TERMS AND CONDITIONS ARE APPLIED TO RAKETU SERVICE (RAKOUT/RAKWEB/RAKSMS). RAKETU SERVICE IS PURCHASED ON A PREPAID BASIS (PREPAID AMOUNTS). PREPAID AMOUNTS EXPIRE 180 DAYS FROM THE DATE OF PURCHASE OR YOUR LAST DAY OF USE OF RAKOUT/RAKWEB/RAKSMS, WHICHEVER IS LATER, EXCEPT WHERE PROHIBITED BY LAW. Prepaid Amounts for Raketu must be redeemed through Raketu Communications Inc. and are not redeemable for cash and cannot be returned for a cash refund, exchanged, transferred, replaced with or without a fee if lost, stolen or destroyed, or used for payment of any other services. No service or dormancy fees are applied to Prepaid Amounts. Raketu Services are open only to users of legal age. Void where prohibited or restricted by law. Raketu Services are provided on an "AS IS" and "AS AVAILABLE" basis. Raketu Communications Inc. expressly disclaims
all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Raketu Communications Inc. reserves the right to change any terms and conditions, with or without notice. See additional terms and conditions during registration.
1. ACCEPTANCE OF TERMS WITH RAKETU COMMUNICATIONS INC.
Welcome to RakOut/RakWeb/RakSMS by Raketu Communications Inc., a premium service (the "Service") provided by Raketu Communications Inc. (RAKETU). By clicking Place Order and continuing to use the Service, you agree to these Service Terms located at http://www.raketu.com/rakout_tos.php (the Service Terms). RAKETU reserves the right to update and change, from time to time, these Service Terms and any documents incorporated by reference. You can always find the most recent version of these Service Terms at the URL indicated above. Please note, your use of your rakID and other services provided by Raketu Communications Inc. are subject to your previous agreement with Raketu Inc. pursuant to the Raketu Inc. Term of Service.
2. DESCRIPTION OF SERVICE
The Service allows you to pay for and make Voice over Internet Protocol (VoIP) premium outbound calls and sms-text messaging. To enable your use of the Service, you must either download Raketu version 2.0 or higher and agree to additional software terms and conditions, or login to the www.Raketu.com site, or login to the www.Raketu.mobi site, or use the RakSMS service. For more details and to download, visit http://www.raketu.com. To use the Service, you must buy a prepaid calling package and maintain sufficient funds in your account. See section 5 below for more details. The Service is not a telecommunications service and is subject to different regulatory treatment than telecommunications service.
To use the Service, you must have a valid rakID (provided by Raketu Communications Inc.) and provide your credit card, billing and other information (your "Registration Data"). If you do not have a rakID, you must complete the registration process before you can purchase the Service.
4. YOUR REGISTRATION OBLIGATIONS
You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete Registration Data, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RAKETU has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RAKETU has the right to suspend or terminate your account, without notice to you, and cancel any and all current or future use of the Service (or any portion thereof) without any refund. We reserve the right to contact you to verify your Registration Data at any time. If your Registration Data is invalid for any reason, your account will be suspended or cancelled immediately and all the information contained within it deleted permanently. RAKETU accepts no liability for information that is deleted or service that is cancelled due to invalid or inaccurate Registration Data.
5. PAYMENT TERMS
5.1 General Terms
The credit card that you provide as part of your Registration Data will be automatically billed. All currency references are in U.S. dollars.
5.2 Payment for Prepaid Calling Packages
Payment occurs on a prepaid basis for the amount you select when you ordered the Service, which balance is held in your account. Please note: If you have received a free offer for a specific amount, you will not be charged for the first time until after you have exhausted the amount provided in your free offer.
5.3 Auto Recharge Your Account Feature (optional)
If you elect to enable the auto recharge feature during your order process, your credit card will be automatically charged for the same prepaid package amount you selected when you ordered, on a recurring basis every time your account balance falls below USD .00. You can elect to disable this auto recharge feature at any time by contacting firstname.lastname@example.org. Please note, if you exhaust your account balance during your call, you may be disconnected, and must redial your call to use your additional auto recharge amounts.
Each time you use the Service (by initiating a call, sending an sms-text messge), you agree to be charged at the then-current calling rates, which are available from the http://www.raketu.com website. You will be charged at the then-current rates for each sms-text message or for each minute of your call, and the duration of your call is rounded up to the next minute. Calls less than one minute will be charged as one minute. Charges are automatically deducted from your account balance as you use the service. All rates are subject to change without prior notice.
5.5 Account Balance
To check your account balance, log in to your Raketu account at http://www.raketu.com. If your account balance is lower than the cost of making a call, you will not be able to initiate a call. There is no minimum dollar amount needed in your account for it to remain active.
Maximum call duration time is 3 hours, but may be limited at Raketu’s discretion. Premium phone numbers (except as specifically stated in the Help Pages) and emergency service numbers are not supported by the Service.
5.7 No Refunds
Please note, unless RAKETU gives you written notice to the contrary, prepaid calling packages and your account balance are non-refundable.
5.8 Cancellation of Service
You can cancel your Service and account at anytime. No refund will be provided.
5.9 Taxes, Fees
You agree to be responsible for any applicable taxes, fees, or charges, now in force or enacted in the future in connection with your use of the Service.
Prepaid calling packages and unused balances expire 180 days from the date of issuance, except in any jurisdiction where prohibited by law. There are no service or dormancy fees. To check the expiration date, log into your account at http://www.raketu.com.
5.11 Unauthorized Use
You should safeguard your account from unauthorized or fraudulent use. Please notify us immediately by contacting email@example.com if unauthorized or fraudulent use of your account has occurred or if you suspect that your account has been compromised. No refunds will be provided for amounts debited from your account prior to the time you notify RAKETU. RAKETU will have the right to close user accounts if unauthorized or fraudulent use occurs.
6. NO 911 OR EMERGENCY SERVICE ACCESS
You acknowledge and understand that the Service does NOT currently allow you to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). You should always have an alternative means of accessing 911 or similar emergency services. Please inform others who use your Raketu Services and devices used to access Raketu Services that they must access these numbers through a traditional landline or mobile phone. The Raketu service is not intended to replace your primary phone service, such as traditional landline or mobile phone. You agree that Raketu Communications Inc., and its officers or employees, are not liable for any claim, damage, or loss, and you hereby waive, to the maximum extent permitted by applicable law, any and all such claims or causes of action, arising from or relating to the use of the Service to access any emergency service.
8. RAKETU'S RESERVATION OF RIGHTS
The Service and its benefits are offered at the discretion of RAKETU, and RAKETU has the right to modify or discontinue, temporarily or permanently, the Service, in whole or in part for any reason, at their sole discretion, including but not limited to conforming the Service to legal and regulatory obligations, with or without notice to you. You agree that RAKETU will not be liable to you or any third-party for any modification or discontinuance of the Service.
9. LOCATION OF USER
You are responsible for using the Service in accordance with all laws and regulations and RAKETU is not responsible for your failure to do so.
10. ADDITIONAL TERMS REGARDING THE SERVICE
You also understand and agree that the Service may include advertisements and that these advertisements are necessary for RAKETU to provide the service. You also understand and agree that the Service may include certain communications from RAKETU, such as service announcements, administrative messages and newsletters, and that these communications are considered part of the Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to these Service Terms. You understand and agree that the Service is provided "AS-IS" and that RAKETU assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary (such as compatible PC, headset, and microphone/speaker), to access the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian of any children, it is your responsibility to determine whether the Service is appropriate to be used by your child.
11. MEMBER CONDUCT
You understand that all information, voice communications, voicemail, logs, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not RAKETU, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. RAKETU does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RAKETU be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a RAKETU official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.);
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that RAKTEU may or may not pre-screen Content, but that RAKETU and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, RAKETU and its designees shall have the right to remove any Content that violates these Service Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by RAKETU or submitted to RAKETU, including without limitation information in Raketu Communications Inc. all other parts of the Service.
You acknowledge, consent and agree that RAKETU may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Service Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of RAKETU, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by RAKETU and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
12. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, acceptable Content and use of the Service. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold RAKETU and Raketu Communications Inc. and their subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to, Content you submit, post, transmit or otherwise make available through the Service, your use of the Service (including but not limited to the cancellation, absence, failure or outage of the Service, including specifically any claims arising out of the failure of RAKETU or Raketu Communications Inc. to offer Emergency Services), your connection to the Service, your misuse or abuse of the Service, your violation of these Service Terms, your violation of any rights of another, your violation any countrys laws, your failure to comply with requirements of, or RAKETUs reasonable requests related to, any relevant national numbering plan or administrator regulations and rules and any other applicable regulations or rules, or failure to provide accurate or complete information regarding your residency or your use of the Service, and all such other information as reasonably requested by RAKETU.
14. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that RAKETU may establish general practices and limits concerning use of the Service including without limitation the maximum number of days that Content will be retained by the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that RAKETU has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that RAKETU reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that RAKETU reserves the right to modify these general practices and limits from time to time.
You agree that RAKETU may, under certain circumstances and without prior notice, immediately terminate your RAKETU account, any associated email address, and access to the Service, without any refund. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Service Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent activities, (h) used the Service in violation of any laws, regulations, or rules, (i) violated or tried to violate the rights of others; and/or (j) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) cancellation of your Service without refund, (b) deletion of all related account information, and Content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in RAKETUs sole discretion and that RAKETU shall not be liable to you or any third party for any termination of your account.
17. RAKETU PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RAKETU or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
RAKETU grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Raketu for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAKETU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE SERVICE MAY BE SUBJECT TO OUTAGES AND DEGRADATION OF SERVICE CAUSED BY THIRD PARTY PROVIDERS OF THE SERVICE. RAKETU MAKES NO WARRANTY AS TO THE COMPLETION, CLARITY, OR OVERALL QUALITY OF ANY PARTICULAR OUTBOUND CALL MADE USING THE SERVICE. RAKETU MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAKETU OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RAKETU SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RAKETU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 21 AND 22 MAY NOT APPLY TO YOU.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Service Terms, there shall be no third party beneficiaries to this agreement.
RAKETU may provide you with notices, including those regarding changes to these Service Terms, by either email, regular mail, or postings on the Service.
23. TRADEMARK INFORMATION
The Raketu, Raketu logo, and any other trademarks and service marks and other Raketu product and service names are trademarks of Raketu Communications Inc. (the "Raketu Marks"). Without Raketu Communications Inc.'s prior permission, you agree not to display or use in any manner the Raketu Marks.
24. GENERAL INFORMATION
Entire Agreement. These Service Terms constitute the entire agreement between you and RAKETU and governs your use of the Service, superseding any prior agreements between you and RAKETU with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other RAKETU services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. These Service Terms and the relationship between you and RAKETU shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and RAKETU agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Deleware.
Waiver and Severability of Terms. The failure of RAKETU to exercise or enforce any right or provision of these Service Terms shall not constitute a waiver of such right or provision. If any provision of these Service Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Service Terms remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Service Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in these Service Terms are for convenience only and have no legal or contractual effect.
You may not assign or delegate this Agreement, or any portion thereof, to any third party by operation of law or otherwise unless RAKETU expressly consents to such assignment or delegation in writing. Any attempted assignment in violation of this section shall be void.
Please report any violations of these Service Terms to support@Raketu.com.