TERMS AND CONDITIONS

Governing the use of Martel Communication, INC website and telecommunication service.

In this agreement ("agreement"), "you" and "your" mean the customer of the Martel Communication, Inc., and " Martel ," “Company,” "we," "our," and "us" mean Martel Communication, Inc.

"Service" means our domestic and international telecommunication service you volunteer to use on casual basis.

Please take a few minutes to carefully review these terms and conditions, and this agreement. When you elect to use our telecommunication Service, you agree to the rates per minutes as presented on our site www.emartel.com and to terms and conditions in this agreement. If you do not agree to these rates, terms and conditions may not access or use the telecommunication service or this website.  If you are a current customer and wish to block your phone access to the Service, call us toll free at 877-627-8359 (877-MARTEL9).

Martel Communication, INC reserves the right to update or modify these terms and conditions at any time with or without prior notice. Your use of this website and our telecommunication services following any such change constitutes your agreement to follow and be bound by the terms changed.

1. Charges, Payments, and Price changes.

 1.1 General. By accessing our Service, you agree to pay us at the-per-minute rates presented on our site www.emartel.com.  The total price per call equals total call minutes multiplied by price per minute. 

1.2 Price changes. We may change any international destination call rates from time to time without prior notice. Changes will be posted on www.emartel.com. By accessing this service, you understand that your use of this service is purely voluntary and consent to be billed for the use of telecommunication services, including any applicable per call fee as outlined on the www.emartel.com website.

1.3 Payments. You must pay all bills or invoices on time. We do not waive our right to collect the full amount due if you pay late or you pay part of the bill.

1.4 Taxes and other charges. You must pay all taxes and other charges that we bill you for the Service.

1.5 Credit limits. We may set a monthly credit limit based on your payment history. If you reach your credit limit, we will restrict your access to the Service. If you fail to make timely payments, we may lower your credit limit or block you form using the Service,

2. Service Cancellation, Service Suspension.

2.1. Service Cancellation. You may cancel the Service by stopping use of it. If you wish to have your phone number blocked from accessing our Service, call us toll free at 877-627-8359 (877-MARTEL9).

2.2. Failure to Pay Bill. Without advance notice, we may block your line from accessing our Service for any and all past due balances on your account at 30 days or greater.

2.3. Fraud and Abusive Call Activities. By accessing this service, you agree not use the Service for any criminal, illegal, sexual, unlawful, abusive, or fraudulent purpose. If we have a reason to believe that you or someone else is abusing the Service or using it fraudulently or unlawfully, we will block their access immediately. You shall be responsible for preventing fraudulent or unauthorized use of the Service, and you are responsible for payment for any such fraudulent or unauthorized use in case they occur.

Telecommunications fraud is a federal crime and a felony punishable by heavy fines and jail time. Fraudulent behavior will be prosecuted aggressively and with a passion to the fullest extent of the law. We do not take any effort to defraud lightly and will prosecute whenever and wherever possible to the fullest extent of the law.

3. Service Interruption and No Warranties.

THIS SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, MARTEL COMMUNICATION, INC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MARTEL COMMUNICATION, INC DOES NOT REPRESENT OR WARRANT THAT THIS SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. MARTEL COMMUNICATION, INC DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS WEBSITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. MARTEL COMMUNICATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEB SITE.

BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

 4. Limitation of liability.

YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL MARTEL COMMUNICATION, INC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SERVICE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF MARTEL COMMUNICATION, INC OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MARTEL COMMUNICATION, INC AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

 5. Indemnification.

Customer agrees that it shall defend, indemnify, save and hold Martel Communication, INC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Martel Communication, INC, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Martel Communication, INC against liabilities arising out of:

(1) Any injury to person or property caused by any products sold or otherwise distributed in connection with Martel Communication, INC service.

(2) Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.

(3) Copyright infringement.

(4) Any fraud, intentional or not.

(5) Any defective products bought, sold, or traded to customer from Martel Communication, INC services.

6. Copyright Notice and Limited License

Everything you see and hear on this website (the "Content"), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by Martel Communication, INC or by one of its affiliates, or by third parties who have licensed their materials to Martel Communication, INC. The entire Content of this site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Martel Communication, INC owns the copyright in the selection, coordination, arrangement and enhancement of the Content.

Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of this site without first obtaining written permission from Martel Communication, INC

7. Trademark Notice

All of the trademarks, service marks and logos displayed on this web site (the "Trademark(s)") are registered and unregistered trademarks of Martel Communication, INC, one of its affiliates, or third parties who have licensed their Trademarks to Martel Communication, INC or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining written permission from Martel Communication, INC.

8. Links to Other Web Sites

This site may contain hyperlinks to web sites that are not operated by Martel Communication, INC. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party web sites or any association with their operators. Martel Communication, INC does not control these web sites and is not responsible for their content. These third-party web sites (and the web sites to which they link) may contain information that is inaccurate, incomplete, or outdated. You access and use these web sites (and the web sites to which they link) solely at your own risk.

9. Notices,

Any notice or other communication will be in writing and will be provided by US registered mail delivery, or by fax to Martel or You as applicable. In case of such a notice Martel will send this notice to your current address and or to your fax depending on the circumstances.  You may send Martel your notice at:
Martel Communication, Inc.
1 Coghill Court
Lake in the hills, IL 60156
Fax# 253-295-7628

10. Governing Law and Jurisdiction

This web site and subsequent telecommunication services are controlled and operated by Martel Communication, INC from its offices within the State of Illinois, United States of America. Any claim relating to, and the use of, this web site or telecommunication services are governed by the laws of State of Illinois. By using this web site or telecommunication services, you consent to personal jurisdiction in the federal and state courts of Illinois, for any action arising out of or relating to this web site, services, or your use of this web site or telecommunication services. The federal and state courts of Illinois shall have exclusive jurisdiction over all such actions.

11. Entire Agreement

This Agreement constitutes the entire agreement between you and Martel Communication, INC with respect to your access to and/or use of this web site and telecommunication services.