CROSSFONE® TERMS OF SERVICE

These Terms of Service constitute an agreement ("Agreement") between Yo llamo LLC, d/b/a CrossFone® ("CrossFone®", “we” or “us”) and the user (“Customer” or “you”) for residential and small business communications services and related features provided by CrossFone® ("Service") were an electronic or written Agreement does not exist for services purchased from CrossFone® and accessed by the Customer through this website, through Crossfone® Customer Service Center, or through CrossFone’s authorized sales agents.

BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT
By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. If you utilize the Service in a manner inconsistent with these terms and conditions, CrossFone® may unilaterally terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper.

THE FOLLOWING TERMS ARE APPLICABLE TO ALL CROSSFONE® SERVICES AND PRODUCT LINES:

Governing Law, Jurisdiction & Venue.
These Terms of Use shall be governed exclusively and construed in strict accordance with the laws of the State of Florida. Customer, by virtue of purchase through this website, agrees to submit to exclusive jurisdiction and venue of the state and federal courts of Miami-Dade County Florida, and, expressly waive all defenses to jurisdiction without any consideration of conflict of law theories, case law or principles.

CrossFone® is the VoIP Provider of all services through this website. Yo llamo LLC. d/b/a CrossFone® (“CrossFone®”) is the carrier providing their prepaid and postpaid interconnected VoIP calling services, and, sells consumer and business VoIP services to Customers through this website, by Phone or in a store and in connection with the DirectFone, RapiFone™ , inFone and CrossFone® SoftFone services. CrossFone® is a Florida certified Inter-exchange carrier TK036 and an Interconnected VoIP service provider for federal regulatory purposes. Any and all services provided through this website are pursuant to Florida and U.S. federal authorization and regulation of as a Florida inter-exchange carrier and as an Interconnected VoIP service provider. All VoIP services furnished by CrossFone® are done exclusively under Florida and U.S. Federal law and administrative regulation. Any claim or complaint as to quality of service, service interruption or furnishing of services shall be directed to the attention of CrossFone® for resolution. CrossFone®, as an Interconnected VoIP service provider, complies with all applicable federal requirements of the Federal Communication Commission’s E911 Order and any questions, concerns or complaints regarding CrossFone’s E911 services may be directly addressed to the FCC through the VoIP911 Service. Florida and U.S. Federal law and administrative regulation exclusively regulate all VoIP services furnished by CrossFone®. Service outages extending over few hours to a couple of days may occur with any Interconnected VoIP service provider due to external events not within the control of CrossFone®. CrossFone® will not be liable for any such outage, and customers shall have no right to any refund, credit, compensation or damages from CrossFone® because of such service outages or any other situation arising out of service outage that is not in the control of CrossFone®.

Electronic Contract for Service.
All services, or products, purchased on www.CrossFone.com are done by electronic format contract. CrossFone® shall make availabl your agreement in eltronic format upon request. You may request access to these electronic records in either HTML or text formats. At all times, you retain the right to request and receive documents on paper upon request to CrossFone® via e-mail or fax.

No Refunds on Prepaid Services Without Cause.
CrossFone® will not offer any refunds or reimbursements for the purchase price of a prepaid Calling Service, Service Plan or Product/Device without cause. Should Customers experience problems with their prepaid service they must first contact our Customer service line at 1-800-905-0693 or 786-522-7557 (for inFone service in the US and outside of the US respectively) and 1-800-766-6160 or 786-364-2115 (for DirectFone or RapiFone service in the US and outside of the US respectively) or e-mail it direct at support@crossfone.com to determine the nature of problem or whether a refund is applicable. CrossFone® exclusively reserves the right to determine whether a demand for refund is with or without cause. CrossFone® further reserves the right to terminate any dormant account that has not been used of a period of ninety (90) days or longer. No refunds will be provided for any prepaid balance remaining on an account that is terminated as a result of being dormant.
Billing and Payment of Billed Charges.
The Customer is responsible for paying all charges posted to its account, including but not limited to, signup fee, activation fee, monthly service fee, usage charges, advanced feature charges, Device charges, shipping and handling, taxes and others. Charges, including disputed amounts, must be paid by the date shown on the invoice. CrossFone® calculates all rates at one-minute increments, rounded up to the nearest minute, commencing upon the first use of any services being provided. CrossFone® reserves the right to bill at more frequent intervals if the amount due at any time on a customer’s account exceeds the plan associated with that specific customer. Customer agrees that (a) it would be impractical to determine the exact amount of CrossFone’s® damages if you fail to pay promptly, and (b) in the event of such failure, Customer shall pay CrossFone® the amount due plus liquidated damages of one and one-half percent (1.5%) per month (or any portion thereof) of any amount unpaid when due. Liquidated damages shall be eliminated or reduced to the extent permitted or required by applicable law. If CrossFone® accepts late or partial payments or payments marked "Paid in Full" or similar notations, it will not waive any of CrossFone’s rights hereunder nor will it constitute an accord or satisfaction.

Credit Card Charges.
No Credit Card payments will be accepted by CrossFone® from Credit Card Issuers that are not regulated Credit Card Issuers in the United States of America – U.S. Credit Cards only. You must provide and pay from valid credit card (Visa, MasterCard, Discover, or any other issuer then-accepted by CrossFone®) of which you are the authorized cardholder when purchasing, activating or re-charging any CrossFone® service. If Customer pays by credit card, it thereby authorizes CrossFone® to charge the credit card account number for CrossFone® charges that accrue during the billing cycle. The Credit Card charge will be reflected in your statement as: “CrossFone®”. Customers may re-authorize CrossFone® to charge its designated credit card account each time it uses Service and/or as required by the Calling Plan Customer chooses. Such authorizations will remain valid until terminated by proper notice to CrossFone® through this website or in writing. It is expressly understood and agreed that in such cases the term for Service will automatically renew for a similar term until such time as Customer notifies us in writing of its intention not to renew. CrossFone® may terminate your account at any time, in CrossFone’s sole discretion, for declined credit cards or any other non-payment of account charges with the understanding, however, that Customer remains fully liable to CrossFone® for all charges accrued from usage of Service and all charges incurred by CrossFone® due to said declines, etc. You must notify CrossFone® in writing within 7 days after receiving your credit card statement if you dispute any CrossFone® charges on that statement or such dispute will be deemed waived. Any applicable billing discrepancy resulting in the consumer initiating a charge-back by the credit card provider through Federal Truth in Lending Act, 12 C.F.R. Part 266 (1998), REG-Z, is not waived and CrossFone® must be given reasonable time to investigate the nature of the Customer’s claim, billing and the specific charge prior to the initiation of a consumer chargeback.
Online Bill Payment or automatic bill payment of CrossFone® Services.
Should you elect an automated payment, either online or from a debit or credit card, you agree to authorize CrossFone® to charge any amounts payable by you in connection with your use of the Service automatically by that credit card or through electronic transfer from that account.

Failure to Pay
Upon advance notice, 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.

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 state 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. Notice of any disputes must be in writing and received by us within 30 days after you received your bill or you will waive any objection. 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 law where you receive the Service requires a different fee, we will charge you that amount.

Taxes.
Any applicable sales, use, excise, utility or other taxes, fees or charges imposed on CrossFone® as a result of providing the Service or a Device will be added to Customer's account when imposed or required by law.
Residential Use of CrossFone® Services and Devices.
If you subscribe to CrossFone’s residential services, the Service and the Device are provided to you solely for residential use. Residential use shall constitute normal and regular use of CrossFone® services or products by you and/or your household based upon volumes of usage that CrossFone® determines are not those of corporate use by a small business enterprise, or at home office. CrossFone® reserves the right to transfer that any residential use customer or account that CrossFone® believes is in fact a small business enterprises based from a residence, or at home business based upon their volumes of usage, to a Corporate Use account or service, or alternatively cancel the customer’s service. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use. The products and services offered through www.CrossFone.com are for personal and business use only and not intended for independent resale or mass distribution by commercial resellers or distributors. Any purchases by distributors and resellers, for the purpose of further resale, must be done through direct contact with CrossFone®, Inc. under a separate agent agreement.

Corporate Use of Service and Device.
If you subscribe to CrossFone’s corporate services, the Service and Device are provided to you as a corporate user. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service or the Device for any of the aforementioned or similar activities. The products and services offered through www.CrossFone.com are for personal and business use only and not intended for independent resale or mass distribution by commercial resellers or distributors. Any purchases by distributors and resellers, for the purpose of further resale, must be done through direct contact with CrossFone®, Inc. under a separate agent agreement.

Use by Customersutside the United States.
CrossFone® does not presently offer or support the Service in any countries other than the United States. If you use the Service or the Device outside of the United States, you will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to terminate your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or the Device outside of the United States.
Export Control Laws.
The export and re-export of Materials of this website are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Materials to any destination requiring such a license. In addition, the Materials may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, the Taliban-controlled regions of Afghanistan or to any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. Moreover, neither the Software nor Materials may be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals maintained by the U.S. government. By downloading the Software and/or Materials you are certifying that you are not a national of one of the above-listed countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
CrossFone® and CALEA Compliance. Be advised that should a request come from governmental or law enforcement agencies, with the authority to require CrossFone® to report information related to your services, or, should law enforcement request this information or access pursuant to CALEA or the Patriot Act, CrossFone® shall be obligated to cooperate and disclose this information in accord with the laws of the United States of America and the State of Florida.

Account Number and Password Security.
You are responsible for maintaining the confidentiality and security of your account number (sometimes called a PIN) and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. Any unauthorized access of the Customers CrossFone® account that is the result of the Customer’s negligent handling of any CrossFone® account number or password is expressly the liability of the Customer. The Customer expressly waives all legal defenses and relief against CrossFone® for any collectable debt that arises from the unauthorized access of their services, by and through their PIN and/or account that is a result of their own mishandling, negligence, or intentional disclosure of their account Number, password or PIN.

Inappropriate Use and/or Conduct as cause for termination or breach of Agreements.
Customer agrees to use the Service and/or Device for lawful purposes only. Customer shall not use, or allow any third (3rd) parties to use, the Service or the Device in any way that is unlawful, harmful, threatening, libelous, deceptive, fraudulent, 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 CrossFone® believes, at its sole discretion, that a customer has engaged in any of the foregoing conduct, CrossFone® reserves the right to (i) immediately suspend or terminate your Service; and/or (ii) forward the offensive materials, your communications with CrossFone®, and your identify and other personal information to the proper authorities for investigation and prosecution. The Customer consents to the forwarding of any such communications and information to these authorities or law enforcement. 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.

Inappropriate Content.
You will be solely liable for any and all liability that may arise out of the content transmitted by you or any person, whether authorized or unauthorized, using your Service or Device. You shall assure that the use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. CrossFone® reserves the right to terminate or suspend your Service and remove your content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action, or inaction, under this Section will not constitute any review or approval of your use or content.
NO WARRANTIES ON SERVICE. CROSSFONE® DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES OR DEVICE, ANY TRANSACTION PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, OR AS TO THE QUALITY OF THE CALL. CROSSFONE® SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION, USE OF THE SERVICE OR DEVICE. CROSSFONE® DOES NOT WARRANT THAT THE SERVICES OR DEVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT FAILURE, PACKET LOSS, DEGRADATION OR INTERRUPTION NOR DOES CROSSFONE® WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. NEITHER CROSSFONE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF CROSSFONE® OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY CROSSFONE® OR OUR AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

EXPRESSED LIMITATION OF LIABILITY. IN NO EVENT WILL CROSSFONE® BE LIABLE TO THE CUSTOMER FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF “CV” 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.

INDEMNIFICATION.
The Customer agrees to indemnify, defend and hold CrossFone®, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Devices from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from Customer’s use of any Services or Devices, including, without limitation, 911 Dialing, or any violation of this Agreement by Customer. The provisions of this paragraph are for the benefit of CrossFone® and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information priders t the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against Customer on its own behalf.

NO WARRANTIES ON WEB SITE. HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THE SITE WILL ENABLE YOU TO LEAVE CROSSFONE’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF CROSSFONE® AND CROSSFONE® 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. CROSSFONE® IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CROSSFONE® OF THE SITE. CROSSFONE® AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. ALL SERVICES AND MATERIALS PROVIDED ON THE CROSSFONE® SITE ARE PROVIDED "AS IS". CROSSFONE® DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY DATA LOSS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, DEVICE AND THE INTERNET.
Force Majeure.
CrossFone® shall not be liable for any failure or delay in performing an obligation or service under this Agreement that is due to causes beyond its reasonable control, such as natural catastrophes, governmental acts or omission, laws or regulations, labor strikes or difficulties, computer viruses, war, domestic or international acts of terrorism, transportation stoppages or slowdowns or the inability to procure content, information, service, carriers, product, software, or demonstrations that flow from Force Majeure events. If any of these causes continue to prevent or delay performance for more than 180 days, you may terminate this Agreement, effective immediately upon notice to CrossFone®.

Trademarks.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of CrossFone® (collectively "Marks") are and shall remain the exclusive property of CrossFone® and nothing in this agreement shall grant Customer or any Third party the license to use such Marks.

Copyright.
All Services, Software and Materials found at this Website are protected under U.S. Copyright, or, by and through other intellectual property laws. Any commercial use of the Services Software, and Materials found on the Website is strictly prohibited, without the express, prior, written consent of CrossFone®. 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.
THE FOLLOWING TERMS ARE APPLICABLE TO SPECIFIC CROSSFONE® SERVICES AND PRODUCT LINES:

The CrossFone® DirectFone

The Terms and Conditions of your DirectFone written or electronic contract expressly govern the terms and conditions of its purchase, activation and use. The following terms and conditions are minimal expressed terms of all DirectFone contracts and are applicable to any DirectFone you may purchase or use through this website.

Prepaid Calling Service.
The DirectFone is a prepaid calling service and Yo llamo LLC. D/B/A/ CrossFone® provides to the consumer pursuant as a Florida certified Inter-exchange carrier TK036 and an Interconnected VoIP service provider. Any claim or complaint as to quality of service, service interruption or furnishing of services of the DirectFone shall be directed to the attention of CrossFone® for resolution. Prices and rates for local and long distance calls are subject to change without notice.

General Website Policies apply.
All the above General Terms and Conditions of CrossFone® found in this website apply to the Customer of the CrossFone® DirectFone and to CrossFone® in providing DirectFone Services as minimal terms for any electronic contract between them and any DirectFone Services provided.

Written Notice to Customer by e-mail
By activation and use of the DirectFone, Customer agrees to all official Notices from CrossFone® to Customer shall be sent and delivered via e-mail. Customer represents that the e-mail provided CrossFone® is his or her account, or alternatively, is an e-mail account to which the customer has regular access, or alternatively is an e-mail account to which the Customer agrees notice remitted thereto are effectually received.

Written Notice to CrossFone® through Customer Service Center
By activation and use of the DirectFone, Customer agrees to all official Notices from Customer to CrossFone® must be in writing (in forma of e-mail fax or letter) and shall be directed to CrossFone’s Customer Service Center at the following contact points:

CrossFone® Customer Service Center (hours of operation 7am EST to 12am EST Monday through Sunday)
Contact our Customer service line at 1-800-766-6160 or 786-364-2115 (for DirectFone in the US and outside of the US respectively) or e-mail it direct at support@crossfone.com.

Important Notes:
- Sales Tax of 7% will be charged in addition to any purchase and recharge as of March 1st, 2007.
- CrossFone® is not responsible for any long distance charges incurred by the customers while dialing a local access number. Customer needs to verify its existing local and long distance plan to guarantee that no long distance charges will be charge to Customer’s account.
- This service is intended to be used for residential purposes. Usage in a billing cycle should not exceed the 2,000 minutes. CrossFone® reserves the writes to cancel or make any changes to customer’s DirectFone Service.The CrossFone® RapiFone™

The Terms and Conditions of your RapiFone™ Account found in your written or electronic contract expressly govern the terms and conditions of its purchase, activation and use of RapiFone™. The following terms and conditions are minimal expressed terms of all RapiFone™ contracts and are applicable to any RapiFone™ Account you may purchase or use through this website.

RapiFone™ Online Calling Accounts
The RapiFone™ Account is a calling service that can be managed on-line by you the Customer and accessed from any phone you designate or select on either a prepaid or post paid basis. The RapiFone™ Account further offers calling specific discount plans to maximize savings to consumers calling regularly to specific destination. Yo llamo LLC. D/B/A/ CrossFone® provides the RapiFone™ Account to the consumer pursuant as a Florida certified Inter-exchange carrier TK036 and an Interconnected VoIP service provider. Any claim or complaint as to quality of service, service interruption or furnishing of services of the RapiFone™ shall be directed to the attention of CrossFone® for resolution, or alternatively, made with the Florida Public Service Commission with CrossFone® as the inter-exchange carrier. Prices and rates for local and long distance calls are subject to change without notice.

General Website Policies apply.
All the above General Terms and Conditions of CrossFone® found in this website apply to the Customer of the CrossFone® RapiFone™ and to CrossFone® in providing RapiFone™ Services as minimal terms for any electronic contract between them and any RapiFone™ Services provided.

Dial Around Compensation Charges from Payphones.
Where and when you access your RapiFone™ services through a pay telephone using our toll free number, the pay phone provider is entitled to be compensated for use of their phone. CrossFone® reserves the right to charge your RapiFone™ account the appropriate charge for connection of the call and all administrative costs of pay this amount to the payphone company as required by law and regulation. This amount will appear on any account balance or billing as a DAC (Dial Around Compensation) charge, and CrossFone® reserves the right to retroactively bill you DAC charges for any and all calls you may make through a public payphone. Public payphones may incur a charge of up to $0.99 depending on the payphone carrier's policy

Local Access Charges
Local and Regional Phone Company charges may apply and such fees shall be charged to your RapiFone™ Account for services associated with connecting your calls. Access fees to local access numbers may be applied. Federal, State, and local taxes for Lifeline Assistance and Universal Service Fund will be deducted from your account. Calls to Directory Assistance will be charged at a higher rate and such fee shall be charged to your account.

Availability of Toll or Access Number
CrossFone® does not warrant or guarantee that the customer will have availability of the toll or access number from all locations within North America. The RapiFone™ Servie is strictly limited to use within the United States of America. Availability and access to RapiFone™ services may also be limited by Force Majeure events or by service outrages of other carriers or network providers of CrossFone® that are not within the control of CrossFone®. For any and all issues regarding access or availability of CrossFone’s Toll or access numbers for the RapiFone™, please contact CrossFone’s Customer Service Center.

Written Notice to Customer by e-mail
By activation and use of the Rapifone™ Account, Customer agrees to all official Notices from CrossFone® to Customer shall be sent and delivered via e-mail. Customer represents that the e-mail provided CrossFone® is his or her account, or alternatively, is an e-mail account to which the customer has regular access, or alternatively is an e-mail account to which the Customer agrees notice remitted thereto are effectually received.

Written Notice to CrossFone® through Customer Service Center
CrossFone® Customer Service Center (hours of operation 9am EST to 10pm EST Monday through Sunday)
Contact our Customer service line at 1-800-766-6160 or 786-364-2115 (for RapiFone™ service in the US and outside of the US respectively) or e-mail it direct at support@crossfone.com

By activation and use of the RapiFone™ Account, Customer agrees to all official Notices from Customer to CrossFone® must be in writing (in forma of e-mail fax or letter) and shall be directed to CrossFone’s Customer Service Center at the following contact points:

CrossFone® Customer Service Center
FAX: (305) 592-4949

Management of your RapiFone™ on-line Account
By activation and use of the RapiFone™ Account, Customer agrees that he or she is solely responsible for any and all security of the account through PINs or passwords in their possession; Customer agrees that he or she is solely responsible for selecting all telephone numbers to which the RapiFone™ Account will be dedicated or given access to the RapiFone™ service; Customer agrees to pay for all services used by telephone numbers registered through its on-line RapiFone™ Account; and Customer agrees to pay for any applicable overages, regulatory fees, access charges, taxes, or administrative costs billed to their RapiFone™ Account accrued by telephone numbers registered on-line through their RapiFone™ Account. Should Customer experience any problems in connection to accessing their on-line RapiFone™ Account, or in changing any telephone number associated with their RapiFone™ Account, they must contact the CrossFone® Customer Service Center immediately. CrossFone shall not be liable for any RapiFone™ Account telephone numbers registered in error and provided services before correction by the Customer.

Important Notes:
- Sales Tax of 7% is charged in addition to the Monthly Recurring price for RapiFone™ products, to all customers that signed up after March 1st, 2007. Sales Tax of 7% was included in Monthly Recurring price for RapiFone™ products, to all customers that signed before March 1st, 2007.
- All RapiMax and MaxFone plans are residential plans (maximum of 2,000 minutes per months per customer). If usage is not consistent with typical residential customer usage, at the Company’s sole discretion, the Company may offer Customer an alternate plan or suspend, restrict or cancel Customer’s service without prior notice.
- All RapiMax Business plan are commercial plans (maximum of 4,000 minutes per months per customer). If usage is not consistent with typical commercial customer usage, at the Company’s sole discretion, the Company may offer Customer an alternate plan or suspend, restrict or cancel Customer’s service without prior notice.
- CrossFone® is not responsible for any long distance charges incurred by the customers while dialing an access number. Customer needs to verify its existing local and long distance plan to guarantee that no long distance charges will be charge to Customer’s account.
- CrossFone® is not responsible for any international termination charges incurred by the customers. Customer needs to follow-up CrossFone® dialing instructions and avoid any misuse or changes in the process. A “Thank you for Using CrossFone®” message should be heard after dialing any destination. If this message is not heard, Customer needs to hang up the call immediately.
The CrossFone® inFone

The Terms and Conditions of your CrossFone® inFone written or electronic contract expressly govern the terms and conditions of its purchase, activation and use. The following terms and conditions are minimal expressed terms of all CrossFone® inFone contracts and are applicable to any CrossFone® inFone system you may purchase or use through this website or through authorized CrossFone® sales agents.

Internet Telephone Service.
The inFone is an Internet Telephone Service designed to provide Local and Long Distance Calling through a Customer’s existing broadband connection(s) and provisioning with their ISP provider. The CrossFone® iFone Service also allows in-bound and out-bound calling services from national and foreign Direct Inward Dial (DID) Numbers from which calls made be made or received in an area code different from that of the Customer. The CrossFone® inFone Service further offer calling specific discount plans to maximize savings to consumers calling regularly to specific destination.

General Website Policies apply.

All the above General Terms and Conditions of CrossFone® found in this website apply to the Customer of the CrossFone® iFone and to CrossFone in providing iFone Services as minimal terms for any electronic contract between them.

Device Ownership and Risk of Loss.
You will own the Device and bear all risk of loss, theft, casualty or damage to the Device, from the time it is shipped to you in accordance with this Agreement.

No Operator Services, collect calls and/or x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other services in one or more (or all) service areas. The iFone does not offer the ability to make a collect call or operator service person to person call.

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 (if applicable) may, however, be listed. As a result, someone with your phone number may not be able to utilize a reverse dectory to lookup your address.

Incompatibility with other services.
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. The Service may not be compatible with certain Broadband or Cable Modem services. Customer acknowledges that there may be other services with which the Service may be determined to be incompatible. Customer further acknowledges 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 witall broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.

Number Portability from a landline of another provider to inFone

In the event you are transferring an existing phone number, which currently is subscribed to another carrier for local, local toll and/or long distances telecommunications services, to CrossFone’s Services, the terms and conditions of this paragraph shall apply:

1) You hereby authorize CrossFone® to process your order and to notify your local telephone company of your decision to switch your local, local toll and long distance services to CrossFone’s Service, and represent that you are authorized to take this action;
2) You agree and acknowledge that if you set up your transfer and acceptance of inFone services prior to the date that the number switch becomes effective (“Port Effective Date”), you will be able to make outgoing calls only over the phone you have connected to broadband. In such event, you should keep another phone connected to an existing phone extension at your service location to receive incoming calls until the Port Effective Date, after which you will be able to both make and receive calls using the CrossFone® Service; and
3) You agree and acknowledge that if your inFone is not yet activated as of the Port Effective Date, your existing phone service for the number you are transferring will be disconnected you will have no service for that line. Therefore, to avoid an interruption in your phone service, it is extremely important that you install the inFone prior to, or on, the Port Effective Date. Your will be provided an estimate of the Port Effective Date will be sent to you via e-mail by CrossFone® following your completion of the ordering process.

CrossFone’s iFone 911 Dialing Features and E-911 Be expressly advised that CrossFone® provides local regional and long distance phone services over broadband connections via Voice over Internet Protocol (VoIP). The CrossFone® VoIP service differs from traditional phone service, provided over phone lines, in that the 911 dialing feature on CrossFone® VoIP services has important limitations, and that, you - as our customer - must be aware of, and that you must advise any others that may use the CrossFone® VoIP service in your residence or business.

YOU, THE CUSTOMER, ARE SOLELY RESPONSIBLE FOR TAKING THE AFFIRMATIVE STEP OF ACTIVATING THE 911 DIALING FEATURE ON YOUR CROSSFONE® SERVICE BY REGISTERING THE EXACT ADDRESS WHERE YOU WILL USE THE CROSSFONE® VOIP SERVICE. CROSSFONE® HAS NO OTHER MEANS OF LOCATING YOU IN THE EVENT 911 EMERGENCY SERVICE REPSONSE IS REQUESTED FROM YOUR CROSSFONE® SERVICE APART FROM THE ADDRESS YOU REGISTER WITH CROSSFONE® VIA THIS WEBSITE OR THROUGH CROSSFONE’S CUSTOMER SERVICE LINE. SHOULD YOU MOVE THE LOCATION OF WHERE YOU USE THE CROSSFONE® SERVICE, YOU, THE CUSTOMER, MUST TAKE THE AFFIRMATIVE STEP TO ACTIVATE THE 911 DIALING FEATURE AT THAT LOCATION BY RE-REGISTERING THE ADDRESS VIA THIS WEBSITE OR THROUGH CROSSFONE’S CUSTOMERSERVICE LINE.IF YOU FAIL TO REGISTER YOUR LOCATION OR RE-REGISTER A CHANGE OF ADDRESS TO A NEW LOCATION, THE 911 DIALING FEATURE WILL NOT FUNCTION PROPERLY AND POTENTIALLY NO EMERGENCY SERVICE WILL BE SENT TO YOUR LOCATION. ADDITIONALLY, IF AT ANY TIME 911 IS DIALED AT AN UNREGISTERED ADDRESS, YOU MAY BE ASSESSED A FEE OF $100.00 USD PER OCCURRENCE.

IT IS AGREED BY THE CUSTOMER THAT CROSSFONE® IS INDEMNIFIED, AND SHALL BE HELD HARMLESS TO ANY LEGAL CAUSE OF ACTION, OR DAMAGE OF ANY KIND, IN THE EVENT THAT THE CUSTOMER FAILS TO PROPERLY REGISTER THE ADDRESS FOR 911 DIALING PURPOSES WHERE THE CROSSFONE® SERVICE IS USED, OR RE-LOCATED AFTER INITIAL REGISTRATION.

Be Advised of the following technical limitations of the CrossFone® 911 Dialing Service:
• If your CrossFone® account is suspended or terminated, the CrossFone® the 911 dialing feature on your CrossFone® device will not function.
• If your Internet connection or Broadband Service is lost, suspended, terminated or disrupted, neither CrossFone® nor the CrossFone® 911 dial feature will function until the Internet connection nor is Broadband Service restored by your Provider.
• Should you lose power, or if there is a disruption to power at the location where CrossFone® is used, neither CrossFone® nor the 911dial feature will function until power is restored. Be aware that after a power failure or disruption, the CrossFone® Service may need to reset or reconfigured the CrossFone® inFone device prior to utilizing the service, including the 911 dialing feature. For re-setting or reconfiguring the inFone after a power failure or disruption, please click here.
• There is a greater possibility that network congestion may reduced the speed of routing a 911 dialed calls utilizing CrossFone® VoIP Service as compared to traditional 911 dialing over traditional public telephone networks. If given the opportunity, dial 911 over the traditional phone line using the traditional public telephone network first.
• Labels will be sent to your billing address that must be placed on or near all equipment that is used to make calls using the CrossFone® service so that you or others using the equipment are reminded or advised of the limitations of the 911 dialing feature.

CUSTOMER ACCEPTS THE FOLLOWING EXPRESSED CONDITIONS OF USE BY VIRTUE OF ACTIVATION OF THE CROSSFONE IFONE OR SOPHPHONE SYSTEMS IN THEIR RESIDENCE OR BUSINESS:

You, the Customer, are solely responsible for the accuracy and the completeness of the address that you submit to CROSSFONE® for the location at which CrossFone® will be used and to which emergency service will be sent in the event that you use the CrossFone® 911 dialing service.
You, the Customer, are solely responsible for updating and of the advising the Company of any and all changes to the address or location at which CrossFone® will be used. CROSSFONE® uses a third party to route the 911 dialed calls to the applicable local emergency response center or to the national emergency calling centers.
CrossFone® makes no warranties or guarantees as to whether, or the manner in which, 911 dialells that you make are answered or responded to by the local emergency response center or by the national emergency calling centers.
CrossFone® expressly disclaims any and all liability or responsibility in the event that the third party data used to route 911 dialed calls is incorrect or yields an erroneous result. Customer expressly agrees that neither CrossFone® nor its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to CrossFone® 911 dialing service unless such claims or causes of action arise from CrossFone's gross negligence, recklessness or willful misconduct.
The Customer, expressly agree to release, indemnify, defend and hold harmless CrossFone®, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, CrossFone® 911 dialing feature or service or access emergency service personnel.
Unauthorized Usage of the iFone. Customer may not program the iFone into any equipment, network or infrastructure in or on which the number is intended or used as the origination or destination of a communication other than the Device that was provided by CrossFone®. Customer may not change the electronic serial number or equipment identifier of the iFone Device. If the Device is stolen or Service is fraudulently used, Customer must immediately notify CrossFone® and provide such documentation and information as CrossFone® may request, which includes, but is not limited to, a copy of a filed police report. Customer agrees to cooperate with CrossFone® in any fraud investigation and to implement any fraud prevention measure CrossFone® prescribes. Failure to provide reasonable cooperation will result in your liability for all fraudulent usage. A residential customer agrees to use the Device or Service for residential use only. A Small Business or Enterprise Customer agrees to use the Device or Service for business use only. Customer agrees to advise CrossFone® Networks if service usage changes from either residential or business use.

Regulatory Fees and/or Taxes connected with the iFone Service. CrossFone®, as an Interconnected VoIP service provider, complies with all applicable federal and state obligations to collect and contribute regulatory fees, taxes or access charges on either a prepaid basis or postpaid basis from the consumer. These fees may appropriately include, but are not limited to: Universal Service Fund Contributions; Florida Communications Tax; and Florida Sales Tax. In the assessment, collection or contribution of any regulatory fee connected with the inFone or service connected with the inFone, CrossFone® reserves the right to retroactively charge the Customer any and all applicable regulatory fees and taxes and provide the Customer with an account of such fees through an electronic statement, or upon request, a written or faxed statement of said fees and taxes on a monthly basis.

Termination and Termination Fees.
Customer will be charged a Termination Fee of $39.99 per voice line if your Service is terminated for any reason during the first twelve months following the activation of your Service. If you voluntarily cancel your CrossFone® inFone account or if CrossFone® cancels your Service for any reason, CrossFone® will have no obligation whatsoever to assist you in any respect in switching from CrossFone® to another service provider. If device is not returned in proper working condition, customer will be billed the full cost of the equipment within 14 days, totaling to the amount of $65.00.

Cancellation of Service by the Customer.
For any and all sales of inFone Devices and Services resulting from a house call or visit to a consumer’s residence by an authorized CrossFone Sales Agent, the Customer has the right to cancel their Agreement with CrossFone® of any reason whatsoever within three (3) business days, or alternatively pursuant to any applicable state “cooling-off” timetable established by regulation or statute. In the event that the Customer is delivered a Device that does not function or connect to Customer’s broadband service and perform the services contemplated by the CrossFone® inFone, the Customer must immediately contact CrossFone’s Customer Service Center for immediate shipment of a replacement of the original Device at no cost. If after the shipment of a replacement Device, the inFone Devices and Service still does not function, the Customer must immediately contact CrossFone’s Customer Service Center to determine nature of the problem. If CrossFone® is unable to determine or resolve the problem after seven (7) days from confirmed delivery of a replacement Device, the Customer may cancel the Contract and receive a full refund of all amounts paid CrossFone® for the inFone Service and the Device condition upon return of the Device to CrossFone®. CrossFone® shall bear all costs of shipping associated with shipping a replacement Device to the Consumer or having Devices shipped back to CrossFone®. If device is not returned in proper working condition, customer will be billed the full cost of the equipment within 14 days, totaling to the amount of $65.00.

Direct Inward Dial Numbers (DIDs) provided in connection with iFone.

Customers that have international (non-United States) dct inward dial phone numbers ("DIDs") are provided with these numbers based on current United States and overseas regulations. These regulations are subject to change without notice and CrossFone® may be required to discontinue this Service, without notice. CrossFone®, CrossFone® reserves the right to discontinue Internatinal DID services for any reason at any time and is only obligated to refund the pro-rated monthly fee.

Written Notice to CrossFone® through Customer Service Center

By activation and use of the iFone Account, Customer agrees to all official Notices from Customer to CrossFone® must be in writing (in forma of e-mail fax or letter) and shall be directed to CrossFone’s Customer Service Center at the following contact points:

CrossFone® Customer Service Center
FAX: (305) 592-4949

CrossFone® Customer Service Center (hours of operation 9am EST to 10pm EST Monday through Sunday).

Contact our Customer service line at 1-800-905-0693 or 786-522-7557 (for inFone service in the US and outside of the US respectively) or e-mail it direct at support@crossfone.com

The CrossFone® SoftFone VipFone™
The Terms and Conditions of your CrossFone® SoftFone VipFone™ written or electronic contract expressly govern the terms and conditions of its purchase, activation and use. The following terms and conditions are minimal expressed terms of all CrossFone® SoftFone contracts and are applicable to any CrossFone® SoftFone system you may purchase or use through this website.

Important Notes:
- Sales Tax of 7% is charged in addition to the Monthly Recurring price for RapiFone™ products, to all customers that signed up after March 1st, 2007. Sales Tax of 7% was included in Monthly Recurring price for RapiFone™ products, to all customers that signed before March 1st, 2007.
- All RapiFone and inFone plans are residential plans (maximum of 2,000 minutes per months per customer). If usage is not consistent with typical residential customer usage, at the Company’s sole discretion, the Company may offer Customer an alternate plan or suspend, restrict or cancel Customer’s service without prior notice.
- All RapiFone Business plan are commercial plans (maximum of 4,000 minutes per months per customer). If usage is not consistent with typical commercial customer usage, at the Company’s sole discretion, the Company may offer Customer an alternate plan or suspend, restrict or cancel Customer’s service without prior notice.
- CrossFone® is not responsible for any long distance charges incurred by the customers while dialing an access number. Customer needs to verify its existing local and long distance plan to guarantee that no long distance charges will be charge to Customer’s account.
- CrossFone® is not responsible for any international termination charges incurred by the customers. Customer needs to follow-up CrossFone® dialing instructions and avoid any misuse or changes in the process. A “Thank you for Using CrossFone®” message should be heard after dialing any destination. If this message is not heard, Customer needs to hang up the call immediately.
Internet Telephone SoftPhone Service.

The CrossFone® SoftFone is an Internet Telephone SoftPhone Service designed to provide Local and Long Distance Calling through a Customer’s personal computer (PC) connected existing broadband connection(s) and provisioning with their ISP provider by and through specialized and proprietary software that is purchased and downloaded through this website. The CrossFone® SoftFone Service allows Customers to make Calls directly from their personal computer to any national or international destination on either PC to PC basis or from their PC to any working telephone number. The CrossFone® SoftFone Service also offer calling specific discount plans to maximize savings to consumers calling regularly to specific destination when calling from their PC.

General Website Policies apply.

All the above General Terms and Conditions of CrossFone found in this website apply to the Customer of the CrossFone SoftFone and to CrossFone in providing SoftFone Services as minimal terms for any electronic contract between them.

SoftFone Software and Downloads protected by U.S. and International Copyright.

By purchase, download, activation and use of the CrossFone® SoftFone Software, you the Customer and account holder of the Credit Card used to lawful purchase the software acknowledge and agree that all Software, codes, data and collective works associated with the download are the protected property of CrossFone® under U.S. Copyright, or, by and through other intellectual property laws that may apply to your jurisdiction. You expressly warrant and represent that this software shall not have any commercial use other than that which you have been expressly given by your electronic contract and that all other use is strictly prohibited, without the express, prior, written consent of CrossFone®. Any reproduction or redistribution of the CrossFone® SoftFone Software or Materials not in accordance with these terms are expressly prohibited by law, and may result in severe civil and criminal penalties.

Single User Limited License and Risk of Loss. You will have a limited licensed single user use of the SoftFone software and bear all risk of loss, theft, casualty or damage to the that single licensed use of the Software upon successful download from this website.

These Terms of Service were last updated on February 28, 2007.

Copyright 2006 Yo llamo LLC. (a Florida corporation) used under license. CrossFone® is a registered service mark owned by and used under license from Yo llamo LLC., a wholly owned subsidiary of Latin Node, Inc.