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Terms of Use

These Terms of Service constitute the agreement ("Agreement") between Glamore Telecomm Inc. ("we," "us" or "Glamore") and the user ("you," "user" or "Customer") of Glamore’s Residential and Business communications services and any related products or services ("Service").
This Agreement governs both the Service and any device, 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 Glamore, you are a "Retail Customer" for purposes of this Agreement.

By establishing, activating, using or paying for the Service, you acknowledge that you have read and understood these terms, you agree to the terms and conditions in this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms, including those pertinent to 911 Emergency Dialing, and to the prices, charges and conditions provided to you in association with your enrollment, including marketing materials and the Glamore Telecomm website (www.gtelconnect.com), which are incorporated herein by reference. This Agreement governs the Service and any device, website or software used in conjunction with the Service. Glamore Telecomm Inc, makes available for your use on its websites ("Website" or "Site") information, documents, software and products (collectively "Materials") and various services offered by Glamore (collectively "Services") subject to the terms and conditions set forth in this document ("Terms of Use"). By accessing or using this Site, which includes your access to or use of any Materials or Services, you agree to be bound by these Terms of Use.

1.0 Service Requirements

The Service requires a telephone adapter (the "Adapter") obtained through Glamore or a third party reseller that allows you to place and receive calls through a regular telephone by using your high-speed Internet connection. Glamore does not provide or support your high-speed Internet connection, which you need to supply at your own expense. We recommend that your high-speed connection has a capacity of at least 90 Kbps upstream and downstream. Since the Service depends on your high-speed connection, the correct configuration of the Adapter, and an adequate power supply, Glamore does not guarantee continuous availability of the Service. You acknowledge and understand that the Service will not function in the absence of electrical power or if there is an interruption of your high-speed Internet connection. A power failure may require you to reset or reconfigure equipment in order to restore the Service.

2.0 SERVICE

2.1 Service Term. The Service is offered on a month-to-month basis, beginning on the date Glamore activates Service, and terms of this Agreement automatically renew on a monthly basis. You may cancel the Service at any time by contacting Glamore according to the procedure described on the Glamore website. If you cancel Service prior to the end of a monthly term, you will be responsible for paying the full month's charges to the end of the then-current monthly term, including applicable fees and usage charges. Expiration of the term or cancellation of Service does not exempt you from paying all unpaid, accrued charges due in relation to the Agreement. You will not receive a partial credit for any prepaid monthly service charge for any days remaining in your cancellation month. If you cancel your services from our “pay as you go” plans, all charges up to the day of cancellation plus an administrative charge will be deducted from the account before any refunds can be provided.

Your Responsibility. You acknowledge and agree that you are fully responsible for all use on your account, and you accept full liability and responsibility for the actions of anyone who uses the Service via your account with or without your permission. You should safeguard your usernames and passwords, as well as the identifier of the Adapter (referred to as the "MAC address") which Glamore uses to authenticate usage on your account. Some of your calls may be transmitted over the public Internet, and you acknowledge that you are aware that the Internet is not a secure network, and that third parties may be able to intercept, monitor, or corrupt information you transmit over the Internet.

2.2 Residential Use of Service and Device and Restrictions. If you subscribe to Glamore’s residential 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, the Service and Device are provided to you as a residential user, for the End User’s personal, residential, non-business and non-professional use. This means that are not using them for any commercial or governmental activities, profit-making or non-profit. If you fail to comply with these limitations, Glamore reserves the right to immediately terminate or modify the Service, if Glamore determines, in its sole discretion and in accordance with Applicable Law and/or the rules and regulations of appropriate state and federal regulatory bodies, that your Service is being used for non-residential or commercial use. Use of the Service for more than four thousand (4,000) minutes of usage a month (“Usage Cap”) will be considered business use. Further, and notwithstanding the above, Glamore reserves the right to classify a Residential End User as a Business User if, in Glamore’s sole discretion, your calling patterns reasonably indicates business usage. If an End User exceeds the Usage Cap or demonstrates business usage patterns, Glamore will charge this account as if it were a Business End User. 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. These restrictions do not apply to the “Pay as you Go” plans.

2.3 Small Business Use of Service and Device and Restrictions. If you subscribe to Glamore's Small 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. Customer agrees that the Glamore Small Business Plans are for ordinary and usual office voice communications and do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting, fax blasting, or any type of automated, continuous use and/or unlawful use. Glamore reserves the right to immediately terminate or modify the Service, if Glamore determines, in its sole discretion, that your Service is being used for any of the aforementioned activities, in accordance with Applicable Law regarding such terminations.

2.4 Requires Activation: Glamore requires all Users to activate Services using Glamore’s website with certain disclaimers and terms that End Users must agree to or waive before Glamore will activate Service. The terms and conditions and disclaimers on this website are intended to benefit Glamore and not intended to be legal advice to Customer. THIS ACTIVATION PROCESS MUST BE COMPLETED BY THE USER. This does not apply to the “Pay as you Go” plans.

2.5 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, Glamore 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, Glamore 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

2.6 Use of Service and Device by Customers Outside the United States. Although we allow you to use the Service to place and receive calls from foreign countries other than the United States, you are solely responsible for any violations of local laws and regulations resulting from such use. You should be aware of any government regulations and limitations for use of Service in your respective country. We reserve the right to terminate your Service immediately if we are instructed to do so by any foreign country governmental or regulatory authority. International customers should also read and acknowledge the limited set of plans that these customer’s can purchase and the limitation placed by Glamore on these plans at this point in time. These limitations are described else where in this agreement. YOU ACKNOWLEDGE AND UNDERSTAND THAT GLAMORES FRIM POSITION ON USAGE OF SERVICE IN FOREIGN COUNTRIES AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS GLAMORE, ITS OFFICERS, DIRECTORS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR END USER THAT MAY ARISE FOR USAGE OF SUCH SERVICE IN FOREIGN VOUNTRIES. This provision supplements the general indemnification provision found else where in this agreement.

2.7 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 have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. 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.

2.8 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.

2.9 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.

2.10 Return of Device

(a) Retail Customers. A Retail Customer may only return the Device to the retail store, dealer or other provider from which the Retail Customer purchased the Device. All returns will be subject to the return policy of such retail store, dealer or other provider. We will not accept any Device returned to us from a Retail Customer.

(b) Non-Retail Customers. Non-Retail Customers may return the Device to us within fourteen (14) days of the termination of Service to receive a credit for the $39.99 termination provided that:

i) The Service is terminated within the first thirty (30) days following the activation of the Service;

and

ii) The Device is in original condition, reasonable wear and tear excluded;

and

iii) The original proof of purchase are returned with the Device, together with the original
packaging, all parts, accessories, and documentation;
Prior to returning the Device to us, you must obtain a valid return authorization number from our customer care department, which can be reached at support@gtelconnect.com. You shall pay all costs of shipping the Device back to us.

2.11 Number Transfer on Service Termination. Upon the termination of your Service, we may, in our sole and absolute discretion, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if:

1) Such new service provider is able to accept such number;
2) Your account has been properly terminated;
3) Your account is completely current, including payment for all charges and applicable termination fees; and you request the transfer upon terminating your account.

2.12 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.

2.13 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). Calls to pay-per-call services, such as 500, 700, 900, and 976 cannot be completed using this Service. Air to ground and high seas service may not be completed. The Service does not support 311, 511 and/or other x11 (other than certain specified dialing such as 411) services in one or more (or all) service areas.

2.14 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.

2.16 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 and Cable Modem Services. You acknowledge that the Service presently is not compatible with prior versions of the AOL 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.

(c) Alarm systems, medical monitoring equipment, fax machines, satellite television systems and computer modems.
You waive any claim against Glamore for interference or disruption of such services and equipment.

2.17 Service Outages.

Power Outage: You acknowledge and understand that the Service as a whole does not function in the event of a power failure, which power source and maintenance of is your sole responsibility. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment, connections or logins, prior to utilizing the service.

Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts:

You acknowledge and understand that service outages or interruptions by your broadband provider will prevent ALL Service, and are your sole responsibility to maintain. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, may not function. You acknowledge that Glamore is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.

Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement. Glamore will not be responsible for any such outages.

3.0 EMERGENCY SERVICES - 911 DIALING

**** CRITICAL 911/E911 SERVICE LIMITATION AND SAFETY INFORMATION ****

NO 911/E911 SERVICE

YOU ACKNOWLEDGE THAT THIS SERVICE IS NOT MEANT FOR USE AS A PRIMARY LINE OR LIFELINE SERVICE. YOU WILL NOT HAVE ACCESS TO TRADITIONAL 911/E911 SERVICES AND SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING THESE SERVICES. You understand that in order to have access to 911/E911 services you will have to maintain your local phone service. You acknowledge and understand that the Service does NOT function or connect the same way as traditional copper, fiber, or wireline local phone service and is intended for domestically originated long distance service only. Any local service is incidental to the primary purpose of the Service. You agree to inform any household residents, guests, and other third persons who may be present at the physical location where you use the Service as to the non-availability of 911 or E911 dialing from your service and device(s), including without limitation to supply or maintain existing conspicuous posting on the device of any caution or warning materials as may be appropriate. You also agree to make reasonable efforts and use reasonable judgment in informing such other users of the Service of the proper and specific operation and requirements of the Service or, alternatively, you agree to restrict third parties' access to the Service for any purpose. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services, such as maintaining a conventional phone line or wireless phone as a backup means of completing emergency calls.

The documentation that accompanies each Device that you purchase should include a sticker concerning the potential non-availability of traditional 911 or E911 dialing (the "911 Sticker"). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 911 Sticker on each Device that you use with the Service. If you did not receive a 911 Sticker with your Device, or you require additional 911 Stickers, please contact our customer care department at 1-888-xxx-xxxx. It is your responsibility to place the 911 Sticker in each device you purchase from G-Tel in appropriate position so that it is visible to the users of the device.

You acknowledge and understand that Glamore Telecomm will not be liable for any Service outage and/or inability to dial 911 using Glamore or to access an emergency service personnel due to the characteristics and limitation of Glamore Service set forth in this document. You shall defend, indemnify, and hold harmless Glamore Telecomm, 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, failure or outage of the Service, including 911 Dialing, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel. You acknowledge that Glamore does not offer Lifeline service, and that we strongly recommend that you always have an alternative means of accessing emergency service. This provision supplements the general indemnification provision that appear else where in the document.

4.0 BILLING

4.1 Payment. You must provide a valid email address credit or debit card number from a card issuer we accept when the Service is activated. . We reserve the right to stop accepting credit or debit cards from one or more issuers. You authorize Glamore to charge automatically to your credit card any amounts payable by you in connection with your use of the Service. Your right to use the Service is subject to any limits established by your credit card issuer. Your charges and credits issued will appear on an online billing statement that you may access from the Glamore website. You give Glamore permission to obtain authorization for use of your credit card from your credit card issuer. If the card expires, you close your credit card account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Glamore immediately. Your initial use of the Service authorizes Glamore to charge the credit card account number on file with Glamore, updated by any changed information related to card expiration, replacement, or substitution. This authorization remains valid until 30 days after Glamore receives your notice to terminate Glamore's authority to charge your credit card, whereupon Glamore will charge you for any outstanding charges and terminate the Service. Glamore bills all charges including but not limited activation fees, monthly Service fees, international usage charges, advanced feature charges, equipment purchases, shipping and handling charges and applicable taxes monthly in advance (except for usage-based charges including prepaid type of services, which will be billed monthly in arrears, plus any other charges which Glamore more chooses to bill in arrears) to your credit card or other authorized payment option. Glamore reserves the right to bill at more frequent intervals if the amount due at any time exceeds $50. All charges will be billed according to the rates and terms set forth in published materials and found on the Glamore website. We may terminate your Service at any time in our sole and absolute discretion if any charge to your credit or debit card is declined or reversed, your credit or debit card expires and you have not provided us with a valid replacement credit or debit card or in case of any other non-payment of account charges.

4.2 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.
Failure to Pay. We may suspend, restrict, or cancel the Services and this Agreement, if you do not make payments for current or prior bills by the required due date. Service suspension or cancellation will result in your loss of the number associated with the Service.

4.3 Call Time Rounding. Call times for each call are rounded up to the next whole minute and billed in full minute increments minute except as otherwise set forth in the rate schedules found on our website. Per call charges are rounded up to the next whole penny. All calls for which we receive answer supervision shall incur a minimum one-minute charge. Glamore relies on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and inter-exchange switching equipment. Where no answer supervision is received, we will commence billing forty (40) seconds following dial time unless the caller has terminated the call. You must notify us in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges. If you have a Glamore, PC-to-Phone account, the funds in your account will expire unless you make at least one paid call every 90 days.

4.4 Commencement of Billing. You understand that you are responsible for self-installation of the Adapter and any configuration of the Service once you receive the Adapter. If the Adapter is shipped to you by Glamore, your Service is considered active five days after the shipment date or on the day you activate the Service, whichever comes first (the "Activation Date"). You are encouraged to promptly complete installation of the Service since you will be responsible for full payment for the charges on your Glamore bill even if you have not yet installed the Adapter and used the Service at the time the bill is rendered.

4.5 Money Back Guarantee: Limitations and Conditions. From time to time, Glamore may offer a Risk-Free Money Back Guarantee program, the duration and terms of which may vary according to the terms of specific sales promotions as described in the promotional literature or on the website, which is applicable only to your first-ordered account. (You will not qualify for the Money Back Guarantee program if you cancel and subsequently re-establish a Glamore account at the same or another location.) Under the terms of this Money Back Guarantee, if it applies, Glamore may refund some or all charges, excluding applicable taxes, provided the terms described below are satisfied. Glamore reserves the right to terminate or revoke this Guarantee at any time, without prior notice. In order to be entitled to this program, you must: (1) Cancel the Service within the specified number of days in the Guarantee Period after the Activation Date; and (2) Return the Adapter(s) or other hardware purchased from Glamore undamaged and in original condition within seven days of Service cancellation, with all original packaging with the UPC or bar code intact, documentation and accessory materials. No refund of usage charges will apply, including but not limited to, international calling, usage of Glamore toll-free access numbers, applicable taxes and directory assistance charges. Equipment must be returned with a valid return authorization number obtained from Glamore customer service, following prescribed procedures. You are responsible for the cost and risk of return shipping, unless otherwise specified in the terms of the promotional offer that applied to your enrollment and activation.
4.6 Price and Price Changes. Prices and charges relating to the Service are posted on the Glamore website. We may change the prices and charges for the Service from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Service are effective no sooner than fifteen days (1) after posted on the Glamore website or (2) you are otherwise notified of the changes.

4.6 Late Payment Charge. We may add interest charges to any past-due amounts at the lower of 1.5% per month or the maximum rate allowed by law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked "Paid in Full" or with other restrictions) shall not waive any of our rights to collect the full amount of your charges for the Service. You agree to reimburse us for reasonable attorneys' fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through your credit card, we will charge you an additional $15.00. If the state where you receive the Service requires a different fee, we will charge you that amount.

4.7 Taxes. You are responsible for, and must pay, any applicable federal, state, local or other governmental sales, use, excise, 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 associated equipment. These amounts are in addition to payment for the Service or equipment and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such charges (Tax exempt status), you must provide documentation satisfactory to us that you are exempt. Tax exemption will only apply from and after the date Glamore receives this documentation. Taxes will be in the amounts specified by federal, state and local authorities.

4.8 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.

4.9 Service Cancellation You may cancel the Service at any time by notifying Glamore according to the procedures given on the Glamore website. You remain fully liable for accrued charges outstanding at the time of termination, and you authorize Glamore to process these charges to your credit card. If you received an Adapter directly from Glamore at no additional charge and you cancel your Glamore Service within one year of the Activation Date, Glamore reserves the right to request that you return the equipment to us at your expense.

4.10 Payphone Charges. If you use our "Toll Free Plus" feature or any toll free feature that we offer in the future, we will be entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as we deem appropriate for the recovery of these costs.

4.11 Charges for Directory Calls (411). We will charge you $0.99 for each call made to Glamore directory assistance.

4.12 Prepaid Services. If you register for one of our pre paid services, you agree to be responsible for payment of all applicable charges incurred as a result of your use of the Glamore pay services, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Due to our verification process, all funds may not be available for immediate use. Glamore will not offer any refunds or reimbursements for the purchase price of a calling card debit account. Calls made from a payphone may incur a surcharge. Glamore reserves the right to terminate any dormant account that has not been used of a period of ninety (90) days or longer.

4.13 International Customers. In order for customers outside of USA and Canada, with a foreign address to sign up for our services, the following additional terms and conditions apply in order for Glamore, to provide un-interrupted services.

(a) International customers are only able to subscribe only for a selected number of plans offered by Glamore. These plans currently are G.Tel Unlimited US/Canada Plus and G.Tel Unlimited Int’l Plus.

(b) Glamore also places further restrictions on these plans. A customer can make calls restricted to the plans only. For e.g. if you are subscribing to US/Canada unlimited plan, you can make calls to those countries. Calls to any other countries are restricted.

(c) In order for a customer to make calls to other destinations out side of the plan, you must purchase Glamore’s prepaid plans which are described in detail on Glamore’s web site.

(d) All charges for these plans will be levied to the customer in advance. For example if you sign up on for a plan on the 17th of August, you will pay pro-rated charges for the month of Aug, and one full month charge for September before service can be activated. Starting September, you will be charged one full month on the 15th of every month for the next month of Service. I.e. you will be charged 45 days in advance for your service.

(e) If you subscribe to the unlimited plan and prepaid plan, both plans will have account numbers and passwords for checking online billing and call detail records.

For Credit Card Payment Customers:

• There is a surcharge of $4.00 applied to any of the plans which every customer has to
pay, in order for Glamore to accept payments with a credit card from Non USA and Canadian Resident.

• This fee is for processing credit cards from Non-USA/Canadian Resident customers and to cover operating costs.

• Your credit card will only be billed for the monthly charges for the plan in advance as described above.

For Customers without Credit Cards

• Please email to our billing dept at billing@gtelconnect.com , if you are able pay through western union or bank wire transfer only

• Sign up a Dealer in your area and express your desire about signing up with our company.

INTERNATIONAL CUSTOMERS ACKNOWLEDGE AND UNDERSTAND GLAMORE’S FRIM POSITION ON USAGE OF SERVICE IN FOREIGN COUNTRIES WHICH APPEAR ELSE WHERE IN THIS AGREEMENT.

4.14 Billing Disputes. You must notify Glamore within seven (7) days after receiving your credit card statement if you dispute any Glamore charges on that statement or such dispute will be deemed waived.
All such notices of disputed charges should be sent to:
Customer Care Billing Department
Glamore Telecomm
4009 Old Denton Road, Suite 114-226 Carrollton, TX, 75007
-or- billing@gtelconnect.com

5. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES

5.1 Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 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; equipment, network or facility 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; equipment or facility 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 (to be connected or completed, or forwarded.

IN NO EVENT WILL GLAMORE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXAMPLEARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) REGARDELESS OF THE FORM OF ACTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SERVICE (INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP) OR MATERIALS, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF GLAMORE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE. 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.

Glamore AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA OR PERIPHERALS. FURTHERMORE, AND NOTWITHSTANDING THE FOREGOING, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF GLAMORE OR ITS AFFILIATES ARISING WITH RESPECT TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY USER IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM.

5.2 Indemnification YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS GLAMORE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, INDEPENDENT RESELLERS, AND DISTRIBUTORS OF THE SERVICE, 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, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.

You agree that Glamore should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse Glamore for all of our costs and expenses related to the defense of any such claims, including attorneys' fees, unless such claims are based on our willful misconduct or gross negligence.

The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

5.3 Warranties

(a) 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 GLAMORE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, DISTRIBUTORS, 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 GLAMORE'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY GLAMORE OR GLAMORE'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

(b) Device Warranties 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. 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) No Warranties on information on web site. HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM our web site WILL ENABLE YOU TO LEAVE GTELCONNECT.COM WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF GLAMORE AND GLAMORE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. GLAMORE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY GLAMORE OF THE SITE. GLAMORE AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES.

5.4 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.

5.5 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 with 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.

6.0 MISCELLANEOUS

6.1 General Provisions. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Failure by Glamore to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement, and all other aspects of the use of the Service and the Glamore website, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Service. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals concerning the Service, including representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor Glamore is relying on any representations or statements by the other party or any other person that are not included in this Agreement. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

6.2 Events Beyond Our Control. Glamore will not be responsible to you for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.

6.3 Assignment. We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Service without our prior written consent.

6.4 Privacy. Glamore Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Glamore is not liable for any lack of privacy which may be experienced with regard to the Service. To learn about how Glamore protects your personal information, refer to our Privacy Policy. Please note that any non-personal information or material sent to Glamore will be generally be deemed to NOT be confidential.

6.5 Survival. The provisions of this Agreement relating to indemnification (including those relating to 911 Emergency Dialing), limitations on liability, warranty limitations, billings and your obligations to pay for the Service provided, including any additional usage charges, shall survive any termination of this Agreement or termination of the Service.

6.6 Governing Law. The Agreement and the relationship between you and us is governed by the laws of the State of Texas without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 6.7, you shall submit to the personal and exclusive jurisdiction of the courts located within the State of Texas and waive any objection as to venue or inconvenient forum.

6.7 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 conducted in English and take place in Dallas, Texas. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, TEXAS. YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

6.8 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.

6.9 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 Glamore 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 Glamore and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

6.10 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.

6.11 TRADEMARKS All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Glamore (collectively "Marks") are and shall remain the exclusive property of Glamore and nothing in this agreement shall grant you the license to use such Marks.

6.12 COPYRIGHT All Services and/or Materials found in the Glamore Website (gtelconnect.com) are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Services and/or Materials found on the Website is strictly prohibited, without the express, prior, written consent of Glamore. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.

6.13 USE OF SOFTWARE The software that is made available to download from this Site is the copyrighted work of Glamore and/or its suppliers and partners. Use of such software is governed by these Terms of Use and the terms set forth in the applicable end user license agreement. You may not reverse engineer, de-compile or otherwise attempt to discover the source code of the software available on the Website. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

6.14 YOUR CONDUCT You agree to use the Materials and Services for lawful purposes only. You are prohibited from posting on, or transmitting through, the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct. If Glamore believes, in its sole discretion, that you have engaged in any of the foregoing conduct, Glamore may, (i) remove such content from the Site; (ii) terminate or suspend your account or use of the Services and Materials; and/or (iii) forward the offensive materials, your communications with Glamore, and your personally identifiable information to the proper authorities for investigation or prosecution.

6.15 TERMINATION You agree that Glamore, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services or Materials, for any reason, or no reason at all. Glamore may also in its sole discretion and at any time discontinue providing the Materials, Services, or any parts thereof, with or without notice. You agree that any termination of your access to the Services or Materials may be effected without prior notice, and acknowledge and agree that Glamore may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that Glamore shall not be liable to you or any third-party for any termination of your access to the Services or Materials.

6.16 ACCOUNT NUMBER AND PASSWORD You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

6.17 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 the revised agreement is posted on Glamore’s web site at www.gtelconnect.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 Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.

BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF GLAMORE SERVICE DESCRIBED HEREIN.