Terms & Conditions
MyPhoneSite.com Term and Services Member Agreement. This legal agreement
binds you and MyPhoneSite.com, to all of the terms listed herein. Website
Owners, Operators, and Group Owners who enter into the MyPhoneSite.com Term and
Services Member Agreement will be referred to as "MPS Operators." Website
visitors that join and use MPS services for entertainment usage and who enter
into the MyPhoneSite.com Term and Services Member Agreement will be referred to
as "MPS Customers." *The MyPhoneSite.com Term and Services Member Agreement can
be changed at anytime without prior notification. Please keep up to date
regarding recent changes to our policies.
The policies, terms and conditions below limit MyPhoneSite.com's liability and obligations to you and allow MyPhoneSite.com to change, suspend or terminate your access to and use of our website and services. We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the Site. To the extent that there are any conflicts between the terms or conditions in such related policies and this Member Agreement, the terms and conditions of the Member Agreement shall govern.
Abuse and Hacking: Any abuse, such as using proxy IP address's, fake e-mail
address's, registering multiple times, using multiple phone numbers to connect
to yourself or an operator you know on the network, or any other exploit or
abuse on our network will result in a $10,000.00 fine and felony hacking
charges. If we find any evidence we will work through our legal representative
and pursue felony charges against you. By registering as a customer, website
owner, operator, affiliate, or group owner you state full agreement to these
MyPhoneSite.com Trademark: MyPhoneSite.com is a registered trademark of my Phone Site, LLC. This includes all modules and the concept of MPS.
MyPhoneSite.com Copyright: Copyright 2010-2018 MyPhoneSite.com My Phone Site, LLC. The copyright in this website and the material on this website (including without limitation the text, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by MyPhoneSite.com. All development is unique and exclusive.
Refund Policy: MPS offers refunds for the following events:
Your call was not connected and you did not speak with an operator.
Your credit card was used by an unauthorized person. Please note that we will forward the matter to the proper authorities.
The operator was rude, unprofessional, or not the person you were trying to contact with. In this event ONLY the time you spoke will be refunded.
You will billed more than the actual time on the phone. We will first review all calls logs to verify.
Your credit card was billed more than the actual amount of deposit.
You deposited money that you never used.
If you have any questions regarding our refund policy please contact us at firstname.lastname@example.org
Call recording is not permitted. Customers are not authorized to record calls with operators on MPS. Calls between operators and customers are 100% private - this is are guarantee. Any caller that records a call is subject to legal action.
Chargeback Policy with MyPhoneSite.com
If you determine that the charges to your credit card are not authorized by you it is important that you contact us immediately so we can investigate and block the credit card. Any unauthorized charge to your card MUST be reported to us at email@example.com prior to contacting your bank and issuing a chargeback. In the event that we determine that you did authorize the charges and are trying to defraud our company you will be liable for all damages. This includes, but is not limited to a $40.00 fee per chargeback incident.
By using our services you agree and are bound to the terms.
1. MyPhoneSite.com offers limited eligibility MPS Operators.
MyPhoneSite.com website and services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law.
MPS may require proof of age such as a government issued photo ID.
2. MyPhoneSite.com MPS Operators speak to MPS Customers at their own risk.
(a) MyPhoneSite.com does not evaluate, provide, produce or control information or exchanges between Customers. MyPhoneSite.com does not itself provide any information, entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any Customer. Further, MyPhoneSite.com does not make editorial or managerial decisions concerning content, sexually explicit or otherwise. Nor will MyPhoneSite.com be held responsible for any MPS Operator's failure to comply with laws or regulations concerning the content of listings. Instead, MyPhoneSite.com acts as a technology service that allows MPS Customers to share information, entertainment services or other products or services among themselves. Although MyPhoneSite.com helps its Members connect with each other, it does not monitor the advice exchanged, and, as a result, MyPhoneSite.com does not control, nor is responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by MPS Customers, including without limitation any information contained in MPS Operator listings or made available through this Site. MyPhoneSite.com is not intended for use as a payment service to exchange goods. MyPhoneSite.com is not responsible for use or exchange of any information, files or goods between MPS Customers and MPS Operators. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using MyPhoneSite.com, in evaluating the qualifications of, and statements made by, MPS Customers in listings or through the MPS Customer feedback system, and in disclosing personal information to other MPS Operators or MPS Customers. MyPhoneSite.com recommends that you do not disclose personal contact information to MPS Customers. If you do, you do so at your own risk. MyPhoneSite.com assumes no responsibility for monitoring any MPS Customer feedback or otherwise policing its MPS Customers in any way. If you ever believe that a Member has violated the law or is defrauding, threatening or endangering anyone, MyPhoneSite.com urges you immediately to contact the police directly for help. In addition MyPhoneSite.com does not recommend or encourage MPS Customers to use MyPhoneSite.com to solicit other MPS Customers to meet in person.
(c) If you have a dispute with another MPS Operator or MPS Customer, or suffer any harm arising out of or connected with any MyPhoneSite.com services, you hereby waive all claims against and release MyPhoneSite.com (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any service provided by MyPhoneSite.com or with regard to such disputes.
3. MyPhoneSite.com may modify this Member Agreement, or suspend or terminate your use of the Site, at any time without notice to you.
(a) MyPhoneSite.com reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. If any modification is not acceptable to you, your only recourse is to cease using MyPhoneSite.com. By continuing to use MyPhoneSite.com following any posting of a new Member Agreement or policies on the Site, you accept and agree to be bound by the new Member Agreement or policies.
(b) Without limiting other remedies, MyPhoneSite.com may at any time suspend or terminate your MPS Operator or MPS Customer account and refuse to provide access to the Site without reason or notice to you. In addition, MyPhoneSite.com may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if MyPhoneSite.com suspects that you have failed to comply with any provision of this Member Agreement or any policies or rules established by MyPhoneSite.com; (ii) if MyPhoneSite.com is unable to verify or authenticate of any billing or payment information you provide to MyPhoneSite.com; or (iii) if MyPhoneSite.com suspects that your actions may be illegal or cause liability, harm or disruption for you, other MPS Operators or MPS Customers, or MyPhoneSite.com.
4. MyPhoneSite.com provides website and listing services to MPS Operators.
MyPhoneSite.com acts only as an interface to facilitate communications initiated between MPS Operators or MPS Customers. As a MPS Operator, you are not an employee, agent or contractor of MyPhoneSite.com, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use MyPhoneSite.com, and for reporting and payment of all taxes associated with fees transferred to you by MyPhoneSite.com.
5. You are solely responsible for your activities on MyPhoneSite.com under your MPS Operator account.
(a) You agree to maintain the confidentiality of your password and MPS Operator account information and to supervise all activities that occur under your MPS Operator account, including, but not limited to, any and all usage of MyPhoneSite.com by other persons under your MPS Operator name and password. You agree that you will not permit, enable, introduce or facilitate (i) non- MPS Operators having access to or use of MyPhoneSite.com Services in any manner without such individuals first becoming MPS Operators.
(c) Based on MPS Operator account use and other factors identified by MyPhoneSite.com in its sole discretion, MyPhoneSite.com may require verification of your credit, identity and/or other background information in order for you to continue using the Site. In such event, you agree to provide MyPhoneSite.com with additional information that may be requested, you consent to MyPhoneSite.com's disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information, and you authorize MyPhoneSite.com to obtain a consumer credit report from consumer credit reporting agencies and to verify your identification.
6. In using or accessing MyPhoneSite.com services, you agree to comply with the following:
(a ) You (as an MPS Operator) are solely responsible for the content provided and the content within your sub-domain website created under your Member account.
(b) You (as an MPS Operator) will not record or otherwise store any live or pre-recorded voice messages that you receive through MyPhoneSite.com. You (as an MPS Operator) will not record or otherwise store any calls you conduct with an MPS Customer.
(c) You will not use MyPhoneSite.com for any purpose that is unlawful, fraudulent or contrary to this Member Agreement and the policies of MyPhoneSite.com, and you will cooperate fully with MyPhoneSite.com to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized MyPhoneSite.com representatives access to any password-protected portions of your MPS Operator account.
(d) You will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.
(e) You will conduct all for-fee communications that you have with MPS Customers only through the Site, and you will not circumvent or attempt to circumvent MyPhoneSite.com using third-party payment services.
(f) You will not use MyPhoneSite.com in any manner that harasses another MPS Operator or MPS Customer and could interfere with any other party's use or enjoyment of MyPhoneSite.com. You will respect the privacy of others and not use MyPhoneSite.com for unwelcome, rude or abusive communications.
(g) You will not attempt to gain unauthorized access to any MPS Operator or MPS Customer account information, computer systems or networks associated with MyPhoneSite.com.
(h) You will not attempt to obtain any information or materials relating to MyPhoneSite.com through any means not intentionally made available through MyPhoneSite.com.
(i) You will continue to provide true, accurate and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide to MyPhoneSite.com, as applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
(j) You will not use MyPhoneSite.com to solicit MPS Operators or MPS Customers, to promote any product or services other than the information services described in your MPS Operator listing which are provided through MyPhoneSite.com, to provide any product or services related to, claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants "get rich quickly," "lose weight now" or "make money surfing the Web").
(k) You will not transmit "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings, or transmit solicitation for employees, consultants, contractors or for participation on other websites.
(l) You will not use MyPhoneSite.com to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.
(m) You will not take any actions which may undermine the MPS Operator's or MPS Customer's referral system, or the MPS Operator's feedback system used to solicit feedback from MPS Customers, including without limitation leaving positive feedback for yourself or other MPS Operators, using secondary MPS Operator names or third parties or leaving negative feedback if a MPS Operator fails to perform some action that is outside the scope of the services described in his or her MPS Operator listing.
(n) You will not create obscene, offensive, tasteless, defamatory or hateful MPS Operator names or content for listings.
(o ) You will adhere to all applicable laws and regulations governing your actions in connection with MyPhoneSite.com and (as an MPS Operator) are responsible for meeting the requirements of applicable record keeping laws, including, but not limited to, meeting the requirements of 18 U.S.C. 2257 and related regulations.
(p) You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the Member Agreement and MyPhoneSite.com policies.
7. MyPhoneSite.com shall retain all ownership of corporate intellectual property, including all URLs and any content created or derived from MyPhoneSite.com.
MyPhoneSite.com shall own all right, title and interest in MPS Operator services and MyPhoneSite.com domain, including but not limited to, all methods, processes, content, formats, designs, URLs, buttons, phone numbers, toll free numbers and number extensions together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto. No copyrights, patent rights, trademarks or licenses are conferred herein by MyPhoneSite.com, either expressly or by implication.
*This does not mean that we own your copyrighted operator images.
This simply states that all intellectual property as pertains to MPS website, tools, features, MPS text, and MPS website design belongs solely to MyPhoneSite, LLC and we retain all rights. We do not assume ownership of your image content.
- You can pause or close your MPS website at anytime.
- We do not keep your characters images, information, content, or any design work.
MPS offers you the ability to create your own website. We do all that we can to give you the tools needed to succeed. We also do our best to stay out of your way, allowing you to run your website, you're way.
8. MyPhoneSite.com disclaims any warranties or representations.
MYPHONESITE.COM AND ANY SERVICES OR GOODS OBTAINED THROUGH MYPHONESITE.COM ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. MYPHONESITE.COM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING MYPHONESITE.COM SERVICES AND ALL COMMUNICATIONS BETWEEN MPS CUSTOMERS MADE THROUGH MYPHONESITE.COM, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, MyPhoneSite.com makes no representation or warranty that the operation of MyPhoneSite.com will be error free. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
9. MyPhoneSite.com prohibits the unauthorized use of copyrighted materials and trademarks.
YOU SHALL NOT USE MYPHONESITE.COM TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS, TRADEMARKS, OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
MyPhoneSite.com has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of MPS Operator accounts who infringe or are believed to be infringing the rights of copyright holders or of holders of federally registered trademarks (and unregistered trademarks in certain circumstances).
MyPhoneSite.com Copyright and Trademark Related Policy:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MyPhoneSite.com with the following information required under 17 U.S.C. 512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MyPhoneSite.com to locate the material;
(d) Information reasonably sufficient to permit MyPhoneSite.com to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide proof. Please send proper documentation as required under 17 U.S.C. 512 to:
My Phone Site, LLC
118 Peters Road Suite 206
Knoxville, TN 37923
Or fax to Fax: 1 (443) 483-9131
Copyright issues and claims of copyright infringement on or regarding MyPhoneSite.com can be reached as follows:
c/o My Phone Site, LLC
118 North Peters Road, suite 206
Knoxville, TN 37923
Upon receipt of notice as described above, MyPhoneSite.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from MyPhoneSite.com, and/or termination of the MPS Operator's account.
10. Links to Other Websites.
MyPhoneSite.com may provide links to websites other than MyPhoneSite.com. Such links are provided for reference only, and MyPhoneSite.com neither controls such websites nor endorses any of the material on any such websites or any association with their operators.
My Phone Site, LLC prohibits website owners and MPS operators from linking to any alternate billing method outside of the MPS Pay Per Minute Billing system.
11. Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of this Member Agreement each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
12. You consent to the use of (a) electronic means to complete this Member Agreement, to use MyPhoneSite.com Services and to provide you with any notices given pursuant to this Member Agreement, and (b) electronic records to store information related to this Member Agreement or your use of MyPhoneSite.com.
13. Connection fees:MyPhoneSite.com charges a connection that applies to all calls and this rate is dynamic depending on where the call came from. Domestic calls within the US are generally 0.02/minute while calls outside the US can range from 0.03/0.05 per minute. This fee is only in effect during the actual connected call and all funds are deducted after the call is completed. MyPhoneSite.com reserves the right to change the amount of connection charges retained by MPS at any time.
Termination of accountAs a private company MPS reserves the right to terminate a user account if we deem this action necessary. This includes website owner accounts, operator accounts, affiliate accounts, and customer accounts. This is solely at the discretion of MPS and requires no explanation nor arbitration.
MyPhoneSite's 18 U.S.C. 2257 statement
MyPhoneSite requires all participates, identified as; website owners, operators, customers, and website viewers, who access or use any area of the MyPhoneSite Site to be eighteen (18) years old or older.
MyPhoneSite acts as a technology service to allow participates to share information, entertainment services or other products or services among themselves. MyPhoneSite does not evaluate, provide, or information or exchanges between Members, in any manner. MyPhoneSite does not itself provide any content, information, entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any Member. MyPhoneSite does not make editorial or managerial decisions concerning Member listing content, sexually explicit or otherwise.
By using the MyPhoneSite, participates are bound by our Terms and Conditions and must follow all applicable federal, state and local laws, regulations and ordinances relating to obscene and indecent content, communications, and record keeping obligations.
Participates are solely responsible for the content provided and the content on listings created under their MyPhoneSite accounts are solely responsible for ensuring that they are in compliance with all applicable laws and regulations, including but not limited to providing certain record location information under 18 USC 2257 and corresponding regulations where applicable.
Where applicable, participates shall adhere to the requirements of record keeping laws such as 18 U.S.C. 2257 and the code of regulations applicable thereto including, but not limited to stating where records required under those laws and regulations are located or maintained with respect to their MyPhoneSite accounts or providing information so that such record locations may be readily ascertained.
MPS does not promise or guarantee that all calls will be connected. MPS is not responsible for any problems this may cause you. In the event that a call is not connected you will hear a message notifying you that the operator is currently not by the phone and to try back later. No charge is deducted from your account in the event of non-connection.
© 2014 MyPhoneSite.com All rights reserved. Last modified on March 2014.