,LP, YMax and VocalTec, Ltd. or thier partners a request for the latest Software version. By installing the magicJack and/or magicJack Plus device, magicTalk and/or magicJack APP Associated Software, you hereby agree to allow magicJack LP, YMax and VocalTec, Ltd. the option to automatically provide Updates from magicJackLP, YMax and VocalTec, Ltd. and/or their partners' servers.

20. Representations and Warranties:

You represent and warrant that (a) all of the information provided by you to magicJack, YMax and VocalTec to use the magicJack and/or magicJack Plus device, magicTalk,, magicJack APP and Associated Software is correct and current; (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder; and (c) you are at least 18-years-old.

21. Entire Agreement:

This Agreement is the entire agreement between you and magicJack, LP and YMax and VocalTec, Ltd. and governs your use of the magicJack and/or magicJack Plus device, magicTalk magicJack APP and Associated Software and items and/or services which may be provided by YMax, it trumps any prior agreements between you and magicJack, LP and/or VocalTec, Ltd and/or YMax. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other magicJack, magicJack Plus, magicTalk or magicJack APP services, affiliate services, third-party content or third-party software.

22. Waiver and Severability of Terms:

Even if magicJack, LP and/or YMax and/or VocalTec, Ltd. do not exercise or enforce any or all of its rights or any provision of this Agreement it does not mean that we waive the right or provision, and we may still enforce those rights and provisions later. If any provision of this Agreement is found by any court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

23. Statute of Limitations:

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the magicJack and/or magicJack Plus device, magicTalk. magicJack APP or Associated Software or services of this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

24. Mandatory Binding Arbitration; Forum:

magicJack LP, YMAX, VocalTec, Ltd. and you agree to arbitrate all disputes and claims between us. You agree that, by entering into this Agreement, you and magicJack LP, YMAX, and VocalTec, Ltd. are each waiving the right to a trial by jury or to participate in a class action. The arbitration shall be administered in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association, as modified by this Agreement. Any matter to be settled by arbitration shall be submitted to the American Arbitration Association in Palm Beach, Florida, and you consent to binding arbitration in Palm Beach, Florida.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The individual party may recover damages and attorneys. fees, if authorized by the law governing his claim, to the same extent the individual party would be entitled to recover in court.

YOU AND MAGICJACK LP, YMAX, AND VOCALTEC, Ltd. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless all parties to the arbitration agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

This agreement to arbitrate is intended to be broadly interpreted and shall survive termination of this Agreement.

25. Five-Year Warranty or Two-Year Warranty:

magicJack may (but shall not be required to), offer for purchase, from time to time, a Five-Year Warranty or a Two-Year Warranty for the magicJack or magicJack Plus. This Five-Year Warranty or a Two-Year Warranty is limited and warrants that for a period of five (5) or two (2) years respectively from the purchase of the magicJack and/or magicJack Plus, the magicJack or magicJack Plus Hardware shall be free of defects in material and workmanship under normal authorized use consistent with the product instructions. This product warranty extends only to the original purchaser. In the event that magicJack receives notice during the warranty period that any Hardware does not conform to its warranty, Customer's sole and exclusive remedy, and magicJack's sole and exclusive liability, shall be for magicJack, at its sole option, to either repair or replace the non-conforming Hardware or refund the purchase price in accordance with this limited warranty. Hardware replaced under the terms of any such warranty may be refurbished or new equipment substituted at the option of magicJack. Actual delivery times may vary depending on the customer location. As a condition precedent to the Five year Warranty or the Two-Year Warranty, the end user must: 1. Obtain a return material authorization (RMA), which will include an RMA number (available at the magicJack website). Returns without an RMA number may be rejected by magicJack. 2. Ship the items being returned to magicJack, freight prepaid, together with a written description of the claimed defect. 3. Pack the items being returned in the original packing carton and with the original proof of purchase. 4. Pay for shipping and handling fees for the shipping of the replacement magicJack and/or magicJack Plus.

26. Insurance Plan:

magicJack may (but shall not be required to), offer for purchase, from time to time, a Replacement Insurance plan for the magicJack and/or magicJack Plus. This Replacement Insurance plan is limited and insures your originally purchased magicJack or magicJack Plus for one full year from date of purchase and will auto-renew one day before the anniversary of its initial purchase. This product warranty extends only to the original purchaser. In the event that magicJack receives notice during the insurance period that any Hardware does not conform to its warranty, Customer's sole and exclusive remedy, and magicJack's sole and exclusive liability, shall be for magicJack, at its sole option, to either repair or replace the Hardware or refund the purchase price in accordance with this limited warranty. Hardware replaced under the terms of any such warranty may be refurbished or new equipment substituted at the option of magicJack. Actual delivery times may vary depending on the customer location. As a condition precedent to the One Year Replacement Insurance plan, the end user must: 1. Obtain a return material authorization (RMA), which will include an RMA number (available at the magicJack website). Returns without an RMA number may be rejected by magicJack. 2. Ship the items being returned to magicJack, freight prepaid, together with a written description of the reason for replacement request. 3. Pack the items being returned in the original packing carton and with the original proof of purchase. 4. Pay for shipping and handling fees for the shipping of the replacement magicJack.

27. Lifetime Warranty:

magicJack may (but shall not be required to), offer for purchase, from time to time, a Lifetime Warranty for the magicJack and/or magicJack Plus. This Lifetime Warranty is limited and insures your originally purchased magicJack or magicJack Plus. This product warranty extends only to the original purchaser and only if the device subscription is active. In the event that magicJack receives notice that any Hardware does not conform to its warranty, Customer's sole and exclusive remedy, and magicJack's sole and exclusive liability, shall be for magicJack, at its sole option, to either repair or replace the Hardware or refund the purchase price in accordance with this limited warranty. Hardware replaced under the terms of any such warranty may be refurbished or new equipment substituted at the option of magicJack. Actual delivery times may vary depending on the customer location. As a condition precedent to the One Year Replacement Insurance plan, the end user must: 1. Obtain a return material authorization (RMA), which will include an RMA number (available at the magicJack website). Returns without an RMA number may be rejected by magicJack. 2. Ship the items being returned to magicJack, freight prepaid, together with a written description of the reason for replacement request. 3. Pack the items being returned in the original packing carton and with the original proof of purchase. 4. Pay for shipping and handling fees for the shipping of the replacement magicJack.